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y �j 103609
<br />by this Lyecd Of crust immediately prior to the date of takiaug bears to t� T:ut market value of the Property immediately prior to the date of
<br />takiiti) what the batan- Of the proceeds paid to Borrower.
<br />if* Prtppetly,uabiadoned bf 9arrnwer, or if, after notice by under to Borrower that the anndemnor of to make an award or settle a
<br />daim for damages, SWOwer fails co respond to y
<br />,},. ; Lender withill 30 ds s after the date such notice is mailed, Lender is authorized to collect an,4
<br />IM* the proceeds, at Leader's option, either to re¢roratim or repair of the Property of to the sows secured by this Deed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such
<br />application of proceeds to Principal shall not extend or postpone the due
<br />date of the monthly instNlinents referred to in panWiiphs i and Z hereof or change the amount of such installments.
<br />1f *' >roMwe t Not X8111se6. Extension Of the time fix fiiyment or modification of amortization of the sums secured by this Deed of Trust
<br />drtnted 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 />Hotrowa's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for
<br />gtrynfdtt 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'ssuccessors in interest.
<br />11. Forbearance by Gender Not a Waiver. Any forbearance by t ender in raer -,: ing any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shalt not be s waiver of or preclude the exercise of any such right remed) . The procurement of insurance or the payment of
<br />tdxrs Or Other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />!Teed of Truest.
<br />12, Remedies CMmuladve. All remedies provided in this feed of "trust are distinct and cumulative to any other right or remedy under this
<br />Deed of Trust or afforded bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13. Succession and Andgns Bound; Joint and Several I.fabtUty; Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shall inure to, the respective successors and assigns of !.ender and Boir,wer, subject to the provisions of paragraph 17
<br />of
<br />hereof, All covenants and agreements of Borrower shall be jotnt and sevcrai. T tie captions and headings of [he paragraphs of this Decd ra Trust
<br />are for convenience only and are not to he used to interpret or define the provisions hereof
<br />14. Nonce. Except for any notice requited under applicable law to be given in another manner, (a) any notice to Borrower provided for in
<br />this Deed of Trust shall be given by mailing such notice by certified mail addressed to Horrewcr at the Property Address or at such other address
<br />as Borrower may designate by notice to Lender as provided he rein, and (b; any notice to Lender shall tie 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 Buriower of Lender when given in the manner designated herein.
<br />15. flitform Detd of Trust; Governing Law; Severablgty. This form of decd of trust combines uniform covenants for national use and
<br />nonuniform covenants with innitedl variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of
<br />'Trust shalt be governed by the taw 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 teed of Trust or the Note which can be
<br />given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />16. Borrower's Copy. Borrower shall be ritrnished 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; Assumption. 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 Len or encumbrance subordinate to this Deed of Trust, (b) The creation of
<br />a purchase money security interest For hOuscWd appliances, (c) a transfer t-v devise, descent or by operution of iaw upon the death of a joint
<br />tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may, at lender's option,
<br />leclare all the sutras secured by this Deed of Trust to be immediately due and pavabfe Lender shall have waived such option ro accelerate if,
<br />prior to the sale or transfer, Lender and the pet�un its whom the Property is to be sold or transferred reach agreement in writing that the credit of
<br />such person is satisfactory to Lender and that the interest payable on the sums seimtcl by this feed of "f rust shall be at such rate as Lender shall
<br />request. If Lender has waived the option to accelerate ,rovided in this paragraph 17, anal it Borrower's successor in interest has executed a
<br />written assumption agreement accepted in wrtnng by I -nder. I ender shall release Borrower hom all obligations under this Deed of Trust and
<br />the Note.
<br />If Lender exercises such option 10 deccicratc. Lender shall mall Berrovsei notice of acceleration in accordance with paragraph 14 hereof.
<br />Such notice shall provide a period of not icss than 3,0 days from the date the notice is rnwled within which Borrower may pay the sums declared
<br />due. if Borrower faits to pay such sums prior to ;ire operation of such period, I ender may. without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph 18 het cof.
<br />!VON- C'NIFOR.M C'OVEN.4NTS. Borrower and Lender further covenant and agree as follow%•
<br />18. Acceleration; Remedies. Fadcept 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 any sums secured by this Decd of rrusl, Leader prior to acceleration
<br />shall tuall notice to Borrower as provided in paragraph 14 hereof specifying; (1) the breach; 42) the action required to cure such breach; (3) a
<br />dater cot less than 30 days from the dale of notice Is mnlied to Borrower, by which such breach must be cured; and (4) that failure to cure such
<br />breach on or before tie date specified In the notice may result In aceelenTIon of the sums secured by this Deed of 'trust and safe of the Properly.
<br />The notice shall further inform Borrower of the right to Misstate after acceleration and the right to bring a court action to assert the non -
<br />raislenee of a defuaft or an) other defense of Borrower to acceleration and seek. If the breach Is not cured on or before the date specified in the
<br />notice. Lender at Leader's option may declare an of The sums secured by this Bleed of Trust to be Immediately due and payable without further
<br />deasned Said may invoke the power of sale Tied any other remcdlea pemitted by applicable law. Lender shall be entitled to ctdk•:t all reasonable
<br />catch Sad expe'ases incurred IS pursuing the remedies provided in Ibis paragraph 19. Including, but not limited to, reasonable attorney's tees.
<br />If The power of ask Is invoked, 'Trustee shall record a notice of default in each county in which the Properly of some purl thereof is located
<br />Sad 5W ras8 t'oplea of sues notice is the manner prescribed by applicable taw Iu Borrower and to the other persons prescribed by applicable
<br />law. After ilk Vpee of such time r may be required by applicable law, Trustee shall give public notice of sale to the persons and in the manner
<br />Prescribed by appYeaYie law. Trustee, without demand on Borrower, shall sell The Property at public AUCTION to the highest bidder at the time
<br />am Plate aid tinder Me krTOs deslgisaw is tke Moller of sale In one or more parcels and In such order as Trustee may determine. Trustee may
<br />POKPO a Palle of ail or any pained of the Property by pablk announcement at Ike time and place of any previously scheduled sale. leader or
<br />1.esder'a I -aIII tee may parcYa► the Properly at a" seek.
<br />LIPS* ►sedN Of PSYM"t of the prkv bid. Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold. The reetta6 in
<br />eke Tnalae's deed sball be prima fade evidence of the truth of the statements made therein, trustee shall apply the proceeds of She seek In the
<br />fo9owhg oederf (a) to IN rsasoMble cows and expenses of the seek. Including, but non limited to, f rustee's fees Of not more Than a;
<br />of The are" seek price, reasonable attorney's fees and costs Of lick evidence; (b) to all sums *cured by this teed of T ruse; and lc t the extras, it
<br />Soy. to the persos Of persona kgSBy eadded lbereto.
<br />19. 8lerrower' s Right 10 Reinstate. !rotwnhvtandtnitlatdcr t ,t -n.. ;the uimxiurdnsM',Drd n r•usi l3,rr,.waidi,tlhn , c.
<br />the nght to have any proceedings begun hs l ender a, cnf „rte this Decd „f 1 „i't Jlseonunue :,; .cut !Ti, he
<br />' 1! 1 Y
<br />fifth day before the sak of the Pmperr, pursuara to the power of tale s.onlamcd iced .Yt T'-
<br />Deed u) T7u„t if (a) Borrower T a— : ricks eft sums wt•icb 'ouit1 IX ,hro I,i: .ai,ter ht+ l yecv •t he '1„tr ,
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