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101258`
<br />by this Deed of Trust immediately prior to the date of taking _cars tc the iai: market value of the Property immediately prior to the date of
<br />taking, with the balance of the proceeds paid to Borrower,
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or scale a
<br />claim for dmeges. Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and
<br />apply the proceeds, at Lender's option, tither to restoration at repair of the Property or to the sums secured by this Deed of Trust.
<br />UtskR Leodet and Borrower odterw'ise a;Vee in writing, any such application of proceeds to principal shall not extend or postpone the due
<br />daft of the mouddy WASHMents referred to in paragraphs I and 2 hereof or change the amount of such installments,
<br />W Do owes Not lAWeesed. Extension of the time for payment or modification of amortization of the sums soured by this Deed of Trust
<br />granted by Laakr to MY Asccessor in interest of Borrower shall not operate to release. in any manner, the liability of the original Borrower and
<br />Borrtsww's suer um in interest. Lender shall not be ragwred to commence proceedings against such successor or refuse to extend titur for
<br />jigui nt or othtwise modify amortization of the sums secured by this Dad of Trust by reason of any demand made by the original Borrower
<br />and Borrower's successes in interest.
<br />11. Forbmwmm b Lowder Note Waiver. Any forbesrance by Lender in exercising any right or remedy heratnder, or otherwise afforded
<br />by applicable law, shall. trot be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of
<br />taxes or other Bens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Dead of Trust.
<br />12. Rome" Camuletive. All remedies provided in this Dad of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of Trust or afforded bylaw or equity, and may be exercised aoncurrrmly, independently or successively.
<br />13. 9nexomats sod Assigns Bound; Jades and Several 11obibty; Captions. The covenants and agreements herein contained shall bind, and
<br />the tights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17
<br />hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust
<br />are for convenience only and art: not to be used to interpret or define the provisions hereof.
<br />14. Notice, Except for any notice required render applicable law to be given 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 ter Borrower at the Property Address or at such other address
<br />as Borrower may designate by notice to Leader as provided herein, and (b} any notice to Lender shall be given by certified mail., return receipt
<br />requested, to Lender's address stated herein Or Lo 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. Unilurm Deed of Trust; Governing Law; Severabilky. This form of deed of trust combines uniform covenants for national use and
<br />non - uniform covenants with limited vanations by jurisdiction to constitute a uniform security instrument covering real property. This Dad 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 />Trost or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Decd of Trust or the Note which can be
<br />given effect without the conflicting provision, and w this end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />li. 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 />11. TransM of the Propem -, Assumption, If all or any part of the Property or an interest therein is sold or transferred by BorTOwer
<br />without Lender's prior written consent, excluding (a) the creation of a Lien or encumbrance subordinate to this Deed of Trust, (b) the creation of
<br />a purchase money security interest for household a;rpiiances, (c) a transfer by devise, descent or by operation of law upon the death of a ioint
<br />tenant or (d) the grunt 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 immediately 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 agreement in writing that the credit e f
<br />such person is satisfactory to Lender and that the interest payable On the sums secured by this Dad 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 Dad of Trust and
<br />the Nee.
<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 notice is mailcd within which Borrower 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 />invoke any remedies permitted by paragraph 13 hereof.
<br />NON- UNIFORM COVENANTS. Borrower and Lender farther covenant and agree as follows:
<br />19. Acceleration; Remedies. Facept as provided in paragraph it hereof, Upon Borrower's brtaek of any ctrvernt or agreement of
<br />Bonwwer M this Deed of Trust, tnndtrdlq the covenants to pay when due my suss secured by this Deed of Trot. Lgder Pd w to octelaation
<br />$hsi sail notice to Borrower ns'rwided in gsrap•Upb 14 bereof specifying: (1) the breUdt; (2) the actim regmbvd to curt such breach; (3) a
<br />dote. sot Ina Iha 3g drys from the date of notice is miled to Borrower, by wW& seek breaci ssust be eared: and (4) that tuba a to care such
<br />breaeh a or before the dale specified in the notice tasty rpdt is necekviso s of the same new by this Deed of Tram and ode of the Property.
<br />The own aW [nrtlror idol Borrower of the tight to remeate an" accddati" sad the right to bring a court action to smut the moe-
<br />OxiONoe of a I 1 11 or an odwr defense of Borrower to accelerative and tie. If the Meech Is ow cured an or before the date spocifled is the
<br />ate-- Leader at Lender's opitkn Roy declare IN of the sent secured by this Deed of Trent to be immediately due and payable wftboat furtber
<br />dew nd sod erg invoke the power of ale sod any otter remedies per�kd by agynble low. lRader shall be eaNtiN to collect d reasensble
<br />e wle nd cXP t lacarre ' ie pwodna the rewedim provided m tats patagnpi 1g, itso htdi ft hat sW Ifu ksd to, rensomAk attorney's few.
<br />If the Amer of sale in Invoked. Trustee shoo record a notice of default is tack wormy M wb" the Property or some port
<br />end shah salt copies of such nodor in the maser pnmcr*ed by applicable law to Borrower and to ibe other thereof k located
<br />pennons prescribed by eppbcaik
<br />low. After do Paper of such dw es my be reyulnd by appbcAk law. Trustee shall give pmbbe notice of ale to the persons and in the Manner
<br />I I o I by agreahk low. Truism wilhow demnd on Borrower, A" seb the Property art paWk section to the highest bidder at tie time
<br />tied place and under the term dedgeo d in the entice of sale is are or more Pw=b end in garb order R Trustee May desermiac. Trustee may
<br />"Opens side of d or any pared of tie Property by ptsbbe aoneancemen at the rise tad piece of say prtvkm* scheiakd ak. Lender or
<br />Iwader's imlpm my porcine the Pnperty ot my suds.
<br />UPON If of /nymost of Ns peke bid. Trome char deWw to the parch"" Trustee's deed conveying the Property soid. The mckak ice
<br />Me Trailer's dod shaft be print fade evidence of the troth of the matemcsts amide tbtrein. Turret sbd apply the prom& of the sak in the
<br />toBowing order U1 m tit uraaasaile roots ad expeares of tic sale, dada ding, but not itsttrd to. Trwtee's fees of not more sham - - - -- 3 .___..-of,
<br />01 0010 Vora slo pine, is 111"k Aherne }'o feces and costs of titre evkkwr; tbf to aN sums secured by tile Dead of Trust.. and (cf the eaceft, it
<br />say. to ties , of peetoso loom) end" tbervto.
<br />H, Borrower's Mom toReisoteh. Notwitf, tanditt(L i_r_^der's a,%6crd,<,n of the,urttt ?nurra by IN, DMI <,! ru%!. W,rrome: shali hd%,
<br />she right to have any pro.ceedrngs txKurt by I cu :sites t rcr J11, tared , 'l I •usi die c,nrtnuN at and titstc t,r.s„ ;,: ;ltr ear!.r. i , .lout ,.t 40
<br />fifth day L+ ote'.he ,%ale of the Prorwr1, twrkuxni to !hc pt! r? .,l lair::oatarr rd in thL latest L. 1 i? ;eel +.,r ;.io r 4, +zranF tin,
<br />li.*ed of Treat it tai 1k'rrtcrrcx pay -; I uAttr ati Sara, wth0e a id `r il'r., dat ,.ro.dta ;h�, lacer
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