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86- 104936
<br />by this Deed of Trust irnniediately prior to the date of taking nears to the fair market value of the Property tmmerhareiy 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 />c iaim 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 mtlde by the original Borrower ,
<br />and Borrower's successors in interest.
<br />I1. Forbearance by Leader Not a Waiver. Any forbearance by Linder 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 insttrattee or the payefent 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 Comalative. 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. Secession sad Assigns Bound; Joist well Several Liability; Captious. 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 17
<br />hereof. Ail covenants and agreements of Borrower shall be Joint and sc%eral. The captions and headings of the paragraphs of this Deed of Trost
<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 1p�en to another manner, (a) any notice to Borrower provided for in"
<br />'this Dad of Trust shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at stteh other address
<br />as Borrower may designate by notice to Lender as provided herein, and (b) any notr,e to Lander shall be given by certified mail, return receipt
<br />equested. to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any
<br />notice provided for in this Reed 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 Trust; Governing Law; 5emability. This form of deed of trust combines uniform covenants for national
<br />use and
<br />nonuniform covenants with limited varaticiris by jurisdiction to ca nstitute a uniform security instrument covering real property. This Dad of
<br />Trust shall be governed by the law of the jurisdiction in which chi Propeny 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 £hail not affect other provisions of this Deed of Trust or the Note which can be
<br />given effect without the conflicting proytsion, and to this end the provisions of the Deed of Trust arid the Mote are declared to be severable.
<br />16. Borrower's Copy. Borrower shall be `ucnrhed a conformed ropy of the 'dote and of this Deed of Trust at the time of execution or
<br />"':'after recordation hereof.
<br />17. Trander 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 (a) the creation of a hen or encumbrance subordinate to this Deed of Trust, tb) the creation of
<br />a purchase money security interest for household appliances, to a transfer by devise, descent or by operation of law upon the death of a joint
<br />'renant 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 stems secured by this Deed of Trust to be immediately due and payable_ Lerida 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 said ar 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 Lender has waived the option tees acceleratc pno:ided in this paragraph 0, and if Borrower's suc.^eswr in interest 1, executed a
<br />written assumption agreement accepted: in writing b., L ender, L. order .hail release Borrower from all obligations wider this Decd of Trust and
<br />the Note.
<br />If Lender exercises such option to a.ceierarc l : ryder shall mail Borrower nou r of acceleration in accordance with paragraph 14 hereof.
<br />notice shall provide a period of not !w than 36 d «c trom the date the nmice 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 15 here,,? .
<br />NON- UNIFOR.tit COVIHNANTS. &rrruwer and Lender fwtntr �o,enant and int,re a, follows
<br />10. Act'elere"s; Remedies. Except as provided in paragraph 17 hereal, upon Borrower's breach of any covenant or agreement of
<br />,Burrower in this Deed of Tram, including the covenants to pay when due any sums second by Uric Deed of Trust, Lender- prior to acceleration - - -
<br />_ shall mail sotice to Borrower as provided in paragraph 14 hereof specifying: t I r the breach; (2) the action required to rare such breach 0) a- -
<br />dale, not kris than 30 days from (be date of notice Ls msikd to Borrower, by which such breach must be cured; and (41 that failure to cure such
<br />breach on or before tke date specified In the notice may, result in acceleration of the sums secured by this Decd of Trost sad sake of the Property.
<br />- Tar amen sit" further inform Bomwer of the right to reimiste after acceleration and List right to bring -a court action to assert the nos- - -
<br />existence of a default or try other defense of Borrower to wcceknr3w and sae. if time breacb h sot cured on or before the date specified in the
<br />notice, Leader of leader's option may declare all of the sums secured by this Used of Trost to be (m nisliately. due and payable witiloui further
<br />demand sad may Invoke the power of sale sad say other remedies permitted by applicable law. treader %ball be catited to collect all reasonable
<br />costs sad txpeares incurred pa pursuing the remedies provided In this paragraph 19. led adiag. but not limited to, reasonable sttorary's Tres,
<br />if the pourer of seek is invoked, Trustee shall record a notice of default is ewes county in watch the Property or some part ref i located
<br />and $hag ta" copies of such notice its the maaiier prescribed by appdicalsk lea its Borrower and to the otber persons prescribed by appiwabk
<br />law. Oats the lake of act* rte, as may be required by appikabk law, i raster shag give public notice of sale to the persons and in the manner -
<br />prescribed by applicable low. Truett, without demand on Borrower. slap sell tke Property at public auction to the highest bidder at the flint
<br />-.rand Pisa sad sesdte the terms designated in the notice of ale in ost or more parcels and is seek order as I ranter may defer mine. Trustee mmy
<br />postpone sale of all or try paretl of the Property by public aanumncesseas at tier that and place of asy previously scisedaed sale . Leader or
<br />leader's designer any parebase t4 Property at say seek.
<br />I lue retslpe of payment of the price bid. 'fruseet shalt deliver to for purchaser Trustee's deed conveying the Properly sold. ife M-itab in "
<br />:iir Trumm's dead shall be puma facie evidence of the trolls of the staleracots made tbrreis, Trustee shall splits tht prtneeds of the sale in ibr
<br />fotiowly Ord"' (s) le ON rewsushe costs and tapetnes of five sail, imciodisg, bat not limited tn, .l mire 's Tres of not stair tbaa
<br />of aft gross sae price, rvssonabir attorney's Tres and cost$ of tick r,uleace. tb) to All scams secured by this Deed of t ruu: sad w¢ - -, tM' eatcss, it
<br />sae, w tat person of persoas legally rslltleli theme
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