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86--105481
<br />by this Dad of Trout immediately prior to the due of taking bars to the fair market value of the Property immediately prior to the ditto 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 Leader to Borrower that the dwademaw offers to make an award or bottle a
<br />claim for damages. Borrower fails to respond to Leader within 30 days after the date such notice is mailed, Lender it authorised to collect and
<br />apply tba proeed, u Lender's option, either to restoration or repair of the Property or to the sums secured by this Dad of Trust.
<br />Unless Lander apt Borrower otherwise agree in wrltag, any such application of proceeds to priudpal "U not tatoad or postpone the due
<br />due of the monthly hatallma its referred to in paragraphs I and 2 hereof or change the amount of such inemBle li .
<br />10. Russia Not >Atkused. Extension of the time for payment or modification of amortisation of the amen sneered by this Dad of Trust
<br />granted by Laetler to any successor in interest of Borrower "I am operate to release, in any minim, the 1Mbilky of the original Borrower will
<br />Borrower's successors in interest. Leader shall not be requited to commence proceedings against web - saooNear or term to amend 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 smocaem in barest.
<br />11. Foilsman by I.eder Net a Waiver. Any forbearance by Leader in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shat) not be a waiver of or preclude the exercise of any such tight 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 Leader's right to accelerate the maturity of the hmWbodmu secured by this
<br />Deed of Trull.
<br />12. Mm"u Co mkike. 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. SeoaMmrs W ANWO BeeNW t JdM and Sava L Wblky; Captious. The covenants and agreements berdn 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 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. Nodes. 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 Taut 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 I coder shall be given by certified mail, return receipt
<br />requested, to Lender's addram stated herein or to such other address as Lender may designate by notice to Borrower u 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 />IS. U ifern Dead M Trust; Governing Law; SennYYHy. 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 Deed 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 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. Do wen'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 are Property; Assuetpioa. 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 lien or encumbrance subordinate to this Deed of Trust, (b) 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 (d) the grant of any k*sdzWd interest of three years or less not containing an option to
<br />purchase, Leader stay. at Lender's option,
<br />declare all the stems 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 sak or transfer, Lender 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 be 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 sucomm in interest has executed a
<br />written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all obligations under this Deed of Trust and
<br />the Note.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof.
<br />Such notice shall provide a period of not less than 30 days from the date the nude is mailed within which Borrower any 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 18 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. Aealeratlaa; Benders. Except as prodded is pa.-agraph 17 bereof, ape Borrower's breach of
<br />any rnveanet or agreement of
<br />Basrone in this Dad of Trust, faelding the covenants to pay n dow my assets seeursd y this Dead of Trust, Leader prior to acceleration
<br />mbd m" node #000 00 r us prodded a pragn*b l4 hereof spedfying: (1) tie bsmoc1 ; (2) the adios equised to tare socle breach: (3) a
<br />deem, sett im them 30 days freer the daft of notice is maid to Borrower, by which each bread oat be cued; and (4) fiat Imilmn to car* such
<br />Imsshch m or' I - - the date spoilW is the antes may rusk is apaderatloa of the were secare 'by this Dad of Trust end sale of the Property.
<br />The mode aW fimAher htfoeet Bsmwer of the right to siMmt afler aeedand m aad the ri& to brlag a cover acdoe to tlueera the men -
<br />eeishnn of a dahuk air ay either defense of Borrower in moduadee and sale. if the bread is also eased oa err beta the dale apaeilk/ its the
<br />modes. I I at LealWs option am declare all of the suns ssearn 'by this Deed of Tree to be' ... h doe seed payable wkioat further
<br />demand and a" lewabe the power of sale and ally odor easaedka 1 1---d by applcaNe law. Lamies alhd be megillai to eolue, d reasemhk
<br />ewes and apmaet incrrrW In pmrsmlmg the remedies pee v Is this paagaph 18, Including. but mot limited to, raamauaiie atormey's fee.
<br />If the power of seek Is Invoked, Trustee mW ram a modes of ddank to such comely is which the Property or saw part thereof is located
<br />and sleml anal copies of each monks Is the mhaaur prrer11 by applicaNe law to Borrower and to the other paaess proscribed by applicable
<br />law. After the laps of such Ideas a only be raI rni by applic" law, Tr i mew shed g1we punk notice of ask be on pesme and in the manner
<br />gins, - by spo leabk law. Trmmt e, whill dunned on Besrower, sW all the Property at penile nmcliem to the —@I bidder at the time
<br />and place and motor the I dedpoW In the mndas of sale In aces or aeon parcele and N each order as Tutu may deemrtmime. Trustee may
<br />payNe see of el err my peed of the Property by poWc amaaandsetem at the mete sod place of my powlemb wedded oak. Leader or
<br />Lssdev'm dnigaue an pmrsbaoe the Pis Wo 17 at any onk.
<br />lipam 1pt of pteynwe of the prim Md. Trusftm mW d*N 0 to the purchaser Trm do's Mad conveying the Property sold. The rccihis in
<br />cis T1`WW6 ON dml be priers fads ewUmeas of the Ovilb of the stateetemu wade tbereie. Truster shall apply the proheas , of the sale In she
<br />fa/owlag ado ter) N all imomabk deer sad eap kow of the sale, loclatlhg, but not NWwd to, Tr —we's fur of not atom them 3.O
<br />K she greet ale prig, eewom*k aatmnq's far and costs of We evidence: ib) to am sums secmrN by tbh Dmod of Tsuu; amd (c) the excess, if
<br />My, to the person or pmeaus kpft ODOM t homte.
<br />W Barowo's BigM to Naiaataie. Noawithatanding Lender's acceleration of the stems secured by this Deed of crust, Borrower .haifl hs. r
<br />the right to have any proceedings begun by Lender w enforce this peed of Must discontinued at any Lane print to the rbrhet to oc ter v �,
<br />fifth day before the sale of the Property pursuant to the power of teak contained in this Deed of 1 rust or (it) entry of a ludgment en6.n.: ;,W.
<br />[Mee of t'rdst if ice) IlMrower pays Lavtdci all sums which would he then dur under this [)cod of (rust, the Note and n,uc, cr.urrnh i
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