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86-- 103004
<br />by this peed of Trust immediately prior to the dAte of ta'tkinl, nears !1, ;i:c 3a . rraa±i ei :°aloe sf the Propttty immediatefy prior to the date of
<br />taking, whb the balance of the proceeds paid to Borrower.
<br />if the Property is abandoned by Borrower, oe if, after notict by Lender to Borrower that the condemnor offers ! o make an award or settle a
<br />claim for daa►ages, Borrower faits to respond to Leader within 30 days after the date such notice is mailed, Leader 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 Dsd of Trust.
<br />i nie'ss 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 1 and 2 hereof or change the amount of such installments.
<br />10. tlerroDow Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />granted by t exider 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. Leader shall not be required to commence proceedings against such successor or refuse to extend time for
<br />payinew or otherwise 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. Foriowa see bf Leader Not a Waiver. Any forbearance by Leader in c.%ttc;.,1r.g any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shall not be a waiver of or preciu de the exercise of any such n,gh; remedy. The procurement of insurance or the payment of
<br />tastes or other liens or charges by Lender shall not be a waiver of lender's right to accelerate the neat hrity of the indebtedness secured by this
<br />Deed of Trust.
<br />12. Remedlea Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently o,- : vccesii,ely.
<br />13. Socesason and Assigns Bored; Joint and Several f.isbiilty: 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 prov ;stuns of paragraph 17
<br />hereof. All covenants and agreements of Borrower shall be joint and several. The captions and licadings of !its paragraphs (if this Ihcd of Trust
<br />are for convenience only and are not to be used io interpret cot define the pro, isiom `creof. .
<br />14. Notice. Except for any notice required under applicable law to, be finer: lo another manner, tai a ty notice , Bwi s;w.er Movided for in
<br />this Deed of Trust shall be given by maiiing Stich notice by cerzifted mail uddr eased to Borrower at the Pre +per a ;� e : _a 1a otht" address
<br />as Borrower may designate by notice to Lender as provided herein, and 4F) anv no's ce to Lender shall ix vim s said, return receipt
<br />requested, to L«tder's address stated herein or to such other add. tis as Lender may designate by nonce W 0,.tz x :,r2witied herein. Any
<br />notice provided for in this Deed of Trust small be deemed to have been given to Borrower or Lender when g!vctt tit teat rttanue; desiguated herein.
<br />15. Unifors Dead of Tram; Governing h.caw; 5everobtffty. This form of deed of trust otnbincs urrifoiin covenants Im national use and
<br />nonuniform covenants with limited variations by jurisdiction t) constitute a uniform security anstrummit co,cring real propctty. This Deeds of
<br />Trust shall be governed by the taw of the jurisd;aion in which the Prupzrty is located. In the event that any provision or clause of this Deed of
<br />Trust or the None conflicts with applicable !aw, such conflict shali not affect other provisiorts of this (Teed of Trust or the Note widish can be
<br />given effect without the conflicting provision and to this end the provtsions of the Deed of Trust and the Note are declared to be severable.
<br />16. Borrower's Copy. Borrower s_half be furnished a confc -,med copy of the Note and of this Deed of Trust at the time of execution or
<br />after recordation hereof.
<br />17. Transfer of [leer Property; Assumption. If all or any pars of the Property or an :merest therein is sold or transferred by Borrower
<br />without Lender's prior written consent, excluding (a) the station of a lien or encumbrance subordinate to this Deed of Trust. (b) the creation of
<br />a purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of Ia.v upon the death of a loin *.
