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86- 102210
<br />r - 9. f ondem not ma its, 1,.,. . .1. r.. Ara I,•, I., m -I. t,L�. 1• ........ oil n .;.nI ,r :!inn with ""
<br />I nndcmnatwo fir other s rktnq rat the Pat; -:its, of pate thereof. ,,t �,I. , lien oodcinnalnsn, are hetehy a%,.gnr,l
<br />and shall he paid to I ender
<br />In the event .d i Intal taking cif the Property, rhr pr„&n•d. &hall is .,ppl.,• %I the .inns sccw,d I•, the% Ocoil ,d T rust
<br />with the excess. If any, part) to Borrower In the event tit a junta( laln,g the Property, unlea. Borrower and 1 ender
<br />otherwise agree in writing, there shall be applied n, the sums set ured by rfas I nerd „f I rum surh , uopornon of the proceeds
<br />av is equal to that proportion which the amount of the sums seruled by rho% Is, c•I of I ,uti poor to the date of
<br />taking hear to the fair market value of the Property immediately prior to the dme of !along. with Ihr balance of the lumeed,
<br />Paid to Anrrower
<br />If the r'•, p•rls i•nndnncd list non r, „rI. t,, ,I Air, nofnc by 1 r I, r !„ IL•run.., +h n Ili, ,.vn,lrnnn•, offer. In mnkr
<br />ern .Iward I,$ &cilk ., , Linn for Jan +a gr. ll, iowc•, t.,.k it, rc•j +ant In I , udri a •,h en tit derv. Ate, the chic &rich n„rsc i.
<br />Mailed, Lender is authort7ed h, collect and ,pply the proceeds. at (.ender'& :q,!!t,n either to restoration or repair of the
<br />Property or to the sums secured by this Icced of Trust.
<br />Unless Lender and Borrower otherwise agree in writing .rny snob epphcation of procerds in principal shall not cucnd
<br />or postpone the due date Of the monthly installments referred w in paragraj,hs I and '_ hereof or change the amount oi
<br />sucb installments.
<br />19. Borrower Not Released. Fxten,lon of the lime for payment or motlifnanc-i of amort,ration of the sums "cured
<br />by Ibis Deed of Trust granted by I ender ro any successor in interest of Borrower .hall nor operate to release. in anv manner,
<br />the liability of the original Borrower and Borrower's succestors to interest 1 ender shall not be required to commence
<br />proceedings against such successor or refuse to extend nine for payment of otherwnc mod,f) amortization of the um%
<br />secured by this Deed of Trutt by reason of any demand made by the original Borrower and Borrower's successors in interest
<br />11. Forbearance by Lender Not a Waiver. Any forbearance by (.ender in exercising anv right or remedy hereunder or
<br />otherwise afforded by applicable law, shall nnl be a waiver of nr preclude the exera" of any such right or remedy
<br />'The procurement of tmurance nr the payment of taxes of other hens or charges t y lender shall not be a waiver of Lender's
<br />right to accelerate the maturity of the mdchtedne%% secured by this feed ul Rust
<br />12, Rertrrdtes Cumolative. All remedies provided in this Deed of Tfust are distim I ;end cumulative to any other right
<br />or remedy under this feed of Trust or afforded by law or equity, and may he exercised concurrently, independently or
<br />successively
<br />13. Surcesson and Assigns Bound; }mint and Several 1.1ablllly: Captions. 1'hr covenants and agrecmrnrs herein
<br />contained %hall hind, and the rights hereunder shall inure to, the re%prcave t%P.(`e%tnrS and assigns of Lender and Borrower
<br />subject to the provisions of paragraph 17 hereof All covenants and agreements of Borrower shall he )rant and several
<br />the caption% and headings of the paragraph% of ems Deed of Trust arc for convenience only and are not it) be used to
<br />interpret or define the provisions hereof
<br />14. Notice. Except for any notice required under applicable law to he given in another manner. (a) any nnn,c to
<br />Borrower provided for in this Deed of Trust shall he given by mailing such notice by certified mail addressed rat Borrower :u
<br />the Property Address or at such other address as Borrower may designate by notice In I ender as provided herein, and
<br />Ih) any notice to Lender shall be given by certified mail, return receipt requested, to Lenders address slated herein )r to
<br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this
<br />Deed of Trust shall he deemed to have been given to Borrower or Tender when given in the manner designated herein
<br />15. Uniform feed of Trusts, Governing Law; Severablllly. That form of deed of trust combines uniform covenar.r% for
<br />national use and nonuniform covenants with limited variations by jurisdiction to conitituie a uniform security tostrumeni
<br />covering real property. This Deed of Trust shall he governed by the low of the jurisdiction rat which the Property is located
<br />In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall
<br />not affect other pprovisions of this Deed of Trust or the Note which can he given effect without the conflicting piovnron.
