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gsr.t. 103856
<br />t this Oced of Trust immediately prior is the date of taking bears tc* rhe fa.,r market value of the Property immediately prior to the dal. _,f
<br />taking, with the balance of the proceeds paid to Borower.
<br />If f he Property is abandoned by Borrower, or if, after notice by tender 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 to restoration or repair of the Property or to the sums secured by this Deed of Trust.
<br />Unless Leader 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. ', Borrower Not Relaaed. Extension of the time for payment of mod;fication of amortization of the sums secured by this Decd of Trust
<br />granted by lender to any successor in interest of Borrower shalt 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 prtxeedmgs against such successor or refuse to "tend 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 />ar:d Borrower's successors in interest.
<br />11. Forbeartum a by Leader Not a Waiver. Any forbearance by Lender in exerce,ing any right, or remedy hereunder, or otherwise afforded
<br />by applicable law, shall not be a waiver of tit preclude the exercise of any such right cx remedy. The procurement of insurance or the payment of
<br />fixes 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 />cvd of Trust.
<br />12. Resedies Cumulative. All remedies provided in this Deed of `[rust 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 or successively.
<br />l3. Sacermimors mud Assigns Bound; Joint and Several liability; Captions. The covenant,, and agreements herein contained shall bind, and
<br />the: rights hereunder shall inure to, the respective sucussors and assigns .,! Lender and Borrower, subject to the provisions of paragraph 17
<br />hereof. All covenants and agreements of Borrower shall be joint and .several I he captions and headings of the paragraphs of this Treed of Trust
<br />at, for convenience only and are not tr, be used to interpret or dcfire the provisions hereof.
<br />14. Notice. Except for any notice required under applicable law to he gtven in another marper, (a) any notice to Borrower provided for in
<br />Deed of Trust shall be given by mailing such notice b;r certified mail addressed to Borrower at the Property Address or at such other address
<br />as
<br />7.crrower may designate by notice to Lender as provided herein, and (b) any notcc to Lender shall be given by certified mail, return receipt
<br />r- ;quested, to Lender's address stated herein or to such other address as Lende; may designate by notice to Borrower as provided herein. Any
<br />tv,uce provided for in this Deed of Trust shall be deemed to have been giver. to Borrower or Lender when given in the manner designated herein.
<br />1S. Uniform Creed of Trust; Governing Law; Severability.'T'his form of decd of trust combines uniform covenants for national use and
<br />ic;n uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of
<br />`, ust shall be governed by the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Deed of
<br />itist or the Note conflicts with applicable law, such toifEict shall not affect other provisions of this Deed of Trust or the Note which can be
<br />:; <ett effect without the conflicting provision_ and to this end the previsions of the Deed of Trust and the Note are declared to be severable.
<br />Irr. Borrower's Copy. Borrower shall he furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or
<br />a ftrr u ecordation 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 />.: out Lcnder's prior written consent, excluding fa) the creation of a fien or encumbrance subordinate to this feed of Trust, (b) the creation of
<br />chttsz money security interest for household appliances, (c) a transfer 'ny devise, descent or by operation of law upon the death of a Joint
<br />a.,Tant or (d) the grant of any leasehold interest of three years or less not :or. �imng an option to purchase. Lender may, at Lender's option,
<br />e
<br />all the sums secured by this Deed of T u;t to be immediately due and payable. Lender shall have waived such option to accelerate if, *'
<br />; e to the sale or transfer, lender and the person tr whom the Property is to be _err r .ransterrcd reach agreement in writing that the credit of
<br />,rt..h person is satisfactory to Lender and that the interest payable or the siuns secured by this Deed of T'rvst shall be at such rate as Lender shall
<br />.lquest. If Lender has waived the option to accclerate provided fn thus paragraph 17, ;znd if Borrower's successor in interest has executed a
<br />teen assumption agreement accepted in. writing by L.er,ler, Lender shall fdcasc Borrower from all obligations under this Deed of Trust and
<br />to Note.
