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<br />R--S-- 104378
<br />by this deed of Trust immediately prior to the date of taking tears to the fora atante:.alue of the Property immediately prior to the date of
<br />taking, with the balance of the proceeds paid to B:.;rrowcr.
<br />If the Property is abandoned by Borrower. or if, after notice by Lender 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 bate 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 feed of Trust.
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<br />Unless fender 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. Iorrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />granted 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 />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 successor in interest.
<br />11. Forbearance by Leader Not a Waiver. Any forbearance by Lender in exercising siiy right or remedy hereunder, or otherwise afforded
<br />by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of
<br />taxes 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 />Deed of Trust.
<br />12. Rome" 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 or successively.
<br />13. Successors sad Assigns Bound: Joint and Several liability; 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 provisions of paragraph 1'
<br />hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this feed of Trust
<br />are for convenience only and are not to be used to interpret or defi,ric the provisions hereof.
<br />14. Notice. Except for any notice required under applicable law to be green 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 Borrower at the Property Address or at such other address
<br />as Borrower may designate by notice to Lender as provided herein. and (b) any notice to Lender shall be given by certified mail, return receipt
<br />requested, to Lender's address stated hereir, 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 Borrower or Lender when given in the manner designated herein.
<br />15. Uniform Deed of Treat; Governing Law; Severability. This form of deed of trust combines uniform covenants for national use and
<br />non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of
<br />Trust 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 />Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed 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 furnished 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 pan 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 lien or encumbrance subordinate to this deed of Trust, (b) the creation of
<br />a purchase money security interest for household appliances, tc) a transfer by devise, descent or by operation of law 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 />declare all the sums secured by this Deed of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if,
<br />prior to the sale or transfer, Lender and the person to 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 secured by this Deed of Trust shall be at such rate as Lender shall
<br />request. If Lendet has waived the option to accelerat- pro% ded in this paragraph 17, and if Borrower's successor in interest has executed a
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<br />written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all obligations under this Deed of Trust and
<br />the Note.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof.
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<br />Such notice shalt provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared
<br />due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph 18 hereof.
<br />NON- UNIFORtif COVENANTS. Borrower and Lender further covenant and agree as follows
<br />13. Acceleration; Remedies. Except as provided in paragraph t7 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 Deed of Trust, Lender prior to acceleration
<br />shall mail notice to Borrower as provided in paragraph 14 hereof specifying: 11) the breach: (2) the action required to cure such breach; f3) a
<br />date, not less than 30 days from the date of notice is mailed to Borrower, by which such breach must be cured; end (4) that failure to cure such
<br />breach on or before the date specified In the notice may result in acceleration of the sums secured by this Deed of Trust and sae of the Property.
<br />The notice shall farther inform Borrower of the right to reinstate after acceleration and the right to bring it court action to assert the non-
<br />existence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured o0 or before the dale specified in the
<br />nonce, Leader at Leader's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further
<br />demand and may Invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all treasonable
<br />costs and expenses incurred In pursuing the remedies provided in this paragraph 18, including. but not limited to, reasonable attorney's fees.
<br />If the power of sae is invoked. Trustee shall record a notice of default in each county in which the Property or some part thereof is located
<br />and shM ma0 copes of such notice In the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable
<br />law. After the lapse of such time as may be required by applicable law, Trustee shall give public notice of sae to the persons and in the manner
<br />prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time
<br />and piece sted under the term designated In the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may
<br />postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or
<br />Leader's designee may purchase the Property at any sale.
<br />Upon recNpt of payment of The price bW. Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold. The recitals in
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<br />the Trustee's deed shell be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the
<br />following ordex: (a) to all reasonable coats and expenses of Ibe sale, including, but not limited to, Trustee's fees of not more than _ _3, 0'o
<br />of thegrom sale price, reasonable attorney's fees and costs of title evidence-, (b) to all sums secured by this Deed of Trust: and to the excess, if
<br />any, to the person or persons legally entitled (hereto.
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<br />19. Borrower's Right to Reinstate. Net withsnanding Lrndcr•.., arecierati.m :+f she sutra .c -tu!•d by thi, Dec,.! of flea:, Hot ruwcr ;ha' hs• �.
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<br />the right to ha%e any proceeding begun by ixiidei tc !it fntce ;his Deed of Tnisr J"Con ram ram, p!rn :u t`ic r:n-lier :0 i,r , -..,
<br />ttith day before the sale of the Proper, pursuant to the ixtwes of tale cowameJ :n :Ir , Ike'! o' I r asst uttI r a indt mt.' ,nl„n: i i. ! l 1,
<br />Deco nit Tra'! it (a) iforfowcr pity, i :,it Jc! ali ,u .ms .lwdt would he thus, due wd" ,1 i" Decd :v 'ru .. h, 1., .. ,u .! " ,i , .', ta.n
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