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86-- 101656
<br />by this Deed of Trust immediately p rioT !o the .laic :.f taki-!5 t,. !air ,-nari.et value of tnc Puorieny immediately, prior m the date of
<br />taking, with the balance of the pr scee& paid to Borrower.
<br />If the Property is abandontd by Borrower, or if, after notice by Lender to Rorrowcr 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 of to the sums secured by this Deed of Trust.
<br />Unless tender and Borrower otherwise agree in writing, anv 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 such installments.
<br />10. Borrower Not Released. Extension of the time for payment or midi F,ation 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 release, in any manner, the liability of the original Borrower and
<br />Borrower's successors in interest. !.ender, 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 cat any demand made by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Forbearance by header Not a Waiver. Any forbearance by Lcncier t❑ c.scrc: ing any rigiu of remedy hereunder, or otherwise afforded
<br />by applicable law, shall not be a warvcr of or preclude the excr-ise of any svch : ;gttt on rcmed�. l'hc procurement of insurance or the payment eat
<br />taxes or other liens or charges by I.ender shall not Lc a waiver of Lender's righT to acxicrate the maturity of (tic indebtedness secured by ,fits
<br />Deed of Trust.
<br />12. Remodfea Cumulative. All remedies provided in this Deed of Trust are disincr and iumulitfivc to any other right or remedy under this
<br />Deed of Trust or afforded by taw or equity. ana inay be exercised concurrently, independently or successively.
<br />13. Sucetmon atnd Asaiads Bound; Joint and Several Dabitlty; (.'options. The - .covenant; and agreements hercin, contained shall bind, and
<br />the rights hereunder shelf inure ro, the rc,pective .a' :rsnrs and asst,;:;• of Lernjer and lkwiowcr. suhject to the provisions of paragraph 17
<br />hereof. All covenants and agreements .,: tor: over shall be join! and sr •al. The captions_ and heading; of the paragraphs of this Deed of Trust
<br />are for convenience only and are net t,,l t to into. pre: r,r dcfin c the provi•r-: s !` ;crcof.
<br />14. Notice. Except for any rot;cc rc_,wred under eppiu abic iaw to on gr',m ui :,nother ruarner• iw any notice to Borrower provided for in
<br />this Deed of Trust shall be given h,, ... ;brio :: h notice by :e ttf'eci mai! rd csscd Burrower at the Property Address or at such other address
<br />as Borrower may designate Cy once. to i. rider as p !o- cled he.eni, and ft + n} nt ''c e o I,ensler ,hall be given by certified mail, return re=ceipt
<br />requested, to Lender's address stated ;erein or a, other address e. -. i ender may :_e ig;iate b} novice to Borrower as provided herein. Any
<br />nonce provided for in this Deed of T, JK: shah *c deemed ao have teen g:•:cn to Bw-owci oc lender when given in the manner designated herein.
<br />15. Uniform Deed of Trust. Governink Law: everability. j "ter '.orrn of deed! of ;rust combine, uniform covenants for national use and
<br />non - uniform covenants with hmited -.ariaticats by ,ursdiclion to ._,nstuuic a un!roini sc<urity !nstnrment covering real property. This L)ced of
<br />Trust shall be governed by the law of the ;ur.sdic!;•in in which !hc Property ;s Ic>Lafed. In mt event that ans provision or clause of this Decd of
<br />Trust or the Note conflicts wmn capp)icabic iaw, such .,inflict shall no: of feet ;the: nrnv s :i?ns of this i :hied of Trust or the Note which can be
<br />given effect without the conflicting pre:, ision. and t,: ihu cod :he !hr Deco of 1 ?use and the Note are declared to be severable.
<br />Ib, Borrower's Copy. Bo r ewer 'ball be lu. u,ncd a eont,,r:ncd r, r,r t. 'vr,;c ;;rid of this Dced of T ru.s! at the time of execution or
<br />after recordation hereof.
<br />17. Transfer of the Properly; Assumption. It ell or any !,ao :•r _tr PT:,perty or an mierrsi therein is >old or transferred by Borrower
<br />without Lender's prior writtt . onsent. excluding tee) tric crew ..n i; a n :. .°nc :rmbrance ,uhordiriate to rho Deed of T rus ;. ib) the creation of
<br />it purchase money security mt ,,cii ' r heuschold appliances, ice a !,s ,!cease, descent or by operauon .,t law upon the death of a joint .
<br />tenant or (dl the grant of any Ieasthoia +tner_�t :d !l;rce ear o,), an option to purchase. Vender may, at Lender option.