<br />11 Lender exercises such option io accelerate, tender shalt mail Borrower nouce of acceleration in accordance with paragraph 14 hereof.
<br />such notice shall provide a period of nol less than 30 days from the date the notice :, maiiec! within which Borrower may pay the sums declared
<br />t!.r. if Borrower fails to pay such sums prior to the expiration of such period, Lender tuay, without further notice or demand on Borrower,
<br />:r v )t: any remedies permitted by paragraph 18 hereof
<br />+c7N-LINiFORM COVENANTS. Borrower and Lender further covenant and agree as fnfiows:
<br />18. Acceleration; Remedies. Except as provided in Paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />O ar tvwer in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration
<br />sisal: mail notice to Borrower as provided in paragraph 14 hereof specifyink: t 1) the breach; (2) the action requited to cure such breach; (3) a
<br />,=iwte, not leas than 30 days from the date of notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to curr such
<br />1�reacb on or before the date specified in the notice may result in acceleration of the sutras secured by tltly Deed of Trust and sak of the Property.
<br />7 b notice shall further inform Borrower or the right to reinstate after acceleration mud the right to bring a court action to assert the non-
<br />rxzxicace of a default or say other defense of Borrower to mcceierstion and sale. If the breach is not cured on or before the date specified in the
<br />ngfice• Leader at Lender's option may declare all of the sums secured by ibis Deed of Trust to be immediately due and payable without further
<br />eirronad and nay invoke the power of ale and any other remedies permitted by mpplictibk haw. Leader shall be entitled to collect all reasonable
<br />...emus mad expenses incurred is pursuing the remedies provided in this paragraph 19, including, but not limited to, reasonable attorney's fees.
<br />If the power of ask is invoked, Trustee shall record s notice of default in each county in which the Property or some part thereof is located
<br />Wahl %haW a" copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable
<br />I%*, After life laps of such time as may be required by applicable law, 'trustee shall give public notice of sale to the persons and in the manner
<br />um se ►abed by applicable low. Trustee, without demand on Borrower, shall sell the Property at public auction to the bighni bidder at the nine
<br />and pifse amid under the teraN designated in the notice of sale In one or more parcels and in such order as Trustee may determine. Trustee may
<br />potapoae ask of all or any parcel of the Property by public announcement at the time and lace of an
<br />p y previously scheduled sae. Lender err
<br />t "ahe ►'s designs. may purcltaaa the P►nperty al may sae.
<br />F pi» receip of paytneNI of the price bid, 'Trustee shall deliver to the purchaser Trustee's deed conveying Ike Property %old. l'be recited% In v7it
<br />'bit i raster's deed *hall be prima facie eyWeace of the truth of Ike titatemenis made therein. Trustee shall apply the prrxrcvls of the %air in the
<br />bit,
<br />once: cal to all reasonable vviux sad expenses of the sale, including, but not limited to, buster's feet rat not more then
<br />.19 ' tier arotmr rude pike. MwnsWr attornsy's flay and c <ssts of nth rMence, tbt Ier ail sums senurrd fly this [iced of 1'raasl: and tc) the rxrrav, if i
<br />sag, to the Asa of persons witalfy tabled thereto,
<br />14. Horrowrs'N Bight to ReinAiand_ h<ri teen t:nf, tl,ir • ".ec ark< ups; 1ril
<br />4pi = >1 air lirt ice arty firtx crdi net f.k•�j.'U!t i`4 I c1,3e4 1 1!r.; ', <1, li.-t_ii i•1 ,I :art �.It`.....I �t .tl =.• 11'\ �.. i'. .�.. : ire 1.", tier.,
<br />i.a.e 6he ;air, o` r „s I rt„�ery,. t ,Ian, -err {v,w�a I .�1: ;,,r.ta :•n_. • ; +n.= f rec,1 „r !, 1 ,,,. a 1.1 rs: 1., E
<br />_rA 2 J Ii.,n ewer fs. i .ict� ..! x13•
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