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<br />86- -104950
<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 stuns 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 not operate to release, in any manner; the liability of the original Borrower arxi
<br />Borrower's successors m 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 Decd of Trust by reason of any demand made by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Forbammece by Lender Not a Waiver. Any forbearance by tender in exercising any right or remedy hereunder, or otherwise afforded -
<br />by applicable taw, shall not be a waiver of or preclude the exercise of any sucb tight or remedy. The procurement of insurance or the payment of
<br />taxes or other liens or charges by Lender shall not be a waive: 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 feed of Trust are distinct and cumulative to any other light or remedy under this
<br />Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively.
<br />13. Succi mon and Assigas Bound: Joint and Several iiabilRy t 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 17
<br />hereof. All covenants and agreements . f Borrower shall be joint and several. The captions_ and headings of the paragraphs of this Deed of Trust
<br />are for convenience only and are not to he used to interpret or define the provisions hereof.
<br />14. Notice" Except for any notice required under applicable law to be p, en in another manner, ta) any notice to Borrower provided for in
<br />this Deed of Trust shall be given by mailing such notice by etrnf:ed mail addrecstd t.: Berrowcr at the Property Address or at such other address :
<br />as Borrower may designate by notice to Lerner as provided herein., and (bi any notice to tender shall be given by certified mail, return raxipt
<br />requested, to Lender's address stated herein or to such other address as Lender =stay designate by notice to Borrower as provided herel- Any :
<br />notice provided for in this Deed of Trust shall be deemed to have beet given to Bon c wee or Lender when green in the manner designated therein..
<br />15. Uniform Deed of Trust: Governing Law: SeverabBdtq. This form of deed of trust combines uniform covenants for national use and
<br />nonuniform 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 tae Propert) ' is located_ In the event that any provision or clause of this Decd of
<br />- Trust or the Note conflicts w; h appdi—bie iaw, 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 Cop). 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 part of the Property or arc interest therein is sold or transferred by Borrower
<br />without Lenders prior written consent, excluding tar the creation of a Kerr or encumbrance subordinate to this Dad of Trust, (b) the creation of
<br />a purchase monc°y secur_!y interest for household appliances, tc1 a transfer by devise, descent or by operation of taw upon the death of a joint
<br />tenant or (d) the grant of any leaschold interest of three years or tens nor containing an option to purchase. Lender may, at Leaders option,
<br />declare all the sums secured by this Deed of Trust to he itrrnerdiately due and payable. Lender shall have waivers such option to accelerate if,
<br />prior to the sale or transfer. Lender and the person to w=hom the Properly i_s ro be saW o- transferred reach agreement in writing that the credit of
<br />such person is satisfactory to Lender and that the interest payable on the sums sectored by this Deed ref Trust shall dear such rate as Lender shall
<br />request. If Lender has waived the option to ai:ceierate provided in this paragraph r', and if Borrower's successor in interest has executed a
<br />w'ritten assumption agreement accepted in wasting by (..ender. Lender shall release Borrower from all obligations under this Deed of Tntst and
<br />the (vote.
<br />if Lender exercises such option to accz;crate, -nee shall mail Borrower noted Of acealefation In accordance with paragraph 14 hereof`.
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<br />Such notice shall provide a period (if not less than 70 nay's from the date the nonce mat ed within which Borrower may pay the sums declared
<br />due. If Borrower fails to pay such sums p, lot io the expiration, of such period, Fender roar. without further notice or demand on Borrower,
<br />invoke any remedies permitted by taragraph ! s gierrot -
<br />NUN -UNIFORM COVENANTS. Borroweramn tender t:.;rthc cotenant an, agretas folio.,
<br />Ilk. Acceleration: Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of aav toveanat sir exreceeot of
<br />Bertvwer in this Deed of Trust, including the covenants to pay -ben due an% soma secured bi this plied of -rru». Leader prior to acceleration
<br />shall maul notice to Borrower as provided in paragraph 14 hereof specifvins• (I I the breach: (2) the action required to cart sad be :13) a
<br />date. not leas than 30 doe from the date of notice is maiied to Borrower: by which sack, brocb must be cured; and tot that failure to cure such
<br />breach on or before the date specified in the notice may result in atrekratio i of the sums secured b) tide Deed of Trust and shot of th a Property.
<br />The notice shall fertber inform i arrower of the right to reinstate after iccekrsd" Said the right to bring a Covet woos to ahaert the! Von -
<br />esisteam Of a defaait or on) other defense of Borrower to aceetersdoe had ale. If the breach is not cared on or before the date specified in the
<br />tontine. Leader at Leader's option ran) declare all of the sums seared by this Deed of Tram to be immediately Sae and payable without fsrtffier
<br />demand aid may invoke fir power Of sale and Say other remedies permitted by applicable law. Leader shall be coddled to coned tB rrhsomabir
<br />costs and expenses incurred in purindug the remedies provided to this paragraph 18. int3adtag but scut limited to,
<br />reasonable . vYeraet °s rtes.
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<br />If the power of ask is invoked. t nouter shall record a notice of default is each county in -wioti the Ptopell or some part tieyzo# is loaiferi
<br />- dad sisal MW conks Of such nom m tree manner prrsrribed by appleahk low to Borrower had to the other persons prescribed bi appirrabie -- -
<br />law, Afaer the Input of such LINK as maybe required bt applicable law. Trustee shall give Public notice of ask to the persons and to the manner
<br />pfnct bed b) appiiable taw. T rusae, withOvI demand on Borrower. shall Kell the Property at public auction to the btgbcst bidder at the time
<br />and piece sad wader the terms designated in the notice Of laic in One of more parcels and in such order as Trustee may deterutim. Trustee ours
<br />"4mm snot Of 11111 or uy parcel of tie Property fit public unoaacemrot at The time and place of any previously scheduled Side. Leader or
<br />1.eadef's desigare rant purcl me the Property at Say sale.
<br />Upon rtrceipt Of payNehi Of the pike bFd, Trasue shall deliver to the purrbSSer'frisstee's deed conveying the Property %old- The retitsds in
<br />the Treat's deed SW be prime fncir evidence of the truth Of the statrmeaLs made rperria. Trustee shall spph the protevds of tie seek in tie
<br />tOOaw rag Order is) to dl reasowble rests had expesites of the sale. Winding, but nor limited to. Trusiet's fees of oat more than ri .
<br />Of the truss seek price. reseuvabir stiorls"'s fees and coots Ot title evidrnre; fbi to s11 sums secured by this Ilsed of Trays; slid mci The r%mfo, if
<br />any, it tow ptfum ,n peruins badly entitled thereto
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