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U, 103654
<br />by ibis Decd of Trust immediately privi to the date of takmi; tires,, 1" utt tall market saleie of he Property immediately prior to the date of
<br />Eakins, with the balance of the proceeds paid to B(Krower,
<br />If the Property is abandoned by Btirrowrr, or if, after notice by Lender ii) Borrower that the condemnor offers to make an award of settle a
<br />claim for damages, Borrower fails to resprmd 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 to restoration or repair of the Property or to the sums secured by this Deed of Trust.
<br />Unless Lender and Borrower otherwise agretin writing, any sash application of proceeds to principal shall not extend or postpone the due
<br />daft of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of such installments.
<br />It, Soerower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of ]'rust
<br />gamed by Linder to any successor in interest of Borrower shall not operate to release i- 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 of Trust by reason of any demand made by the original Borrower
<br />and Borrower's successors in intern;
<br />It. Forbeareaee by Lender Not a "'elver. Any torbearame by Leiider :n c rtucrsutg any right or remedy hereunder, or otherwise afforded
<br />b5 applicable taw, shall not he a waiver of or preclude the exercise of any such t iglit w remedy t "lie prot-urement of insurance or the payrrtenf of
<br />taxes or other Urns or chatges by !.ender shall not be a warier of Lenctei's rifcht to accelerate :he mrturity of the indebtedness secured by this
<br />Deed of Trust.
<br />12. Res[dka Cumulative. xis remedies pros ided in this D7ecd of Trust .tie dmtmt and :umulai ivc I any other right or remedy under this
<br />Dad of Trust or afforded by law or .equity, and may be exercised concurrently, ndc- cridew Iv or successtvely.
<br />13. Saccessm and Assigns Bound; Joint and several ilsbiflty; Captions. rite oscnahLs and agreements herein contained shall hind, and
<br />the rights hereunder shall inure to, the respacrtve successor< and assign, .,f. t CMd- ir;d H„rrnwrr. :object to the provisions of paragraph )7
<br />hereof, All covenants and agreemtmts ,' 3orrowtr shall be joint ano .c,r: at Rte .ipnons and headings of the paragraphs of this Deed of Trust
<br />are for convenience only and arc not t, ',v sued to tmerpret or defsn; the per :r! :,t>n, ;rcreof
<br />14. Notice. Except for any notice -,cyst: ed under appin:abir law I') be f,,s ci; another manner, (a) any notice to Borrower provided for in
<br />this deed of Trust shalt be given by marling such nultre by <roif. cl snail addre•,.eu tc Borrower at the Propesty Address or at such other address
<br />as Borrower may dcsignair by nm)ucc w l erdcr a., providers hetetoi. and (hi 4nt u) „cc to i_cnder shall be given by xrtified mail, return receipt
<br />requested, rn Lender's address stated ficreit; of to such :)ther address as Lender niay designate by notice to Borrower as provided herein. Any
<br />notice provided for in this Deed of Trust shall be deemed io have tarn gv: i, to Borrower or 1-ender when given in the manner designated herein.
<br />15. Uniform Deed of Trust; Governing Law; SeverabUil). nn form nt deed :,f trust combines uniform covenants for national use and
<br />non - uniform covenants with tirmted - viailom ".. . :rsdic ;icn t, vnstuutc a unAoem security instrument covering rcai property. This Deed of
<br />Crust shall be governed by the law of chc )urv�daoiorj in which the Pfelxfty is io aced. In the e, em that :ray provision or clause of this Deed of
<br />Trust or the Note conflicts with appt!cabie lay-,, ;u:h confbct s,tall not afteei w:hcr provisions of this Deed of Trttst or the Note which :an be
<br />given effect without the conflicting provision anal to tins end the lrrov!stom of rice Deed of 1 rust and the Note arc declared to be severable.
<br />14. Sonttwer's Copy. Borrower shall .k. iurrashed a contr:rtred :urn of the 'vote and of this Deed rat Trust at the time of execution or
<br />after recordation hereof.
<br />17. Transfer of the Property; Aresumption. U all or anti par! of !he Property or an imerest thr.:etn. is ,oid or ttansferred by BOrrUwer
<br />without Lender's prior wrntcn consviii, rxcludwv t;r, the creation of a lien or encumbrance <ubordmair to this !hod of r t t :st, tb) the creation „f
<br />a purchase money security rnteresi for household appti ;rncn, (o a iran,fes ',s de.tsc, descent rat by operation of taw upon the death of a )omt
<br />tenant or (d) the grant of any leasehold interest o'. three years or irss not :"mamma an option to purehasc, I endr, may, at Lender's vhi;on,
<br />declare all the %urns secured by this Dead of I st to he anr11Cdl ttely due and p n, ANe i.ender shall have wurvrd such option to acceleratr ,!,
<br />prior to the sale or transfer, Lender and the f tnon.. -, whom the Property :s to Ix s, to riamferred rca;h agrcernent ;n writing that the credo, of
<br />such person is satisfactory to Lender and +hat ,nc irrri rst p ayacie :,n the ,::m, c<urc. -J t” thn Deed or I rust shall heat such rate as Lender shall
<br />request. If Lender has waived tire op rim to a, :trieraw i-no ,ded :n thiK paragraph 17, and if Borrower s successor in interest has executed a
<br />written assumption agreement acc:pted in wr!t.ng by lender. !.ender %hail terra,: Horrowcr !ram alt ohhkanuns under this Deed of rrmt and
<br />the Note.
