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8s- 105197
<br />y :.`.:s D c . -tat .nimdintely prier tc the date of taking bears to the far market value of the Property immediately prior to the date of .
<br />taking, with the oalance 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 settlea
<br />claim for damages. Borrower fails to respond to Lender within. 34 days after the date such notice L mailed, Lender is authorized to colleen and
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<br />apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sutras 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 tioi Released. Extension of the time for payment or modirkation of amortization of the sums sectored by this Deed of Trust
<br />granted by Lends to any successor in interest of Borrower shall not operate to rekast, in arty mantic. the liability of the original Borrower and
<br />Botmw•er's successoi c in interest. Lender shall not he 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 Borrower
<br />and Borrower's successors in interest.
<br />11. Forli a ussor by leader Not a waiver. Any forbearance by Lender in exercising air, tight m remedy hereunder•. or otherwise afforded
<br />by applicable law, shall not be a waiver of or preclude the exercise of any such right or rand-. The procurement of insurance or the payment of
<br />tastes or other liens or charges by Lender shall not he a waiver of Lender',, right to accelerate the maturity of the indebtedness secured by this
<br />Deed of Trust.
<br />12, Remedies Cumulative. .A l remedies provided in this Deed of Trust are distuir, and cumulative to any other right or remedy tinder this
<br />;Deed of Trust or afforded by. law or equity, and may. be caercsed concurrently. indep4mdenth or succrosivety.
<br />13. Sacermon and Assigns Bound; Joint and Seveai Liability; Captions. The covenants and agreements herein contained shall bind, and
<br />*.her rights hereunder shall inure to. the respective successors and assigns of Lender and Borrows, subject to the provisions of paragraph 17
<br />.- :le -ecif. Ali 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 he given m anottter manner, tal anv 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 Lends as provided herein. and (b) any notice is ; cruder shall be given by certified trail, return receipt
<br />requested, to Lender's address stated herein or to such other address as Leger may designate by notice to Borrower as provided herein, -An?;
<br />notice provided for in this Deed of Trust shall be deemed to have hem given to Borrower or Lender when given in the manner designated herom-
<br />15. L oifmm Deed of Trust: Governing Law, Severabiiity. This form of deed of trust combines uniform covenants for stational cussc and
<br />;ton- uniform covenants with limited variations by jurisdiction to constitute a uruf r. en secants 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 Deed of
<br />Trust or the 'Vote conflicts with applicable law, such conflict shall not affect oohs 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 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 ail or anv part of the Property or air interest therein is sold or tranfered by Borrower
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<br />without Lender's prior written consent, excluding (a the creation of a liert or erg, rmbm. r ce subordinate to this Deed of Trout, (c) the creatitse of
<br />a purchase money security interest for household appliances, (0a transfer by devise, descent or by operation of law upon the death of a joint -
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<br />tenant or (d) the grant of any leasehold interest of three years or less pct containing an option to purchase. Lender spay, at Lender's option,
<br />declare 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 • Lender and the person to whom the Property is to be sold or transferred reach agreement. in writing that true credit of,
<br />such person is sansfactorx to Lender and that the interest payable on the sums secured by this Decd of Trust shall be at such rate as Lender shall
<br />- If Lender has waived the craon -o accelerate provided to this paragraph I', and if Borrowers successor in interest had execrated a
<br />.request -
<br />" - written assumption agreement accepted in writing i,v Lender. Lender shah release borrower from all ob4ganems undo this Decd; n Trim and
<br />the Note.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 34 haeof-
<br />- Such notice shall provide a pericid of not less than 34 days from the date the noti_e i, mailed within which Borrower max pay the sutras declared
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<br />- due. If Borrower `ails to pax such sums prior to the expiration of <uch Period, lender mss, without further notice or demand an Borrower,
<br />in, oke any remedies permitted fvx paragraph 18 hereem -
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<br />%ON'- L71V1FORM COt'EN.4 \'TS. Borrower and Lender further covenani and agree a, follows:
<br />10. Acceleration; Remedies. Except as provided in paragraph 11 hereof. upon Borrower's breach of erns covenant or agreement of
<br />Borrower in this Deed of Trust, including the covenants to pay -ben due any sums secured by this Deed of Trust. Lender prior to acceleration
<br />shall mail notice to Borrower as provided in paragraph 14 bereof specifying: Of the breach; (2) the action required to curt such breach: (3l a
<br />date. not less than 30 days from the [late of notice is mailed to Borrower, by which such breach most be cared; and (4) that failon to curd eacb .
<br />breach on or before the date specified in the notice may remit in acceleration of the sums aexatert by this Deed of Trust and sale of the Proper,
<br />TIse notice shall farther Inform Borrower of the right to reinstate after acceleration and the right to bring a coon action to amen the none
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<br />existence of a default or any other defense of Borrower to acceleration and sale. if the breach is not cared on or before the date specified in the
<br />motke. Lender at Leader',, option may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further
<br />demand ad my Invoice the power of yak and my other remedies permitted by applicable law. Lender shall be a added to collect all reasonable
<br />costs and expenses incurred in pursuing the remedies provided in this paragraph 18, including, but ant Limited to, reasonable snorney's fees,
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which the Property or some part thereof is located
<br />and sha0 mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed ley appbcabk
<br />law. After the impose of such time as may be required by applicable law, Trustee shill give public notice of sale to the permas and in the manner
<br />prescribed by applicable pow. Trustee, without demand on Borrower. shall sell the Property at public auction to the highest bidder at tine time
<br />and place sad under the terms designated in the notice of sale in our or more parcels and to mcb order as Trustee may determine. Trustee may
<br />postpone oak of all or my parcel of the Property by public announcement at the time and place of any previously scheduled ask. lender or
<br />Leader's designer my purchase thr Property at any ask.
<br />llpoet receipt of payment of the price bid, Trustee shall deliver to the purchaser Truster's deed conveying the Property sold. The rrcitab in
<br />the Trustee's deed shall be prim fork evidence of the truth of the statements made thercie. Trustee shall apply the proceeds of the sale in the
<br />following order: tat to sic reamaahk costs and ripeness of the ask. including. but not limited to, Trustee's fees of not most than . _ ' . cx
<br />of the gross ask prior, rtaseaabk attemuey's fees and costs of title evidence; ibr to all suers secured M this Deed of Trust: and ice the exce", it
<br />eras, to the prmon in patrom hep;shly entitled therein.
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