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86-'- 104898
<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 />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 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 I 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 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 Borrow
<br />and Borrower's successors in interest.
<br />11. Forbearance by Leader Not a Waiver. 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 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. Remedies Cumulative. All remedies provided in this teed 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 maybe exercised concurrently, independently or successively.
<br />13. Successors and Andifen Bound; Joint and Several Iiabiitty; Captions. The covenants and agreements herein contained shaft bind, antl
<br />the rights hereunder shall 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 he joint and several. The captions and headings of the paragraphs of this Deed of Trust
<br />are for convenience only and are not to be used to interpret or define the provisions hereof.
<br />14. Notice. Except for any notice required under applicable law to be given 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 la 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, returit receipt
<br />requested, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Airy
<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 Deli of Trust; Governing Law. Severabillity. 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 Dad 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 effec, without the conflicting provision, and to this end the provisions of the Deed of Trost and the Note are deciared 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 />-
<br />aiter recordation 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 />without Lender's prior written consent, excluding (at the creation of alien or encumbrance subordinate to this Deed of Trust, (b) the creation of
<br />a purchase money security interest for household appliances. tci 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 Lee -s option, -
<br />avelare 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, tender 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 he at such rate as Lender shall
<br />request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has c- - cuted a
<br />written assumption agreement accepted in wetting bs Leader. Lender shah release Borrower from an obiigattow under this Deed of Trust and the N—.
<br />if Lender exercises such option to accelerate, I. ender shall maxi Borrower notice cif a celeration in accordance with paragraph 13 hereof.
<br />Such notice shall provide a period of not le : n: ir, 10 days from the date the notice is mailed within which Borrower may pay the sr^ts declared
<br />clue. If Harrower failk to pay such sums prior to the expiration of such period. tender tray, without further notice or demand on Borrower,
<br />invoke Any remedies permitted by paragraph iii hereo',. - - -
<br />NON-t: N t FORM CO V E N ANTS. Borrower and Lender furzher :ov-enam and agree as t ollows: -
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 betrof, Upon Borrower's breach of any CO V ension or ageaenaeat ^f
<br />Borrower in this teed of Trust, including the coveaaob to pay when due any sow severed by this Deed of bust, Leader prior to acceleration
<br />shall mail notice to Borrower as provided in paragraph 14 hereof specifying, tit the breach; (2) the action required to cant such breath, t3l a
<br />ante, not less than 30 days from the date of notice is mailed to Borrower, by which such breach muss be cured; and (4) that failure to ewe 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 sad sale of The Property.
<br />Tat notice shell further inform Borrower of the right to reinstate after acceleration and the right to bring a coon action to assert the nou-
<br />existence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the
<br />notice, leader at Leader's option rata) declare all of the sums secured by this Deed of Trust to be immediately due and payable without further
<br />_ demand anal may intake the power of ask and an) other remedies permitted by applicable law. Lender shall be entitled to collect all reamsable
<br />costs And expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited ;o, reasonable attoraey "t fees.
<br />if the power of sale is invoked, Trustee shill record a notice of default in each count) in which the Property or some pan thereof is located
<br />and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed b) applicable
<br />law. After the lapse 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 />Prescribed by applicable hw. Trustee, without demand on Borrower, shall no the Property at public auction to the hialhest bidder at the time
<br />and plant said aadtr the terms dr ltd in the sate €T of saw in one or mart parcels and is such order as Trustee a °icy determine_ Trustee me)
<br />postpone sale of all or era) parcel of the Property by public announcement at the time and place of an) previously scheduled sak. Leader or
<br />reader's designee may purchase the Property a era) sale,
<br />UP" retdpt of payment of the price bid, Trustee shall deliver to the perchwer TnntWit deed convr)ing the Property sold. The rechah in
<br />the Trwtae's deed shall be prima facie evidence of the truth of the statements mode thereta. Truster shall apply the proceeds of the sate in the
<br />following order. tai to all reasonable casts used expenses of the sale, including, but not limited to, Trustee "s fees of not more than , .3 ''v
<br />. of live grew, sak price. reasonable stiorwy "s fees and cruets of title evidence; (bl to all sums secured by thin Deed of mutt; and tci the execs%, if
<br />saw, to the person of Pertains kppy retitled thereto.
<br />T'+, Borrower's Right io Reinstate. ,V,itwnhattmdtng 1 cndcv b, tni± 1ten3,,t Trtn,- It;.. : =,v x,. Omit have.
<br />0r uyin . a. :-sy t +,(,eeclipii, ttieF'W be t rndtr I,= rnto"c thiN Ot.'d „f T..,,t �)'- ,ca3.n,��d a�. ;e y ,. to t•n, - ; -tie .r; r � � -.. cl the
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