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86 104781
<br />by this Deed of Trust immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of
<br />taking. -with the balance of the proceeds paid to Borrower.
<br />is the Pr ^t e-y is abandoned by Harrower, or if, after "Tice by Lender to Borrower that the condemnor offers to make sit award or s^_ttfe 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 />I Intie- 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 I and 2 hereof or change the amount of such installments..
<br />10. Borrower Not Released. Extension of the time for t ayment or modification of amortization of the suttee sectored by this Deed 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 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 interest.
<br />11. Forbearance by Leader Not a Wniver. Any forbearance by Lender in exercising any 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 hens or charges by tender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness sectored by this
<br />Deed of Trust.
<br />12. Remedies 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 Asslgae Bated; Joint sad Several Liability
<br />Captlous. The covenants and agreements herein contained shall bind, and
<br />she rights hereunder steall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17
<br />hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust
<br />are for convenience only and we not to be used to interpret or define the provisions hereof,
<br />IA- Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in
<br />r
<br />this Deed of Trust shall be given by mailing such notice by crnficd trail addressed to Borrower at the Property Address or at such other address
<br />i' as Borrower may designate by notice to Lender as provided herein, and fb1 any notice to Lender %ball be given by cmifief trail, return receipt
<br />requested. to Lender's address stated herein or to such other address as Lender may designate by notice m Borrower as provided herein. Any
<br />notice provided for in this Deed of Trust shall be deemed to have her[ given to Borrower or Lend" when given in the rrannercit i"od, herein,
<br />15. Uniform Deed of Trout; Governing Law Sevw*bfftty. This form of deaf of trust combines uniform covenants for national use and
<br />" uon- uniform ; c venams with limited variations by zunsdx:t[on to constatutc a uniform security instrument covering rest property_ This Deed of
<br />Trust shall br governed by the law of the lunsdictinn in which the Property is fcua1vd. In the event that any provisoott or clause of this Deed of
<br />Trust or the 'vote etonfheiv with applicable law. ouch conflict shall not affect otter provisions of this Deed of Trust or the knit which can be
<br />.given etfecz without the conflicting pro%ision, and to this end the jxt >v'isir_ms of the faced of Trust and the note are declared to be severable.
<br />16. Borrower's COPY. Borrower Sh" he furnished a cotiformed cups of the 'rote and of this Deed of Trust at the Lime of execution or _
<br />after rmordanon hereof.
<br />17. Transfer of the Property: Amemption. It all r,:.r.v ,ar' of the Properir or an interest therein is sold or transferred by Borrower. _
<br />without Lender'% prior wraten consent, cxc,udtrg fat the,:,, ation „ f a isctt .o.r cmumbran�e subordinate to OuN Deed of Tntst, (,h:) the creatten of i
<br />"a tK+rcliasc rnor:c) sctiunty interest for houscfiald aPP4tatnt +. tc# a transfer by ieai._s. dss'rcnt or by uperyuon of law upon riu dra<th of a 3atnt
<br />truant f.r id) the grant of any leavhold interest of three team or Etas nor containing an notion to purchase. Lender may_ at Lender`s option,
<br />declare all the sums secured by this Deed of Trust too be immndcutly due and pa)altc. Lender shall have waived such option to accelerate if,
<br />_pnor to the save or transfer, Lender and the person to whom the Property v, to be sold or transferred reach agreement in writing that the credit of
<br />such person is sa[isfactory to Lender and that the interest payable on the vurnsimured by this Deed of Trust shall be at such rate as Lender shall'
<br />rivauest If 1. ender has waived the option to accelerate provided in this paragraph 1 -, and if Borrower's successor in Interest has e-..Zu ed a -
<br />"-nuen assumption agreement accepted in writing by- i_encier. Lender shall release Borrower from all obAgatiexes under this De et! of Trust and, _
<br />1t Lender exercises such op yon to accelcrate, t.endr shasi mail Boirerwr noucc -z a.:riraiion in actordartcc with paragraph 14 hereof.
