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86--►' x,934
<br />by this Deed of Trost immediately prior to the date of taking &cars t.> the fast market value of the Property imr iediateiy firior'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 settle a
<br />claim for damyp, 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 prooveds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Dosed of Trust.
<br />Unties Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due
<br />daft of the monthly Installments referred to in paragraphs t and 2 hereof or change the amount of such installments.
<br />14L burrower Not Reh moL Extension of the tune for payment or modification of amortization of the sums secured by this Deed of Trust
<br />gruTted by Leader to any successor in tnttrest Of Borrower shall not operate to release. in any manner. the liability of the original Borrower and
<br />borrower's sucicesson in interest. Lender shat! not be required to commence proceedings against such successor or refuse to extend time for
<br />payment or otberwiw 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. Farbsanna by leader Not a Waiver. Any forbearance by Lender in exercising any ;iglu 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 insurance or the payment of
<br />taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accclera,,� the maturity of the indebtedness secured by this
<br />Deed of Tryst.
<br />IL Rome" Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Doted of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively.
<br />13. Successors and Assipr Boned; Joint and Several Liability: Captions. 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. Ali covenants and agreements of Burrower shall be joint and several. The captions and headings of the paragraphs of this hied of Trust
<br />are for convenience only and are not Io be used to interpret or define the provisions he:cof.
<br />14. Notim. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in
<br />this Deem of Trust shall be given by mailing such notice by certified mail addressed u; Borrower at the Property Address or at such other address
<br />as Borrower may designate by 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 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. Utdform Dud of Trust; Governing Law; Severablrty. This form of deed of trust combines uniform covenants for national use and
<br />non- 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 Iced 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; Assasption. 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) the creation of a lien or encumbrance subordinate to this Deed of Trust. (b) the creation of
<br />a purchase motley security interest for household appliances, (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 leasebold 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 feed 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 i he Property is to be v,lv or transferred reach agreement in writing that the credit of
<br />such person is satisfactory to Lender and that the antiriot payable on the gums secured by this Deed of Trust shall be at such rate as Lender shall
<br />request. If Lender has waived the option to acccieratc 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 to accelerate, Lender shall main Borrower notice of axeleration in accordance with paragraph 14 hereof.
<br />Such notice shall provide a period of not less than ±C) days from the date the notice rs mailed 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 18 hereof,
<br />NON - UNIFORM COVENANT'S. Borrower and Lender further covenant and agree as follows:
<br />1g. Acceleration; Remilles. Fseept as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Borrower is this Dui of Trust, becladirtg The covenants to pay when dote any suer secured by this Deed of Trust, Lender prior to acceleration
<br />star wr cod" to Borrower as provided in paragraph 14 hereof specifying: (t) the breach; (2) the action required to care such breach; (3) a
<br />date, nor Mae that 30 days frog the date of notice is tripled to Borrower. by which such breach must be cared; sod (4) that failure to care such
<br />breach au or before the date specified In the notice may result is acceleration of the sum secured by This Deed of Trust and sak of the Property.
<br />The rat.,* SW fWtbo infers Borrower of the right to reaaotate after acceleration and the right to brig a court action to now" the non -
<br />c dares of a dehrnit or any other fie /erase of Borrower to acceleration and sale. if the breach M not cured on or before the date specified In the
<br />f e der, Leader of Leader's option arty declare all of the sues secured by this Deed of Trust to be Immediately due sad payable without further
<br />demand and tray lavolte the power of sale noel any other retnedie's permitted by applicable law. Leader shall be entitled to collect all reasonable
<br />Caste and sxpee m Imes red la pt" ing the remedies provided to this paragraph 18, including, bat not rotted to. reasonable attorstey's fees.
<br />if tha paver et sole Is Invoked, Trustee WON record a notice of default in each county in which the Property or some part thereof is located
<br />and W" nap copies of stteclt notice is the a saner prescribed by applicable low to Borrower and to [be otter persons prescribed by applicable
<br />few. Affair the Japan of such tine as may be required by applicable law. Trustee shall give public notlee of sale TO the penoa and In the wanner
<br />low-lb ad by applicable law. Treslae, without desnud on borrower, shall sell the Property of public suction to the highest bidder at the tiros
<br />cod pinet and under the fermi daslgaakd In the sotke of oak to out or more parcels and in sack order as Truster may deferadue. Trustee may
<br />paNpoue fink of a6 or all porvel of the Prop" by public ameoaaeesseat at the time std piece of any previously scheduled ode. leader or
<br />teaMr's ded/re rT t>eecelum the Property at any sele.
<br />Upon rordpt of paymnt of at prfee bid, inartee 0" deliver to the purchaser Irniee's deed conveying Ilse Properly sold. i" Mitais In
<br />L Me TTyatre's dead shall be prlim tack evidence the trait of the stntereents made there ia. Trustee shall apply the pro%erds of The sate in the
<br />fetBawfetg arch: (a) to tell reame"k costs and eittirmes of the stir, including. but out Dialled to, Trustee's fees of raw more Than __ I_- _ , ",
<br />of the grit; salt price. remonabk anorary*s fees mod costs of title rvidence: obi to pit suet% secored by ibis Deed of Trust; and (c) the exce%%, if
<br />awy, la rte pursues err persons Mgary entitled thereto,
<br />t'1. fwerowet's KIelq to Relate. "<[rt,r iefietarrc4tn¢g [.antic;', �rrela•at,ar; .:zI .be arena sec cued by ttv, ikrcai ,t Tru,t, Rot owcr .tali t!a,c
<br />the right to have any tx+?crcd!nµs !>aryt'tr, :y 1 emc: to ru0.n,r aim, tercel rat T rtw J,tiw nuc,'. is, an,. ,irnr Drn:"t 'hc carter t -, tt
<br />illth day i,efart the uik 1? the t iopr. -!v , ufat,aur rt, the pt,wrr rat . ei, , ,vniwoni ,!, ;ht, Drri Of t • t.; , tI n!tn „ i
<br />1,iefts ,)f triju if tae tk.*rk !,err t,sit S rr,wr, a„ wht..at —ziIJ ! _ N cr, Jut tit,dc! .hie t)-10 ^t 'r, ..,: a•.c'
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