<br />declare all the sums secured by this Deed :,t Trust to he :rPrnedlaicly •an_ and pa } : ;h1e l ender shall have waived such ,-,ption ui acceieiate
<br />prior to the salc or transfer, Lender and t,ie , r. !1. 4 - ,
<br />�iopl !! t . en y t,; fur : ran,letred :reel: agreement in writing that the i_-:can Ot
<br />such person is satisfactory to Lori dcr an, !hilt pay.tnic on itic ,tin's se: .t r: h; !,.,s Decd of T ru! shall tie at such raid as Lender shall
<br />request. If [.ender has waived the option elr c i tin; l d m .at ! aturaph I-, „reel ;t Norrowcr' : :,uc :cssor in interest has executed a
<br />written assumption agreement accepted :n s, u!nF. b, i.cc•det, i_cndc•r .hail :clea- Borrower room all ob;igutions under this Deed of Trust and
<br />the Note.
<br />If Lender exercises such option ;, :ciera :c. Lender •,hail maii florower 11 -ti- „ of a_:elet,tnun in ac :ordance with paragraph 14 hcTeof.
<br />Such notice shall provide a period of no! its th,:- xU -,.is r. :,n..i,. jai,.t he eJ ti suh.rt ''itch Bcuniwer mac pa} the sums declared
<br />due. if Borrower fails to pay such sums , r ti,e r.%piration of •.uch ;,en—J, ! t ice : ;a;, "Itnout !,:nher none: of demand oa Borrowei,
<br />invoke any remedies perrtrared by p aragtapl, : s nee
<br />NON - UNIFORM CON, ENANTS horn.,,tr and I ender tuwier:oyrenn• and aiirce., -. tolIoA,
<br />IS. .4crekratloen Remedies. Except its provided in paragraph 1' hernif, upon Borrower's breach of any covenant or agreement of
<br />Borrower in this lked of Trust, lacludinit the covenants to pay when due ans •ums secured by this lked of I rust, Lender prior to acceleration
<br />'hail mail notice to Borrower as provided in paragraph 14 hereof specifying: t t) the breach; (2), the action required to care such breach; t3) a
<br />date, not lead than 30 days from the date of notice is mailed to Borrower, by which such breach must be cured: and 14) that failure to cure such
<br />breach on or before the date specified in the notice mail result In acceleration of the sutras secured by this I" of Trust and sale of the Property.
<br />The mike suet further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the min-
<br />existence of a defradi or any other defeaw of Borrower to acceleration and ,ark. If the breach is not cured on ur before the date specified in the
<br />notice. Under at Ixndei s option may declare all of the vums .secured by this Decd of 1 -rust to be Immediately due and payable without further
<br />demand and may invoke the power 0 wk and say other remedies permitted by applicable law. Leader .hall be entitled to collect all reasonable
<br />cosy triad expe udis incurred In pursuing the remedies provided In this paragraph 18, including, but not limited to, reasonable stlornes's fees.
<br />If The power of seek Ls Invoked, trustee shall record a notice of default In each county in which the Property or some part there of Is located
<br />and shah maN copies of such notice in The manner prescribed b1 applicable law to Borrower and to the other persons prescribed by applicable
<br />lase. Attar the Impart of such aloe as may be required by applicable law. Trusire sball give public notice of seek to the pervons and in the manner
<br />prescribed by applicable law. Trustee, wtaltout demand on Borrower, shall yell the Property at public auction to the highest bidder at the time
<br />aM /later dead under the tetras desiaealed in the Still" of sale in one or more parcels and in such order m Trustee mas determine. Trustee logy
<br />peatpode seek of ON or day pore of the Property by public announcement of the time and place of any preyiousty whettuled sale. Lender ear
<br />tooder %dealgoor may purrhade the Property eat any sale.
<br />Upon receipt of iNyment of the price bid. Irusire %hall deliver to the purchsser I'ntstre's deed r,otor4inr the Property sold. the recital. in
<br />L the Inaltee's decd shah be prima fac•k eyhktr, a art the truth of the statements made therein. Truster .bail apply the prn•rrth of the suit in the
<br />ftrNawiwa order: tat In all reaeuaabk coats and rtpensrs eat the .die, lnthst ing. but oof honied tea, i rust"'. tees of not more Than
<br />of The are" sak pare. reavaaalsk auorsrv's fees and Coyly of title eytdrn, c. ,h) to sit seams secured to this Deed of I rust: And at! the rvcrss. if
<br />doe, to the prn" ear pehoM kaalt} entitled therein.
<br />Lot
<br />14 [ltmrrwer's Right to iltltnstut ;'_ n,, I •; o ear ..,,.. ;.t t,,,_; „ -
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