<br />If Leader exercises such optton to arcefrratr. !.er.;ier ,hall mail Borrower m,u.c „f acceleration In accordance with paragraph i4 hern.f.
<br />Such notice shall provide a period of nee less -han W darer from �Iir date !hc :x,r,tc :. rrr,oied withu: which Horrowcr !nay pay the sums declared
<br />due. If Borrower Each to pay such sums pr,o, '.v the, eeprrat,c,;i )! Lush i,rr:.xJ. I ru:;et mav, wnhuut hrrrhet notice or demand on Borrower,
<br />invoke any remedies penmttrd by put agrap n I 'tr: rcn
<br />NON- UNiFORlvt r_OV NAN] S Bor,,,wet and Lmdrt turtbes _,)v et>a n; .ano aKrrc +, !:)lies,
<br />111. Acceleration; Resaediei. Except as pnrsidtd in paragraph 17 hereof, upon Borrower's breach of any covenant at agreement of
<br />Borrower in this Deed of Trust, lachadlag the covenants to pay cabers due any sums se e)ured by titter Reed of Trust, Leader prior to acceleration
<br />shism a" notice to Borrower as provided in paragraph Ia hereof specifying. 0i the breach; 421 the action required to care such breach; 13) a
<br />darte. met leas than 30 days from the date of notice is mailed to Borrower, by which twee breach must to cured; and (4) that failure to cure such
<br />browlt so or befure the date specified is the notice may result in acceleration of the suss setmred by tbt% creed of 't rust and sale of the Property.
<br />The sod" shaft further inforto harrower of the eight to reinstate after acceleration and the right to bring a court action to assert the non-
<br />existence of a default or any esker defame of Borrower to aceekranoa sad sale. If the breach is not cured on or before the date specified in rite
<br />tstgk e, Lender at Leader's option may declare all of the sutras secured by this Deed of Trust to be Immediately due and payable without further
<br />dessand and may invoke the poorer of side and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonablet
<br />Boob and expesen incurred is panning the remedies provided In the paragraph 18, including, but not limited to, reasonable attorney's fees.
<br />it the power of sale is invoked. I matte shall record a notice of default to each county in which the Properly or some part thereof is located
<br />and shall a" tropics of such notice in the manner prescribed by spplirable Is- to Borrower and to the other persons prescribed by applicabir
<br />law. Afler the lapse of sack time s may be required by applicable law, Trustee sball give public notice of %sk to the penom and in the manner
<br />pnseeibed by applicable low. Trusim, without rlemarrd as Srrower, shall sell the Property at public auction to the highest bidder at the time
<br />aM place and suit the terns deeltated In the notice of sak In one or more parreb and In such order as Trustee may determine, Trustee may
<br />postpone sele of all of any sweet of the Property by public announcement err the time and place of any previously wkeduied sak. Lender or
<br />LeNer's designee pay parckaw the Property at any sale.
<br />Vpon reedpl of payserat of the price ofd. Trustee shall deliver to the purchaser trustee's deed coa. rring the Property w)d. The recitals in
<br />the Trw/oe's dead %bell be prima facie evarmt of the truth of the statements made therein. I mstee shall apply The proceeds of the sale in the
<br />fifiowltsg Emit: fat to all reasonable costs and c1pN%M`t of the sale, Including, but not limited tu, i rude* % tees of nut morn than rx
<br />Of t*s V Uk Prkt, ranosabfe atforaty'y fees And cost% of utie t0detwe. -h1 to all sums secured by this Meer%" of I rust; and t. 1 the excess, if
<br />airy, to its pen" or versos legally tootled ttxrero.
<br />W StrrowtYs Might to flsiwrate.'sots I rt:tar<drnb 1 )dct :,c_rErr �,. .)„ !h ^.one. ,,, . ..�. :k :.o Ito; s.,
<br />.haq ',a sr
<br />the right ter) have any EK.Xredsnit, hepon hx ! Cn -.trr ,rrr =.;sr, Dy d - t 1-; 3x,.)nn,u,rd a ,.�• .n _ h. <,, a. ,,,, t:,
<br />I) cd of Itu". ,i 'x; Efc)s;,•v,,. ,,a, Le t,1e: nil ,r,n .. r, n eiJ .k ,, . .r . n. , lg , tr . .
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