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86-- 105639
<br />by this Dept 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 dam ems. Borrower fats to respond to Lender within 30 days after the date rich notice is mailed, Lander 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 Leander mad Borrows otherwise aRor in writing, any such application of prooplds to principal shW trot extend or postpone the dux
<br />due of the monthly, imi allmems referred to in paragraphs 1 and 2 hereof or change the amount of such imtsummu.
<br />IL Batrowsr Ni 10din sed. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />granted by Leader to nay successor in interest of Borrower shall not operate to release. in any manner , the liability of the original Borrower and
<br />Borrower's successors in interest. Lender shW not be required to commence proceedings against such successor or refuse to extend time or
<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. FwMuaaoe by Lender Not a Waiver. Any forbearance by Leader in exercising any right or remedy hereunder, or otherwise afforded
<br />by app)icabk 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 liar 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 Trost.
<br />12. Yamada Camokdw. All remedies provided in this Dad 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. Suauwnss and Assign Bents; 7oiat sad Several IJWW&r. 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 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. Nerve. 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 testified mail addressed to Borrower at the Property Address or at such other address
<br />as Borrower may desigm ue by notice to Lender as provided herein, and (b) any notice to I ender shall be vm
<br />O by certified mail, return receipt
<br />requested, to Leader'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 Dad of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />13. Uniform Deed of Trust; Govamfag Law; SeverarWty, 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 witboat the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />lf. Bersowes s Copy. Borrower shall be tarnished a conformed copy of the Note and of this Dad of Test at the time of execution or
<br />after recordation hereof.
<br />17. Tramehr of the Property; Assumption. 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 Trout, (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 leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option,
<br />declare all the sumn 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 ;o 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 mail Borrower notice of ac rhxation 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 - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />13. Atcdaadea; Remedies. Exer" as provided is paragraph 17 hereof. apes Borrower's breath of my covenant or npeemeat of
<br />Do now In this Deed of Trust, heading the dw.wnt to pay when due any sums secured by " Dead of Trust, Leader prior to acceleration
<br />Ad mail eotioe to Dw ones as provWW in paragraph 14 hereof specifying: (1) the beaei; (2) the mcdoet if I I to case such breach; (3) a
<br />due, act less lima 36 days from the Passe of notice Is muted to Borrower, by which soeh l . must be eared; and (4) that fmllnse to care such
<br />branch an w below the die specified Is the erotica my rate I In acceleration of the sour aecarai by this Deed of Trust and sale of the Property.
<br />Tie ea-1 shd fee dw (storm Bmerewtsr of tie eight to MOM* after acedtYarea and the eight to lid" a cow action to mssen the son -
<br />wlssemee of a - I — or nay other defense of Do one to acceleration mad oak. U the Preach is ON cased an or' -I the due specified In the
<br />adke, Leader at Lender's optloa aq 1 ase all of the soar tucwe I by thin Deed of Trust to be isawediatsly der and payable wNhoel further
<br />demand and cosy Invoke the power of Oak and nay other remedim permitted by oppYemik brim- leader shall be eedded to collect all rasoembie
<br />cots and etgaru Incurred In pursshg at rt svies provided in this paragraph 18. hchdIng, but sot Bmiaed so, reasmaaik atiormey's fora.
<br />U tie poww of seek s Invohd, Trnste shd rearm a aetta ef defatdt is each county in which the Property or some pan thereof is located
<br />mW aid mail eoplm of much modest In the mmansr prwerYa I by sppYpbk law to Borrower and to the other persons prescribed by applicable
<br />law. Aner lir laptr of such lime w may be required by applle"k law, Trustee aW give Palk sutler of ask to tiro persons and in The manner
<br />preseelie - by 11 11 law. TruNW, w)doot demand on Ba 9"et shall sell the Property at pubYc aunlas to the hlghevt bidder at the time
<br />and place tad Oder the terms dadpamled in the me" of safe is one or moor parcels and In such order to Trus me may deservalee. Trustee may
<br />pas*eee aide Of d w NO parcel N the Property by pnNk aanesommeel at the dime ad place of may previewly achdaled safe. Leader or
<br />iwaisr's imsigi may pareiase rile Property as may ask.
<br />Upw rotelp of gym m of the price bid, Trainee shall deliver to the parciwer TruNee's deed conveying tie Property void. The rrcitals in
<br />tar Tri stae'a dead dog he prlan fad* evidence of the truth of the staKSeds am . therein. Trouser Simi apply the proceeds of eke tale in the
<br />loiowhg dada►; (a) to an raasoeahle cost ad trapasu of the ask, including, bet not Nmhd Io, Trustve'e faro of as morn them -
<br />t`
<br />Of the gran side pales, nwosihk a llOrWy's feu and cow of tick evideate; M to all soma sneered by thin fled of Treat; and (r) the excess. If
<br />sty, ho sir psrsoe or parson k6m* eiitied therein. )
<br />1!. Borrower's RISM to Reirtlstt. Notwithstanding Lender's accdcrat,on of the sums secured by this Deed of Trust. Holt ctwe. <hall ',:r•
<br />the right to have any prtreedtrW begun by Lextdet io enforce the Decd of Trust discontinued at any tartte prior to the canter to c,,,w ,,t ;, ,,,- ~
<br />fifth day before the We of the Property pursuant to the power of sale conlainetf ;n this Decal of Trust of in) entfy of a 7udamrna 0111'r-1u
<br />Deed of -trust if (a) Horrcwver pays Leeodcr all suns which would be then dote under it,,, Drell of Trust, the Notc end n,atn .r,u;mn '
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