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Fr 86._ 10482Q
<br />by this i}:ed of Trust immediately prior to the date of taking bears to the rair market value of the Property immediately prior to the date of
<br />t.;king, with the balance of the proceeds paid to Borrower.
<br />It the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor ofrers to make so 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 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 1 and 2 hereof or change the amount of such installments.
<br />10, Borrower 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 trot operate to release, in any manner. the liability of the original Borrower and
<br />Borrower's successors in interest. Lerider 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 Lied of Trust by reason of any demand made by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Forbearance by [ender Not a Wmiver. 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 liew or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by ibis
<br />Deed of Trust.
<br />12, Remarks Cumulative. All remedies provided in this need of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of Trust or afforded by taw of equity, and may be exercised concurrently„ independently or successively.
<br />13. Successors and Assigns Bound; Joint and Several lJabWty: { sptfo s. The covenants and agreements herein contained shall bind, and
<br />',the rights hereunder shall inute to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17
<br />hereof. All covenants and agreements or Borrower shall t e Joint and se irral. The captions and headings of the paragraphs of this Deed of Trim
<br />are for convenience only and are not to be used to interpret or define the prsa.ivions hereof
<br />14. Notice. Except for any notice required under applicable law it, be iitis to in another manner,( a) any notice to Borrower provided for in
<br />this Deed of Trust shall be given by mailing such notice by tTroi,z d mail addre scd to Borrower at the Property Address or at such other address
<br />as Borrower may designate by notice to Lender as provided �etr.n and (b; any notice to Lender shall be given by certified marl, return.rereitrt
<br />requested, to Lender's address stated herein or to such other address as bender may designate by notice to Borrower as provided herein. Any
<br />notice provided for in this Deed of Trust shall he deemed to have oxen given to Bor.-owe- or Lender when given in the manner designated herein..
<br />IS. Uniform Deed of Trust; Governing taw; SeverabWty. This form of deed of trust combines uniform covenants for national use and
<br />non- uniform covenants with limited vacations t!v junsdiction to - -onstitutsi 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 anv provision or clause of this Dent of .
<br />-Trust or the Note conflicts with apphcatile tau. such ,.onnic shall noes affect other provisions of this Deed of Trust or the Note which can be '
<br />;given effect without the conflict ing 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. Bo!-owe* shall be f urmshed a conformed copy of the Note and of this Deed of Trust at the time of execution or
<br />after recordation hereof.
<br />-1" -. Transfer of the Prop"";. 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 la) the creation of alien or encumbrance subordinate to this Heed of Trust, Lb1 the creation of
<br />a purchase money security interest for housrhold appliance:.. ice a transfer by devise, descent or by operation of law upon the death of a. joint -
<br />tenant or tdi the grant of any leasehold interest cif three years or less not containing an option to purchase, Lender may, at Lender's option.
<br />declare all the sums secured by this eked of T, ust to be immediately diie and payable. Lender shall have waived such option uy accelerate if.
<br />prior io the sale or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreefhent in writing that the -Tedit of
<br />such person is satisfactory to Lender and that the interest ,payable en the sums secured by this Deed of Irust shall be at such rate as Lender shall
<br />request- if Lender has waived the option to accelerate pi ,rtdcd in this paragraph 17. and of Borrower's successor in interest has executed a
<br />written assumption agreement ac.epled in writing by Lender, Lender shall release Borrower from all obligation* under this Deed of Trust and
<br />the Note. - It Lender exercises such option to i �iidrr shalt -mail Borrower nouct of a,:ctleranon in aixordance with paragraph la hereof.
<br />Such notice shall provide a Wicri of not Ins t ^,a - tags tronc tote "VC !be uVoLt i% mai :rat within which Borrower clay pay me suit:.% declared
<br />due. If BOrtpwer fails (q pay such sums prior cs, The rxri;aiion of vu,,: period, Ixnder may, without furttirr notice or demand on Borrower. -
<br />invoke any remedies permitted by paragraph t N her io!. - - -
<br />NON-UNIFORM COVENANTS, B otrower mud fender further :csrnnut and ag!--t ,i, icuhi - -
<br />I0. Acceleration; Remedles. Fscept ass, provided in paragraph 17 hereof, apes Borrower's breach of any covenant or agreement of
<br />Borrower in this Diced of Trust. including the covenants to pay when dae any sums secured by this heed of Trust, lender prior to acceleration
<br />M" snail non" to Borrower as provided In paragraph ti hereof specifying. iIi tbt breach; (2) the action required to cure suet breuh: 43) a
<br />date, not less than 30 days from the date of notice Is mailed to Borrower. by which such breach must be cured; and (A) that falfnrt to care such
<br />breach on or Wort the date specified In the notice may result in acceleration of the soma secured by this Deed of Trust and sale of the Property.
<br />The notice stall further inform Borrower of the right to reinstate afar acceleration acid the right to bring a court action to assert the ago -
<br />eaurti see of a default or may other defense of Borrower to acceleration and ,ale. if the breach is peel cured on or before the date specified in the
<br />nsdee, 1.euder at Lender's option may declare all of the sums serared by this Deed or I net to be tmmed)aWy due and payable without further
<br />demand and may involve the power of sale and say other remedies permitted by applicable law. Leader shall be entitled to Miect all ressonabit
<br />costs and expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not limited to, reasonable *riot*", 's fees.
<br />If the power of sak is invoked, Trustee shelf record a notice of defau6 to such tonally in wtkh tbt Property or some part thereof is located
<br />and shall mail copies of such notice in the manner prescribed by applicable taw to Borrower and to ibt other patrons prescribed by applicable
<br />- - law. After rte lapse of such [tine as may be required by applicable law, Trustee shag give public notice of safe to the pemas and to the meaner -
<br />- .prescribed by applicable low. trustee, without demand on Borrower, tdatl self the Property at public auction to the highest bidder at The time -
<br />sod pieta said under the terms designated in the notice of sak In one or more parcels and in such order as Trustee may determine. Trustee tiny
<br />pastimes sak of all or say pareei of the Property by pubtle annouaicemeen of the time and piece of any previously scheduled sek. Leader or
<br />trader's dtsignet may purchase the Property at any ale.
<br />Upon reeNpt of payment of the price bid. trustee shall deliver Io cue porchasa Trustee's deal conveying the Property said- The rest" to
<br />the Irwalse s Meal shL be prima facie evidence of the truth of the statements made thereto. Trustee A&H apply the proceeds of the sale in the
<br />faBowtag order: tai to an reasonable to-IA 1;104 expenses or the safe. laciwtfng, but not limited to. 'T- rustee'* tees of not more than
<br />,d tot grass ask price, rtamrasisk atorwry's rtes had rose, of tick evideatt; list to all sums secured by this lived of l rest: and ter the tsetsc 41
<br />ant, no list pneun w persons ititally eac tle4 therein.
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