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86--- 101�F
<br />by this Deed of Trust immediately prior to the .late erf raking bears to :f,e fair ;r.a let value of the Prnp m immediately prior to the date of
<br />taking, with the balance of the proceeds paid f o iorrower.
<br />If the Property is abandoned by Borrower, or if, after notice by I ender to Borrower that the condemnor offers to make an award or settle a
<br />claim for damages, 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, 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 i and 2 hereof or change the amount of such installments.
<br />1 ®• Dartower Not Related. Extension of the time for payment or modification 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 to - cleasr, to 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 />laaynxm or otherwise modify amortization of the sums soured by this Deed of Trust be reason of any demand made by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Forbearance by Leader Not ■ Waiver. Any forbearance by '.ender in exe rc.: ;t.-.g ;. „ 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 reniedy. The procurement of insurance or the payment of
<br />taxes or other liens or charges by Lender shall not he a waiver of Lender's right to accelerate ,de maturity of the indebtedness secured by :his
<br />Deed of Trust.
<br />12. Remedles Cataalative, All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Dad of Tres! or afforded bylaw or equity, and may be exercised roncurrentiv, independently or successively.
<br />13• Succemot•s and Assigns Bound; Joint and Several Liability; Caption's. The covenartts and agreements herein contained shall bind, and
<br />the rights hereunder shall inure to, the .especrile successors and assigns of i_crde: and Borrower, subject to the provisions of paragraph I'
<br />hereof. All covenants and agreements of Bor rcwcr shall be foirt and several. The captions and headings of the paragraphs of this Deed of Trust
<br />are for oonvetience only and are not to he used to interpret or refine the pT,,N-:s;.
<br />oils ;erect.
<br />14. Notice, Except for any notice required under applicable law to be gtsett in another manner, ±a) an notice to Borrower provided for in
<br />this Deed of Trust shall be given by mailing such nati %e by certified mail address::;::;: Borrower at the'Property Address or at such other address
<br />as Borrower may designate tv notice to Lender 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 to such other address as tender may designate by notice to Borrower as provided herein. Any
<br />notice provided for in this Deed of Trust shall be deemed to have neon given to Borrower or Lender when given in the manner designated herein.
<br />1S. Ltniforta Deed of Trust; Governing l.aw; 4evembility. This form of deed of trust combines uniform covenants for national use and
<br />non - uniform covenants with limited variation's by iuri. iction rn constitute a uniform security iastruntent covering real properly. This Deed of
<br />Trust shall be governed by the law of the jurisdiction in w;t�ich the Property is located. In the event that any provision or clause of this Deed of
<br />Trust or the Note conflicts with applicable saw, such conflict shall not after; 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 />16. 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. Transfer of the Property; Assumption. !f all or any part of the Prot;crty or an interest therein is sold or transferred 1'v Borrower
<br />without Lender's prior written consent, excluding !a) the creation of a lien or encumbrance subordinate to this Deed o': Trust, (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 :pint
<br />tenant or (d) the grant of any leasehold interest of three rears or iess not containing an option to purchase, Lender may. at Lender's option,
<br />deciare all the sums secured by this Deed of Trust to be immediately due and pa }able. Lender shall have waived such option to accelerate if,
<br />prior to the sale or transfer. Lender and the person. n; whom the Property is to be s..Id or transferred reach agreement in writing that the crrdit of
<br />such person is satistaeton u, Lender and that the ,r,tc•rest payable or. the sums secured r_y this Deed of Trust shall be at such rate as Lender shall
<br />request. If Lender has waived the option to accei :'a :e pro, ided in this paragraph 17. and if Borrower's successor in interest has executed a
<br />written assumption agreement accepted to ,vrning try i enter. Lender shali relea,c Borrower from all obligations under ibis Deed of Trust and
<br />the Note.
<br />If Lender exercises such option to acceierarr. L—o er shad rnaii Borrower notice of acceleration in accordance with paragraph 14 hereof.
<br />Such notice shall provide a period of not less ihar, aft ,ii.vs ;run: the date the notice i, marled within which Borrower may pav the sums declared
<br />due. If Borrower fails to pay such sums prior tc the ev;p iratior of such period, Lender may, •without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph i 8 hereof
<br />NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />13. Acceleration; Remedies. Except as provided in paragroph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Borrower in ibis Deed of Trust, including the covenants to pay when due any sums secured by this feed of Trust, Leader prior to acceleration
<br />sball saidl nolke to Borrower as provided in paragraph 14 bereof specityinR: ( 1) the breach; (2) the action required to cure such breach, a
<br />daft, not less than 30 days from the dale of notice is mailed to Borrower, by which such breach must be cured; and 141 that failure to cure such
<br />breach on or before the dale specified in the notice may result in acceleration if the sums secured by ibis Deed of Trust and sale of the Property.
<br />The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to amen the non -
<br />exkkace Of a default 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, mender N Leader's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further
<br />demmW and may invoice the power of sale and any other remedies permitted by applicabk law. Lender shall be entitled to collect all reasonable
<br />satins and etpeases lscarred in pursuing the remedies provided in this paragraph 18. including, but not limited to, reasonable attorney's fees.
<br />If the power of sale is invoiced, i rustee shall record a notice of default in each county in which the Property or some part thereof is located
<br />sad 56111111 IMA Copies of such notice in the manner prescribed by applicable law 10 Borrower and to the other Persons presciihed M applicable
<br />low. After the fapae of suck time as rtes;, be required by applicable law. Trustee shall give public notice of sak to the persons and in (be manner
<br />Preatrfbed by app6eable law. Trustee, without demand on Borrower, shall sell 'be Property at public auction to the highest bidder at the time
<br />sad Knee mad model the terms designated to the notice of sale to one or more parcels and in such order as Trustee may determine. Trustee may
<br />f+oagOne tale of all or nay parcel of the Property by public announcement at the time and piece of any previously scheduled sale. Lender or
<br />Leader's elesignee any purchase the Property at may sale.
<br />Up" rexeipt of Payme l of tie 4V
<br />peke Mel, Trustee shall deriver to the purchase, 'trustee's deed t•onvecink the Property sold. The rccitah in
<br />the Tru"W's deed shah be prima ratite evidence of the truth of the statements made therein. "trustee shall apPh the proceeds of the .ale in the
<br />Following Order: tat ter aM reasonabk costs and extteares of the sek, ancfudinR, 'rut not limited to, 'f rustee's fees of not more than „ ct
<br />of the grow male price, reasonable attorney's fees and costs of title evldvncr; rho to Klt ,umk secured by this !)peel of 7Tukt; and lei the excess, if
<br />i tifi
<br />ny,1O the petaon rx PMOKX legally entltfed lberetn
<br />14. ({Orruwer s Right to ileraslate 4ta ;w� f tar 9 k i tr ! Ire u • „ : _ �
<br />he r ighl !a have .4 n I, pr*v erc:ingt IN r r.•_ t h :% I i
<br />fifth .era , he t =+ ; :r: ti r,e cr -f t r. !;v f .. a r -,. r
<br />ihe,. ( 3xf is �a list iaer :�a -• I .... ., , _... +I n . _ c ..... . ,.. arc•_i i, _,
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