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86- 105715
<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 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 />date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of such instalments.
<br />110. Borrower Not Released. Extension of the time for payment or modification of amortization of the stuns secured by this Deed of Trust
<br />granted by Lender to any 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 shall not be 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 mate by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Forbarmnee by Leader 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 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 Trout.
<br />12. Rdmedra Cumulative. All remedies provided in this Deed of Trust 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. Successors and Assign Bound; Joint sad Several Liability; 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. 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 />15. Uniform Dad of Trust; Governing Law; Severabiilty. 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 coca", In the event that any provision or clause of this Deed of
<br />Trust or the Note conflicts with applicable law, such conflict shall rot affect other provisions of this Deed of Trout 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 he furnished a conformed copy of the Note and of this Deets of Trust at the time of execution or
<br />after recordation hereof.
<br />17. Transfer of the Property; Asaamptlom. If all or any pan of the Properly 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 Dad 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 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 b- 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 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 I B hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Borrower Is this Deed of Trust, including the covenants to pay wises due may sums secured by this Deed of Trout. Lender prir r to acceleration
<br />sbaB moN notice to Borrower as provided in paragraph 14 bereof specifying: (1) the breach; (2) The "on required To core such breach; (3) a
<br />dale, am Ins than 30 days from the date of notice is mailed to Borrower, by which such breach must be cared; and (4) that failure to care such
<br />. - A me or before the dale specified in the notice may result in acceleration of the sums secured by this Deed of Trout and salt of the Property.
<br />The notice 960 furtber inform Borrower of the right to relmtate after acceleration and the right to bring a court action to assert the non -
<br />es, - ,1 of a default or any other deface of Borrower to acceleration and sale. It the breach b not cured on or before the date specified in the
<br />notice, fender at Leader's option may declare all or the sums secured by this deed of Trust to be immediately due and payable without further
<br />tlemmtd and may invoke the power of sale and any otber remedies permitted by oppdcmbk law. Leader sisaB be entitled to collect alt reasonable
<br />costs and expenses Incurred in pursuing the remedies provided in this paragraph 10. Including, but sot limited to, reasonable attorney'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 parr thereof Is located
<br />and dM hull copies of such notice is the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable
<br />low. After the Impe of such time as may be required by applicable lees, Trustee sball give public notice of sake to the persons and in the manner
<br />prescribed by applicable haw. Tratet. witboal demand on Borrower, %hall sell the Property at public auction to (be highest bidder at the time
<br />and place and matter the terms designated in the notice of sak In one or more parcels and in such order as Trustee may determine. Trustee may
<br />pruyuae ask of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender err
<br />Leader's 1, 4p et may prrehme the Properly at any sale.
<br />Upra recep of payment of the price bid. Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold. fhe reciteis in
<br />Ow I make's deed shalt be prima fade evhdeace of the truth of the statement* made therein. Trustee sball apply the proceeds of the sale in the
<br />Mowing order, lei to all reasonable costs mad expmes of the sage. Including, but not limited to, Trustee's fees of not more than 3.0 P,
<br />of the Sows ask Price, reasomable atoraey's fees sad cents of title evidence; the In air sums wrmred by this iked of I nsit and era thee%.e.,, it
<br />any, to the petwn or pertioin kgaNy entitled thereto.
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