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60—ts. 101217
<br />by this Deed of Trust immediiately prior to the sate of takiray; tear, to !rte 3a:r market value >f The Property immediately priest to the dart of
<br />taking, with the balance of the proceeds paid w Borrower_
<br />If the Property is abandoned by Borrower. all if, after notice by Lender to Borrower that the condemnor offers to make an award or settic a
<br />data for dmnages, Borrower fails to respond to Leader within x) days after the date such notice is mailed. Leader is authorized to collect and
<br />apply the proceeds. at Lender's option, eitMr to restoration or repair of the Property or to the sums secured by this Deed of Trust.
<br />Unions Leader and Harrower otherwise agroc in writs g, any such application of proceeds to principal shall not extend or postpone the due
<br />doe of the moethty installments referred to in paragraphs I and 2 hereof tar change the amount of such instalhnents.
<br />If. Bee— Not halted. Extatsion of the time for payment or modification of amortization of t-he sums secured by this Deed of Trust
<br />granted by Lender to any successor in interest of Borrower shall not operate to release, in any mutter, the liability of the original Borrower and
<br />Borrower's motxnors in interest. Leader shall not be required to commence proceedings against such successor or refuse to extend time for
<br />payment or Otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower
<br />and Barrower's successom in interest..
<br />11. I winoregoe by Leader !Yet a Waiver. Any forbearance by Lender in exerasinr any right or remedy hereunder, or otherwise afforded
<br />by applicable, law. shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of in, --.Ace or the payment of
<br />tastes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Deed of Trost.
<br />12. Re=adies CadWve. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of Treat or afforded bylaw or equity, and may be exercised concurrently, independently or successively.
<br />13. Sueeeman and Assigns Bawd; Joint tad Several Liability; Coptios i. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17
<br />hereof. All eove>ants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust
<br />are for convemence only and are not to be used to interpret or define the provisions hereof.
<br />14. lYodee. Except for any notice required under applicable law to be gi en in another manner, (a) any notice to Borrower provided for in
<br />this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address
<br />as $orrnwer may designate by notice to Lender as provided herein., and (b) ar.y notice to Lender shall be given by certified mail, return receipt
<br />i-equ ested, to Leader's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein_ Any
<br />notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. UntNa Deed of Trust; Govetuag taw; Severabflity. This form of deed of trust combines uniform covenants for national use and
<br />ttstt- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of
<br />Trust shall be governed by the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Deed of
<br />Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be
<br />given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared to be -severable.
<br />if. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or
<br />after recordation hereof.
<br />17. Traeafer of the Property; Assumption. if all or any pats of the Propem- or an interest therein is sold or transferred by Borrower
<br />without Lender's prior written consent, excluding (a) the creation of alien or encumbrance subordinate to this Deed of Trust, (b) the creation of
<br />a purcbase money security interest for household appliance_ . (c) a transfer by devise, descent or by operation of law upon the death of a joint
<br />tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option,
<br />declare all the sums secured by this Deed of Trust to be immediate$• due and payable. Lender shall have waived such option to accelerate if,
<br />prior to the sale or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreemennt in writing that the credit of
<br />such person is satisfactory to Leader and that the interest payable an the sums secured by this Deed of Trust shall be at such rate as Lender shall
<br />request. If Leader has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has executed a
<br />written assumption agreement accepted in writing by Lender, lender shall release Borrower from all obligations under this Deed of Trust and
<br />the Nate.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof.
<br />Such notice shall provide a period of not less than 30 days from the date the nonce is mailed within which BOrrnwer may pay the sums declared
<br />due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower,
<br />invoice any remedies permitted by paragraph 18 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />It. Acedef"on; Reaw". Except as provided in para`npb 17 hereof, upon Borrowers breach of any covenant or agreement of
<br />borrower in this treed of Trust, including the covenants to pay when doe any stems secured by this Deed of Trust, Leader prior to acceleration
<br />shall nail motet to Borrower as provided is paragraph 24 hereof specifying; (1) the breach; (2) The action required to care such breach, (3) a
<br />drat, ate lets Hsu A days tram the dw of notice is mailed to Borrower, by which such bract must be cured; and (4) that failure to care such
<br />bnneb as or bdeae He deft specified is the notice any refit in acceleration of the arms secured by this Deed of Trust and sak of the Property.
<br />The aoMee shall fayMr hform bortower of the tight to rehWtle after secderatiou tied the right to bring a cowl action to assert the mun-
<br />etidshew M a I 1 11 or a" a her defense of Burrower to accderation and sale. if the bract is not erred on or before the dote specified in the
<br />0114m. Le"w IN lender's optioa Bey declare all of the seen mewed by this Deed of Trust to be immediately due and payable wfrboot further
<br />dammed tied nay invoice the power of ask tend any other remedies permitted" applicable taw. leader shall be entitled to collect all reasonable
<br />reset and expemem harm fa pt ndut the remedies provided in ibis paragraph IS, including, but not Limited to, ressombie attorney's fees.
<br />H the power of tale Is invoked. Trustee Mail record a notice of default in each comfy is which the Property or some pmt thereof is located
<br />and shd ash copes of each notice is the manna prescribed by applicable low to Borrower tied to the other persons praeribed by applicable
<br />lent. Aftw Ho impe of carob the as may be required by applicable Devi, Trustee dmU give public notice of We to the person and in the ma imf
<br />I atl by 11 11 Ism. Trustee, without dated es Borrower. siW sW the Property at public arctMn to the big' - bidder nt the ttme
<br />and plane and wdw dw leeme desipseed Is the notice of Bak in one or mom pereek and Is such order as Trustee my defermine. Trustee may
<br />prrrpun Oak of 1111 sr MY pants of the Property by 0 anaoaaetmeat at the time Bad phsec of any ireviously scbtdokd safe. leader or
<br />Lender's doelpor may purchase We Property at may sale.
<br />Upset naaip/ of payment of fbe price bN. Teaske shall deliver to the purchaser Tromm's deed conveying for Property sold. The recitals in
<br />die Tram's flood *W be prime fade evwrocr of the truth of the statements made therein. Trustee shall apply the proceeds of the sak in for
<br />!win wdsr; 4a) is on rensonaI I casts sod eRpeasa of the sole. Including. but not limited lo, l rustre's fuse of not more than
<br />of She Watanabe price, reasonable shorary's fees Bad costs of tide rvidetwe; chi to m!1 sums seaweed by tits lkrd of Trait: and tc) the recess. it r 4 0
<br />any, to Ht person or persons ietay raddled thereto.
<br />It. borrower's SAW to Reiestw.'wi,>iwithstawing i cr:dcr v ac.r rau„n o! t,e ;umw r.at rill: h !tit Berl < i 7 1 u,,, Bo, r—er hai; hart
<br />!ho right to havr any pro -cxeduegs begun bi Vcndci tr. cmtt,rcr t' a bleed vo 1ns'i d;!.,:.,'IIM"Cd 11 tier . ;,,I x tt� hr ; " :;,er ' ni
<br />ftfth clay arf(m the kale n! star Prupcf,v ;'uf4uanr 7c the pa,wri >t wale r,�ri,ain d o; its•. !S*�ed 1.u,, , mlf, n
<br />- k ;;!,gn -, eat},, :..,g : us
<br />i.l col ?rata if ice) Fen) Ctwt'r rev ,...ssdll m.' �Ji N to'.Ch w „id h- ifuer_ :;,._ yr,.3!�r :his Deed =-P i r.. ..' c
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