<br />-`uch noticr shall prci,rde a period of not less than 10 elate t ri=,m the date [hc notice i, mailed within which Borrower may pay the sums dedared
<br />uuc, It B orrowc delis to pay such sums prior to the expiration of sigh period. Lerdcr inay, without feather notitY of demand on tiurrowa,
<br />en %eke an} remedies permitted by paragraph 18 hereof.
<br />vii -Ctid FC)RSt Ct7VENA_NTS_ Borrower and Lender (fcr+tcr coserart an l zgrec a, follow,.
<br />erg. Acceleration; Remedies, except as provided in paragraph 17 hereof. upon Borrowr's breach of say covenant or agrtewdtt of
<br />Harrower in this Used of Trust, including the covenants to pay when due any sums secured by this Deed of Trost, Leader prior to Ker eradesi
<br />shall mail notice to Borrower as provided in paragraph 14 bereof specifying; (1) the breach; 12) the action required to cure such breach; 131 a
<br />"date, not ieu Chas 30 days from the date of notice is mailed to Borrower, by which such breach must be cured; and (41 that fallare to care aaeb
<br />breach on or Wore the date specified Ia the notice may result Is acceleration of the sums secured by this Deed of Trust and Yak of the Property.
<br />. The sutler shall further adorn Borrower of the right to reinstate after acceleration and the right to bring a coati action to sisal the Son- _ ...
<br />exi fence of a default or so) other defense of Borrower to acceleration and sale. if the breach is not cored on or before the date specified to the
<br />notice, i.end" at LRoder's option ma) declare all of flat sums secured by this Deed of Trust to be immediately due and payable without farther - -
<br />demand sod me) Invoke the power of sale sod any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonabk
<br />cosh and expenses incurred in pursuing the remedies provided In this paragraph erg. including, but not limited to, reasonable attorney's fees.
<br />It the power of sak is Invoked. Trustee %W record a notice of default in each coum7y in which the Property or some part [hereof is Iocated
<br />and IW mail copies of such aotke to the manna prescribed by applicable law to Borrower and to the other persons prescribed by applicable
<br />- -low, . After the iapst of such time a may be required by appmcabk taw, Trustee shall give public Under of sae to the persons and in the manor
<br />esc--- ibesi by sp 5k isw. Trustee, without demand an Borrower, AW seff The Property it public suction to the highest bidder at the now
<br />and ON" sod soda the terms deslgoted is the notice of sak In one or more parcels sod in such order as Truster are) determine. Trustee ma)
<br />po 4ww mile of am or say parcel of the Property by public announcement at the time and place of era) previously, scheduled sale. Leader or "
<br />Leader's designee may purchase the Property at may sale.
<br />Upon retrept of payment of the price bid. Trustee shaft deliver so the purchaser Trustee's deed conveying the Ptoperty sold. The recitals in
<br />tort Teunisr's deed sham be prima rack evidence of the truth of the xtslements made therein. Trustee skall apply Our prot"dis it( the tiaak in the
<br />following order: IV to all reasonable rests and expenses of the salt, Nnclu4mit, but not limited to, Trustee's fees of not more [hero r, ._ - os
<br />of the Verrs sak prier, reasonable attorney's fees sod costs (if title evidencr; (b) to all suma srurad by this tired of bait, and tot the rurtss, it
<br />SAY. to the person of penom legally entitled Ibereto.
<br />IV &»town'%Right to Reiwsrale- ticat wtttistyndutr l.rud(t ,cetnr . a a r t ttzc lwn, xviir -„ t .. i hx <; , , 1t, i + "_ i,w - t,t= ? ac:
<br />=�x ' - sr afiy (r« to hnp,. 1regan rya 1 _ttfone 11", 4rc ;l o'- 1 t.�.. •. �i3 i,� ..,c vi a: t t a,c" i -. ,, ey.
<br />!fe pf i,pxir; {nr.uarl to Ow r,—,f of ealn . irio,rc. _ ..) .,iii I"-d , *r 1
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