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102172
<br />by this Deed of Trust immediately pre, ti) the date of ;k;vl ,.. aii :na *net „tiue of thc• P wPA-Yty immediately prior io the dare of
<br />taking, with the balance of the proceeds paid m Borrower.
<br />If the Property is abandoned by Borrower, or if, after notice by L 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 ro 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 prcceeds 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 />19. Borrower Not Released. Extension of the time for payment or mudificarion 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. 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 o.` Trust by reason of any demand made by the original Borrower
<br />and Borrower's successors in interest.
<br />I1. Forbearance by Lender Not a Raver. Any fnrbearancc by Lender i:: c erc,sing :Iiip 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 rer,;eds Tier procurement of insurance or the payment of
<br />taxes or other liens or charges by Lender shall not be a waiver of L.ender's right tai .cceleratc the -maturity of the indebtedness secured by this
<br />Deed of Trust.
<br />12. Resedtes Cumulative. All remedies provided in this I)eed of Trust are distinct acrd cumularIve to any other right or remedy under this
<br />Deed of Trust or afforded by law or equity, and may be exercised concurren!,, independently or successiveiv.
<br />13. Successors and Assigns Bound; Joint and Several Liablllty: Captions, The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shall inure to the respective successors and assigns of Ler•!t -r Borrower, subiiw io the provisions of paragraph 17
<br />hereof. All covenants and agreements of Borrower shall be ioint and several The c: options and headings o f t he paragraphs of this Deed of Trust
<br />are for convenience only and are not t. :�e used to interpret or dt:fine the pre, ieior :s !iercof.
<br />14. Notice. Except for any notice required under apphca ;v -le law to be g! ::ii ,r, a,tother manner, (a) znv notice to Borrower provided for in
<br />this Deed of Trust shall be given by mailing such notice by Cert±fied mail addressed Lo Borrower at the Property Address or at such other address
<br />as Borrower may designate by notice io Lrndcr as provided hcreiu, and (b) am notice Lo Lender shalt be given by certified mail, return receipt
<br />requested, to Lender's address stated herein or to such other address as Lender [ tai designate by notice to Borrower as provided herein. Any
<br />notice provided for in this Deed of Trust shall he deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. 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 jurisdiction to constitute a uniform security instrument covering real property. This Deed of
<br />Trust shall be governed by the Law of the iurisdb.aion In which time Property is located. Iit the event that any provision or clause of this Deed of
<br />Trust or the Note conflicts with applicable law. -ch conffici shall riot affect other provisions of this Deed of Trust or the Note which can be
<br />given effect without the conflicting pmvrsrun, and to :!-,is end the provisions of the Decd of Trust and the Note are declared to be severable,
<br />16. Borrower's Copy. Borrower shrill be ^,.r ;r: shed a conformed copy oaf 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. It all or any part of 'he Pmperry or an interest therein is sold or transferred by Borrower
<br />without Lender's prior written consent, exc!udsroy i ao the creation: of a lies: or e,;curnhrance subordinate to this Deed of Trust, (b) the creation of
<br />a purchase money security interest for hnosettoLi aripfiances, tci a %ansicr by ievise. descent or by operation of law upon the death of a joint
<br />tenant or (d) the grant of any leasehold interest of throe Near,, or less riot c,mi.iining an option to purchase. Lender may, at Lender's option,
<br />declare all the sums secured by this Deed of Trus: to be im ivied rare!v due and payable. Lender shall have waived such option to accelerate if,
<br />prior to the sale or transfer, Lender and the Per son ui "win ;lie P: operty is to !,e so!d or transferred reach agreement in writing that the credit of
<br />such person is salisfactory to Lender and that ,rte =.n ;ere -st payable on the �ums,e ure t r+y This Deed of Trust shall be at such rate as Lender shall
<br />request. if Lender has waived the option m acrci«rate irfos,ded in this paragraph 17, and if Borrower's successor in interest has executed a
<br />written assumption agreement accepted in w nt!t,g by i ,_nder, Lender ,hat? release Borrower from all obligations under this Deed of Trust and
<br />the !vote.
<br />If Lender exercises such option to aeceleraic, Lender shall matt Borrower notice of acceleration in accordance with paragraph 14 hereof.
<br />Such notice shall provide a periou of riot less dum 0 days iron: ,he ease the roue i, marled within which Borrower may pay the sums declared
<br />due. if Borrower fails to pay such sums pnirr [fie expuarioo of suJi period. Lender may, without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph ; � herrvi
<br />NON- UNIFORM COVENANT'S. Borrower rid Lender further covenant and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement, of
<br />Borrower in this Deed of Trust, including the covenants to pay when due anv sums secured by this Deed of I rust, Lender prior to acceleration
<br />shall malt notice to Borrower as provided in Paragraph 14 hereof specityinK: tt) the breach; (2) the action required to cure such breach; (3) a
<br />dote, not leas than 30 days from the dale of notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such
<br />breach on or before the date specified In the notice may result in acceleration of the sums secured by this Deed of 'Trust and sale the Properly.
<br />of
<br />The notice &twit further inform Burrower of the right to reinstate after acceleration and the right to bring a court to
<br />action assert the nun•
<br />existence of a default tar any other defense of Borrower to acceleration and sale, if the breach Is not cured on or before the dale specified in tine
<br />notice, lender at Leader's option may declare all of the sums secured by this Deed of 'Trust to be immediately due and payable without further
<br />demand and may invoke the power of sale and any other remedies permitted by applicable law. lender shall be entitled to collettt all reasonable
<br />coats sod expenses Incurred In pursuing the remedies provided In ibis paragraph 18, Including, but not limited to, reasonable attorney's fees,
<br />If the power of sale Is Invoked, 'Trustee shall record a notice of default In each county In which the Properly or some part thereof is treated
<br />and shat" tail copies of such notice in the manner prescribed by applicable law to Borrower and to the Other persons prescribed by applicable
<br />law. After the lapse of such that as may be required by applicable law, Truster shall give public notice of sale to the persons and in the manner
<br />prescribed by applicable low. Trustee, without demand oa Borrower, shall sell the Property at public auction to the highest bidder
<br />al tht lime-
<br />Bud place mad under the term designated in the notice of sale In one or more parcels and In such order as Trustee may determine. Irustec mat
<br />postpone sale of ON or any parcel of the Property by public announcement ill the time and place of any previously scheduled sale. Lender
<br />, >r
<br />Lender's dealgnw may purchase the Property at any sale.
<br />Upon receipt of payment of the prke bid, "I rustee shall deliver to the purchaser "Iruslet's deed conveying the Pro pray .Ofd. The recitals in
<br />^�F
<br />the Trustee's deed shall he prima farce evidence of the truth of the statements made !herein. Trustee shall alrply the pnoveeds of the sale to tilt
<br />fuWwint order: tai to
<br />!
<br />all reasonable cosr+and e'tPen,," of tike sale, including, brut not limited to. Trustee's fees of not more than
<br />of the gross sale price, reasonable attorney's fees and a casts of title ev ides e, i hi tat all sinns secured by this heed of I rust; and tot the ewes,, it
<br />any. to the person or persons legaily entitled thereto.n
<br />t9. Horrower', kighl to keaWlife. 'vc i . ,h , -.;lm ,h , tic is r 1 it, •
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<br />the right it, ha ,v 'A.), p' .olrrt = t�c�,an ! , ,.:,e. ., . _.., it,. ,.0 ,.. I , ,•
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<br />!tit., tar n,r'a r br •..ail a ,. .., ,.,, .,
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