<br />and to this end the provisions of the Deed of Trust and the Note are declared to be severable
<br />III. Borrower's Copy. Borrower shall be (m.-ashed a conformed copy of the Note end of this Deed of Trust at the time
<br />of execution or after recOTdation hereof
<br />17. Transfer of the Property: Actumptlon. If all or any part of the Property or an inicic%t therein is sold or transferred
<br />by Borrower without Lender's prior written consent. excluding (a) the creation of a lien of encumbrance subordinate lit
<br />this feed of Trust, (h) the creation rat a purchase money security interest for hnutehold appliances, !ci a tramfer by ,tevnc '
<br />descent or by operation of law upon the death of R pant tenant rat (d) the grant of any Ica%chutd interest of three years or less
<br />not containing an option in purchase. Lender may, at Lender's option, declare all the sums secured by this Leed of Tntss ro M
<br />Immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer. I ender
<br />and the pennn in whom the Properly is to be sold or transferred reach agreement m "filing that the credit of such person
<br />is satisfaetory to Lender and that the Interest payable on the sums secured by this Deed of Trust shall he at such rare a%
<br />I ender shall roluest. If Lender has waived the option to accelerate provided in this paragraph 17, and If Borrower's successor
<br />in interest has executed it written assumption agreement accepted in writing by Lender, Lender shall release Borrower from
<br />ail obligations under this Decd of "Trust and the Note
<br />If Lender exercises such option to accelerate. I ender shall marl Borrower notice of acceleration in accordance with
<br />pargraph 14 hereof Such notice %hall provide a period of not less than 30 days from the date the notice is mailed within
<br />which Morrows may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period.
<br />Lender may, without further nonce or demand on Borrower, invoke any remedies permitted by paragraph 19 hereof.
<br />NON- 11NiIoANi t nVENAN'tS Borrower and Lender further covenant and agree as follows.
<br />15. Acceleration; Remedies. Except at provided In paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agretrmneat of Borrower in Ibis Deed of Trost, Including the covensnta to pay when due any sums secured by this Deed
<br />of Trwl, bender prior to acceleration shall mall notice so Borrower as provided In paragraph 14 hereof specifying: (1) the
<br />breach: (21 she action required so care such breach; (3) ■ dole, not Ims than 30 days from the date the notice Is mailed to
<br />Borrower, by which wits breach musT be cured; and (4) that failure to cure such breach on or before the date specified
<br />In the notice may result In acceleration of the sums secured by this Iced of 'Truss and sale of the Property. The notice
<br />shall fnrlber Inform Borrower of the Aghl to reinstate after acceleration and the right to bring a court action to assess
<br />lbw ran- exfslenre of a default at any other defense of Borrower to as•nierallon and male. If the breach It not cured
<br />on or before the dale specified In the "offer, tender of Lender's option may declare all of the sums secured by this Deed
<br />of Trust le be immediately due and payable wilhnul further demand and may invoke she power o' sale and any other remedies
<br />permitted by applk*W law. Leader shall be entitled to colkel all reasonable costs and expenses Incurred In pursuing the
<br />remedies prosided in this paragraph 18, Includinti, bull root limited to, reasoneii attorney's fen.
<br />If the power of sale is Invoked. Trustee shall record a notice of default In each county In which the Properly of some
<br />Paul thereof Is IocaNd and ohs" n.ail caplet of sucb nNke In Ibe manner ptelcrrlbed by appllcabk law to Borrower and to the
<br />either Pertos t Prescribed by applicable law. After the kgae of such time as may be required by applicable law, Trustee shall
<br />give •.Mlle notice of wk to Ike persons and In Ike manner prescribed by applicable law. Trustee, without demand on
<br />Borrower, shall sell the Property at public auction N Ike highest bidder of the Ilene and place and under The terms designated
<br />In Ow ootke of wale In one ear motet p�aretla and In such order at Trwlet may dtsermine. Trustee may Postpone safe of all
<br />a may paucti of the Propcsty by pnblk announcement a the lime and plan of any previously scheduled talc Lender or
<br />L aseli deslgroee may parchmae Ike PiwpeAy N say sak.
<br />U "swelpt of poymeM of eke price bid. Tr,00ltee tholl deliver to she pureheatr Trustee's deed conveying the Properly
<br />"Id. ?be fecilak M she Trwltt's deed " be prima fork evidence of the truth al the srotemtnls made therein. Trustee
<br />/Mill OWY like roceeds of I%# gait N os
<br />Ike fol"wkrg o"Net IU to all reonable come and expenses of the sale, Including, but
<br />latest MAW Is, Treatise's Iewer of not more than !4 of Ike gran ark price, reasonable atiorety's fees and cats of
<br />Mk evidence; 1100 N tell casks senfrd by this Deed of Transit and Iii the excase, N any, to the person or person legally entitled
<br />tketaq.
<br />N. Borrewwrss Right to RtinNale. Notwithstanding ( tender '& acceleration of the suns% "cured by thus Deed of Trust.
<br />Betrower shall have she right to have any proceedings begun by Lender to enforce this cared of (Yost disconlinned at
<br />any time prior to the earlier to occur of Ir) the fifth day before the sale of the Properly pursuant to the power of sale contained
<br />in this Deed of Trust or bit entry of a lodgment enforcing this Decd rat Trust if (a) Borrower pay% 1 endet all sums which would
<br />he then due under this Deed of crust. the Note and notes securing Future Advancei, if any, had no acceleranon occurred
<br />(b) Bexrower Lures all breachem of any other covenane or agreements of Borrower contained in this feed of trust.
<br />let Borrower pay% all reasonsjjsmlt expenses Aurrtd by Lender end Tru%lee in enforcing the covenants and agieensrnrs „I
<br />forrower cowamed m this Icced of least and m enforcing Lender's and - Tnr%se.r I "merlre% as provided m paragraph lx
<br />hereof incl ... 1 6 but not limited In ter %linable a4&!ate y'% fee% and fdl Harrower tats, % 1, a, n e, t e „lei ir,t& „at.7r
<br />etginrt in anure /ha; the hen of ihs D"'t of butt. Leuthr's mteret. n 'hr !'rr {,en& sort) 41ton„ »ri % uhl,gati.•.•� o' IyY
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