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86-'a 10995
<br />by this Deed of Trust immediately prior to the date of taking beaus 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 />due of the monthly installments referred to in paragraphs l and 2 hereof or change the amount of such installments.
<br />10. Borrower Not Releaad. Extension of the time for payment or modification of amortization of the stems secured by this Deed of Trust
<br />granted by ).ender to any successor in interest of Borrower shall not operate to release, in any manner, the IiabiUty 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 mollify amortization of the sums secured by this Dad 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 m Waher. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shall not he 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. Reredle Conasative. All remedies provided in this Deed of Trost are distinct and cumulative to any other right or remedy under this
<br />Dad of Trust or afforded by law or equity. and may be exercised concurrently, independently or successively.
<br />13. Soccomrs and Assign Bontad; Joint and Seven) LIsbIBq; Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shalt 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 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 to 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, return 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. Any
<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 />13. Usiform Deed o(Tnst; Goversing Law; SesenblBty. This form of deed of trust combines uniform covenants for national use and.
<br />non- uniform covenants with limited variations by iurisdiction 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 she Property is located. in the event that any provision or clause of this Dead 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 effect without the conflicting provision., and to thts end the provisions of the Deed of Trust and the Note an declared to be severable.
<br />it. 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 />after recordation hereof.
<br />17. Transfer of the Property; Assumption. If all or any pan of the Property or an interest therein is sold or transferred by Borrower
<br />without Lender's prior written consent, excluding (a) the creauen of a tun or encumbrance subordinate to this Deed of Trust, ib) the creation of
<br />-a purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of Law upon the death of a joint
<br />tenant or (c() the grant of any Icasebold interest of three years or less teat communing an option to purchase, Lender may, at Lender's option,
<br />declare all the sums secured by this Dad of Trust 'o be immediately due and payable. Lender shall have waived such option to accelerate if.
<br />prior to the sale or transfer, Lender and the person to whim the Property u to be sold or tramaferred 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 thus Dad of Trust shall be au such rate as Lender shall
<br />request. if Lender fuss waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in :merest has executed a
<br />wnuen asumpuon agreement accepted in writing by Lender. Lender shalt release Borrower from all obligations; under this Deed of Trust and
<br />the Lvota.
<br />If Lender exadism such option to accelerate. Lender shall retail Borrower noucc of acceleration in accordance with paragraph 14 hereof.
<br />Such notice shall provide a period of not icss t:ian 30 days from the date the notice ai mailed within whtch Borrower may pay the sums declared
<br />due. If Borrower fails to pay such sums pn it to the expiration of such period, Lender tray, w -ithout funkier nonce or demand on Borrower,
<br />invoke any remedies permitted by paragraph IS hereof
<br />NON- L'NiF01M COVENANTS. Borrower and Lender funf— _oven_.ht and agree a, foilows.
<br />10. AecelermUse; Ret see". Fscepi as provided in paragraph 17 beroof. apace Borrower's breseb of asy coveaamt or agreement of.
<br />Sorrow in ibis Deed of Trot, isclMly the covenants to pay wbes doe any sues new ed by We Deed of Tau. Leader, prior to aacderstias
<br />ebaY mad •odor to Borrower as provided In paragnpi 14 bervof specifying: (1) the beech; (2) the action required to cur: smcb breach; (3) a
<br />cede, not des than M days from the tirade of sober is mWe1 to Borrower. by which smcla bread mat be ward; and (4) that fallen to can such
<br />breocb on or before the date specified Is the stoder my resmh is worlsrad" of the isms secured by this Deed of Tract aced seek of the Property.
<br />The enter &W farther Werra Borrower of the rigid to Maslow after sccaI 1 os sad the right to brat a court sell" to secret the coo-
<br />vabtesa of a aefoult or any otbes defssse of Borrower to acceleration and rte. It the breocit Is awe cared os or before the date specified in the
<br />notice. Leader at leader's opdos slay dveiare all of the soma eecated by this Dad of Tram so be budateiy der ssd pyshk wisboot htrtber
<br />d erred mod me) Invoke the power of sale aid any otber remedes ponaltted by appucaMr taw. Leader shall be esstltk' to co*d mH rim waW
<br />emu mod evpems Incurred is pining the mosedbs peov(ded to this peatraph It, lmdeffist, but not United to, reasosab,, anoraey's tees.
<br />It the power of sale Is Invoked, Trartee sbad record a aodee of defsuh is orb roomy in whick the P.operry or some part therrof is located
<br />MW shad Mod coplev Of suck butter Is the mamser PreK"bed by appUcabk law to Borrower mad to the other persons proscribed by rippUmbk
<br />- - -- - -- _ law. After tie apm of etch time as my be repaired by applicable law, To mat AM t he public sotict of sak to the
<br />person sad to the mostsrr
<br />inemiiird by app0cable taw. Trustee. without dammad p Borrower, &W all tbt Property at pab)k +•trios to the b1glaw bidder at live dow
<br />mad place said mader the terms desigmmW is tie *Pelee of ask to one a more prods asd to such order as T rustle my deterasin. Trustee may
<br />postpose vole of nit or any parcel of the Property by pbhc omww ceramt at the time mud pace of may previously sebedaled sae. Lender er err
<br />)ender'• dmlemor may parcham the Property a any seek.
<br />4 pea rmceIf of pyssrel *(the price bed, Trustee shad deliver to the purcbarer Trwtee's teed conveying the Property said. The rethink is
<br />The I!wal"'s dead Aad be palm tack evidasee of the truth of the stmtentesu made liberals. Trustee shall apply the procotds of the sae to the
<br />foliowl" order• tai to all rewomabie costs aW ettpestsn of The vale, laclu0mg, but not limited to, Trum"'s fees of not more tbas _.. -. c$
<br />set The grow seek piles, resseyable ahorn)'e fen reed awn of title rvtdroce; i.b) to all sums secured by ebb teed of 'fruit; and tc) the ex tsia, if
<br />*at. an the prrwa or persons legally, rsntled Ilieraa.
<br />M barrower'r Rftai to Reinstate "i .twsthsl;.ti.t[ntj Lender -c a.. clef At +.t,., ;he ;ut;i, ,eca,tr„ t,l iris' i)ee+f :" T- -u,t., Ro,T,,_tV +.hai; hja
<br />-:v Vo _ - ns.t ac,, , ,xaaslnax beal, 7,i t ai,S. = nf;w,- this f,n , `- ; n.a= .: a... ..,.e,.,hl as C', ;.enc , "rtt t 0 lac :X zICT a • , , 1 ,, the
<br />'.PG is tx!,-t "r •Mir _t :?ac t't rte^ ^ - -, r,_.tuail[ t, the t ei 1-'f "it 1'41 i,llne'i .. t'an ilrf,l .,' i.�, .,a .,• en L'= ,.s ,t - v.fgn]cnt : 1_ - �,a .`.-
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