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86_.105636
<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 mate an award or settle a
<br />claim for dainisses. Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Leader 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 Dad of Trust.
<br />Ualtss Lender noel Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due
<br />date of the moMW installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments.
<br />fit. Borrower No Ralanad. Extension of the time for payment or modification of amortization of the stuns severed by this Dad of Trust
<br />granted by Leader to any successor in interest of Borrower shalt 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 stems 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. Ferlranfnoe by iwder Not a Waiver. Any forbearance by Lender 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 insurance or the payment of
<br />taxes or other liars 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 Ganhtive. All remedies provided in this Decd of Trust are distinct and cumulative to any other right or remedy under this
<br />Dad of Trust or afforded bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13. Sascanesrs tad Amps Boats; Join and Se .a Liability; Capdois . 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 of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust
<br />arc 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 Dad 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 Leader as provided herein, and (b) any notice to I ender 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 Trost shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Uniforas Deed of Trust; Govershe Law; Sevenbility. 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 umform 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 Dad 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 />14. Borrower's Copy. Borrower stall 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; Aswisptios- 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 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 loin[
<br />tenant 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 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 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 successor 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 maai. 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 notice 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 18 hereof.
<br />NON- UNIFOR,tit COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />It. Accderatlos; Rns.edks. Except am provident In paragraph 17 hereof. apes Borrower's brsseh of my coveeeal or agreement of
<br />Borrower M ibis Deets of Trust, iscivalrtg the constants to pay when due any sass secured by this Dead of Trust. Issdier prior to acceleration
<br />shell sill sedee to Borrower as provided is perseraph 14 hereof specifying: (1) the Meech, i2) theisetsn r it I I to core such breach. (3) a
<br />do*, sot lei the 30 days from the date of notice is no" to Borrower. by which each branch asset be cared; said (4) no failure to care such
<br />beeseh a err before the time specified is the setice my ressh In acceleration of the suss - by thin Deed of Trom sd ask of the Property.
<br />The nation shell further harm Berner of the right to reinstate stiff aecderatles and the right to bring • court action to amen the non -
<br />ealetence of a hit K say ~ define of Borrower to sccckntlos and sale. It the breach k ON tared on or before the dale- specified in [be
<br />setla. Leaner al Lender's eprlee say decare all of the ssasn secas by this Dead of hest to be Iasasedlosdy dire W psy"lle witbout further
<br />desesed and assy invoke the power of ask sed any other reseedin permitted by applicable law. Leader shsB be estlr, to collect W reasonable
<br />esosbt nd expenses iscsrred is puraiug the eI 11 provided Is this paragraph 18. Including, but sot Bsdad lo. reasonable attorney's lees.
<br />If the power of ask L invoked. Trusser s►sR record a notice of defaah Is each county in wbkb the property or case pan thereof is located
<br />and 00 used copies of each notice is the sinner prescribed by appbmbk law to Borrower sal to the tither peewee peen by applicable
<br />low. After the love of such time as my be raqulred by applicable law. Trustee shell give public under of Isle to the persona and is the manner
<br />prescribed by appfiatble low. Trustee, without dansnd ou Borrower, AM [tail the Property at public awdes to the highest bidder at the time
<br />WA piste W under the tens dstdpoted is the notice of sale Is one or sore parcels and is such order as Trustee may desermise. T rastee envy
<br />poNpon a* of d or say pared of the property by public esnoun:emret at the Unit sod ph" of any previosdy, tcbedukd Bair. Lendrr nr
<br />Leader's deelpse my Psrcissr Me Property at say ask.
<br />Upon rardpe of Paymeral of the prise bid. Trustee shell deliver to the purchm" Trustee's deed reaveyisg the Roperty sold. The recitals in
<br />Ltine Trustee'$ dad eked be Pd retie "Were of the truth of the stele eats made the rein. rrmtee shall apply the proceeds of the sale in ttw
<br />following crier: (8) 10 err rsowsshk cents sect expenses of the ask. Including, but not United to. Trustee's fees of not more this
<br />of the green ask pace. ressessble sttersey'n few and row of dtk evidesce; (b) 10 all sums sectored by this Deed of Trust: sad (c) the exrecs, nit
<br />al., to the person or persesn legally eaddd thereto.
<br />H. Hamm a 's Right to Reinstate. Notwithstanding Lender's acceleration of the urns secured by this load of Trust. Pwtiouer ,t tl;
<br />the right to have anv prixeedmits hegun by Lendet it, enforce this hrrcl rat Tru,i dtaa ntiriued at env game prior m the earlier io o�ctu
<br />fifth day heftne the vale of the Properly pursuant 10 the power of sale routairtrd m the, (reed of Truss of iii} ends of a tusiBincm .w— ,
<br />Ueenj of Trull if ial Borrower ;Wye Lender all aunts which would t.,e then dt,c uaxlrr ih,, died +f [rat.;, thr ""A' ,J . J o '. ,, t -.
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