-- 101330
<br />:his Reed of Trust immedia e:> —not :o :'ere dal. oi ,:.K.r_ .k : „ ',I: r..s e , ai,; h, i > er % nil-,mcaiately prior to the dace . .
<br />taking, with the balance of the proceeds pa;d m &rrrowe If the Property is abandoned by Borrower, or if, after". tice h.: ? e "der r;•, Borro wer that :he cordcmnm offers io make an award or sertle a
<br />kola for damages. Borrower fails to respond to Lender within 30 day: after the :ate such notice is mailed. Lender is authorized to collect and
<br />apply the proceeds, ar Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due
<br />date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of uch installments.
<br />10. "rowel Pion Ralwed. Extension of the time for payment or moc iftcat ion of amortization of the sums secured by this Deed of Trust
<br />granted by Lender to any successor in interest of Borrower shall not operate ee release, in any manner; the liability of the original Borrower and
<br />Borrower's successors in interest, lender 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 Borrower's successors in interest.
<br />11. Forbw»ce by Leander Not a Walver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shall not be a waiver of-or preclude She exercise of any such right OT remedy. The procurement of insurance or the payment of
<br />taxes 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 Trust.
<br />12. Remedies Connotative. All remedies provided in this Deed of Trust are distinct a.na cumulative to any other right or remedy under this
<br />Deed of Trust or afforded by lay: or equity, and may be exercised concurreity, independenily or successively.
<br />13. Successors and Asilgris Bound; Joint and Several liability; Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shall inure to, the -espective successors and assig=n of Lender and Borrower, subject to the provisions of paragraph 17
<br />hereof. All covenants and agreements of :narrower shall be joint and several. The captions and headings of the paragraphs of this teed of Trust
<br />are for convenience only and are not c, be used to interpret or aefine the p.rov; ;ions hereof.
<br />14. Nagler. Except for any nonce required under applicable law to be gs, ei-, r another manner, (a) any notice to Borrower provided for in
<br />this Deed of Trust shall he given by mailing suJ :h no ice l v ceni;led mail addresse`' to Borrower at the Property Address or at such other address
<br />as BerTCwe may designate by notice to Lender as provided herein, and IN am notice to Lender shall be given by certified mail, return receipt
<br />requested, to Lender's address stated cereir. or :o such other address aa. Lender ,lay designate by notice to Borrower as provided herein. Any
<br />notice provided for in this Deed of Trust shall be deemed io have been given to Borrower or Lender when given in the manner designated herein.
<br />23. Uniform Deed of Trust: Governing Law, Severability. This form of deed of trust combines uniform covenants for national use and
<br />non - uniform covenants with limited variations by urisdictior, to consu ^.ate a uniform security instrument covering real property. This Deed of
<br />Trust shall be governed by the law of the junsdict :on in which the Property- is Boated. In the event that any provision or clause of this Deed of
<br />Trost or the Note conllias with applicable )au, such conflict shall not affect other provisions of this Deed of f rust 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 deciared to be severable.
<br />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the "Mote and of this Deed of Trust at the time of execution or
<br />after recordation hereof.
<br />17. Ttaosfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred by Borrower
<br />without Lender's prior written consent, excluding (a) t"e creation of a lien or encumbrance subordinate to this need of -rust, (b) the creation of
<br />a purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a )cirir
<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 immed;•ateiy due and payable. Lender shall have waived such option to accelerate if,
<br />prior to the sale or transfer, Lender and the person lo whom the Property is to be sold car transferred reach agreement in writing that the credit of
<br />such person is satisfactory to Lender and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Lender shall
<br />request. If Lender 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 Note.
<br />If Lender exercises such option ;o accelerate, Lender shall mail Borrower noti::e of acceleration in accordance with paragraph 13 hereof.
<br />Such notice shall provide a period of not less than ;u days from the date the nonce ;ti :nailed wrhin which Borrower may pay the sums declared
<br />due. If Borrower fails to pay such sums prior ;o tire ekpirariuri of such period, Ixri her may, without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph 18 liereof.
<br />NON - UNIFORM COVEN.A.N-IS. Borrower and Lender further : ovenant and agree as follows:
<br />is. Acceleration; Remedies. £xcept as provided In paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Borrower is the Deed of Trutt, including the covenants to ,pay when due any sums secured by this Deed of ]'rust, Lender prior to acceleration
<br />shall and notice to Borrower as provided in paragraph 14 hereof specifying: Of the breach. (2) the action required to cure such breach: 13) a
<br />date, tort lea tbao 30 drys from the date of notice is euriled to Borrower, by which such breach must be cured; and (0) that failure to cure such
<br />In to on or before the dote specified in the notice may result in acceleration of the sums secured by this feed of Trust and sale of the Property.
<br />The notice shall further inform Borrower of the right to reiantate after aecekration and the right to bring a court action to sswt the non -
<br />eaistet,ee of a ddmW( or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the
<br />notice, Leader at Leuda's option may declare all of the sums secured by this Deed of Trust to be immediately due mad payable without further
<br />demand and any invoke tie power of sole and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable
<br />coats and expenses Incurred in pursuing the remedin provided In this paragraph 1$, Including, but not limited to, reasonable attorney's fen.
<br />If the power of sale is invoiced. Trustee shelf record a notice of default in each county in which the Property or some part thereof is located
<br />and sNb aigall copies of such notice in iftt "tanner prescribed by applicable few to Borrower and to the other persons prescribed by applicable
<br />law. After the lapse of mwh time as :may be required by applicable low. Trustee shall give public notice of sale to the persons and in the manner
<br />prescribed by applicabk law. ]teaxe, without demand on borrower, shall sell the Property at public auction to The highest bidder at the time
<br />and plate gad modes the term designated in the notice of ask in one or more parcels and in such order as Trustee may determine. Trustee may
<br />postpone sae of all at any parcel of The Property by public announcement at the time sod place of any previously scheduled sale. Lender or
<br />1,eader's d -1, may putriteue the Property at any sale.
<br />Upon recut of paymeal of the price bid. Trustee shall deliver to the purchaser Trustee's deed conveying the Prooperty sold. The rrcitah let
<br />the Trsnnee's deed *W he prima facie evidence of the truth of the statements made therein. ]'rostee shall apply the proceeds of the %ale in the a
<br />following order; ion to all regaso"Isk costs and expenses of the sail, including, but not limited to, Trustet's fees of not more than
<br />of lire grow salt prior, reasu"Isle attoraes's feet and costs lit it evidence; iris to all sums secured by this Deed of ] rust: and (c) the execs., if
<br />any, to tint person tw y4mas iegaBy entitled Iheetic
<br />ftv bofraawet is Right to Retastate. Noi h l e i i eo
<br />ht >lx.nI I h ,C an. �`i. 'p- ?Cp tl, s I , ,'... n .. .
<br />i
<br />,.r7S -, E'+ `NC t:'DPC ff}P �g 1f ;P t�...,. , t ,.•..11; al. ,_., rl:=
<br />-
<br />_.
<br />P
<br />
|