<br />tenant or (d) the grant of any leasehold interest of three years car icm not containing an option to purchase. Lender may. at Lender's option,
<br />declare all the sutras secured by this Deed of Trust to be :mmediately due and pzyable. Lender shall have waived such option to accelerate if,
<br />prior to the sale or transfer, Lender and the person to whom the Prr €rty is to be sole or transferred reach agreement to writing that the credit of
<br />such person is satisfactory to Lender and that he sat: rest payaole on the sums secured by this Deed of Trust shall be at such rate as Lender shall
<br />request. If Lender has waived the option to acceirate provided in this paragraph 17, and if Borrower's successor in interest has executed a
<br />written assumption agreement accepted its writing by Lender, Lender shall release Borrower from all obligations under this Deed of Trust and
<br />the Note.
<br />If Lends exercises such option to accelerate, Lender shall -marl Borrower t:oucr of acceleration in accordance wiih paragraph 14 hereof.
<br />Such notice shall provide a period of not less than 30 days irom the date the rion:e iS anaiied within which Borrower mar pay the sums declared
<br />due. If Borrower fails to pay such sums prior to the expiration of such period, Lender :nay, without further notice or demand on Borrower,
<br />invoke any remedies permit9cd by paragraph 18 he *.ed,f.
<br />NON - UNIFORM COVENANTS. Borrower and 1_rndet further covenant and agree as follows:
<br />13. Acceleration; Resedl[s. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Borrower in thin Deed of Trawl, Isesudiag the covenants to pay when due any sums secured by this Deed of Trust, Leader prior to acceleration
<br />9MM alt notice to Borrower as provided in paragraph 14 hereof spedt►ing: (I I the breach; (2) the action required to core web breach; (3) a
<br />date, not Nee than 30 days troa the date of notice Is mailed to Borrower, by wbkb such breach must be cured; and (4) that failure to cure such
<br />branch N or before the date specified in the notice may result to acceleration of the sums secured by this Deed of Trust and sale of the Property.
<br />The aI shall forlber fuforst Borrower of the right to reinsute after acceleration and the tight to bring a court action to onert the aon-
<br />exkwnm of a data & or may other defense of Borrower to acceleration and seek. It the breach is nut cured on or before the date specified in the
<br />Pelm l seder at Looder's optioo may declare aN of tbt sums secured by this Decd of Trust to be immediately due and payable without furtstr
<br />demand and tray isvoke the power of seek sod any other remedies persnftted by applicable law. Lender shall be entitled to collect all reasonable
<br />COW and expenses incurred is paraadag the remedies provided to this paragraph 18. Including, but not limited to, reasonable attorney's fees.
<br />H the (tower of auk In savoked, Trustee shall record a notict of default in each county in which the Property or some part thereof is located
<br />Sod AM ask Copies of such notice is the mamser prestribrd by applicable law to Borrower and to the other persons prescribed by applicable
<br />caw. Altar the input of such slaw as may be required by applicable caw, Trustee stall give poblk notice of sale to the persona and in the manner
<br />prescribed by ttp/Meab4 law. 'Tulle, without dossed as Borrower, AM sell the Property at public auction to the higbesl bidder at the aunt
<br />and Phut and osdur the term dnlpmtad IN the soUct of Oak is one or mote pareth and is such order as Trustee may detersine- Trustee may
<br />poaepost sole of ON or ay purcel of the Property by public anwoewement at the time sad
<br />place of any previously scheduled seek. Lender or
<br />Lender's dtlipse any purchase mkt PhWety in any ask.
<br />Up" rateipl of payaatrll of eke price bid, T`russee *MR deliver to the purchaser Trustee's deed coast, ing the Property said. The recitals in
<br />She Trstw's dead dmd be pelasm facie evidtace of the Irsib of the vtatemeats made therein. Truster skaU apply (be proceeds of for seek in the
<br />fMoodi tg order! (a) to ant rvasosoble costs and expenses of the seek, iacluding, but not limmited to, Trustee's fees of not more than n.s
<br />of lbsp+s sale pries. ressnat►ir attorney's tees and costs of Usk evidence: ohm to an :rums secured by this llred rat Trost; and tct the euvss, if
<br />any. to dw porous or peusas brgnBy "titled hereto.
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