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<br />86. 105808
<br />tsy this Heed of Trust immediately prior to the date of taking bean 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 W make an award or settle a
<br />claim for damages. Borrower fails to respond to leader within 30 days after the date such notice is mailed, Leader is authorized to collect and
<br />apply the proceeds, at Leader's option, either to restoration or repair of the Property or to the totems secured by this Deed of Truest.
<br />Unkm Leader and Borrower otherwise agree in writisg, any such application of proceeds to principal shalt not estead tr postpone the due
<br />date of the monthly installments refaced to in paragraphs 1 and 2 hereof or change the amount of such iustaltats.
<br />10. Bari am Not Mdomm& Extension of the time for payment or modification of amortization of the tame secured by this head of Truest
<br />Brasted by Leader to any successor in muxw of Borrower shall not operate to release, in army manna, the liability of the original Borrower and
<br />Borrower's succiessass in interest. Lender shall riot be required to ermmmencee proceedings agaitnt 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 Berrowa
<br />and Batmwa's successors in interest.
<br />11. Fsrhaura m by Leader Not a Welver. Any forbearance by Lender in exercising any right or remedy heeunder, 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 Trnet.
<br />fS. )wm"n Carmadve. 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. Sueoeoaes and Assign, Bomni; Joint and Se rm Liabi ty; Captions. The covenants and agreements herein contained shall bind, and
<br />the tights hereunder shall inure to, the respective successors and assigns of Leader and Borrower, subject to the provisions of paragraph 17
<br />bereef. 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. Nadine. Except for any notice required under applicable law to be liven 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 trail 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 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 />IS. U aeus Deed of Trust; Governing Low; SnaabWty. This form of deed of trust combines uniform covenants for national use and
<br />note- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of
<br />Trost 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 Dad of
<br />Treat 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 and the provisions of the Deed of Trust and the Note are declared to be severable.
<br />Ii. Berrosser's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trout at the time of execution or
<br />after recordation hereof.
<br />17. Transfer of the Property; Assumption. 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 alien or encumbrance subordinate to this Deed of Tract, (b) the creation of
<br />a purchase money security interest for household appliances, (cl a transfer by devise, descent or by operation of law upon the death of a joint
<br />temant 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 Lends 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, fender 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 />involve any remedies permitted by paragraph 19 hereof.
<br />NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. Acedeation; Remedies. Except m provided is paragrspb 17 hereof. upon ismilrer's breach of any covesuat or agreement of
<br />Borrower in thia Deed of Trust, including the covenants to pay when moue trey mass tKgaetd by tho Deed of Trust, Leader prior to acceleration
<br />WWI err d nodee to Borrower as provided in paragra'h 14 bemvf specifying: (1) the breach; (2) the action rgniroi to ewe sack breach; (3) a
<br />dMe, not has theta 31 days true the date of notice of mailed to Burrower, by which such beach mom be cared; and (4) that (allure to care such
<br />breach on or before the date specified In the oodee may resit in acceleration of the onus n ecnr , by this Deed of Trod and sale of the Property.
<br />lye netkx riled hxlba afore Burrower of the right to raiwNe rifler acceleration said the right to bring ■ coat actlea to assert the New
<br />datblanee of a dllfait or ah other defense of Borrower to accaleradim and ask. If the breath k not cared on or before the date specified is the
<br />medter, Leader all testis's option my declare all of the sas secured by this Deed of Trost to be immetBaWy due mud pyebk wkbomt further
<br />demand and may Invoke the power of sale and an other remedies permitted by applicable law. Leads she@ be gadded to collect all reasonable
<br />eats used expense; Incurred Its pursing time reuemYes provided in this paragraph 18, including, but sot dialled to, reasonable attorney's fees.
<br />H the power of sale Is invoked, Trainee shall record a antler of default In each county In which the Property or some part thereof Is !orated
<br />and sled mil espisn of such erodes In the mnnaer prescribed by applicable law to Borrower sod to the otber persons prescribed by applicable
<br />aw. After the lapse of web tone as my be rsepabei by applicable Inn. Trustee shall give public notice of sale to the persons and in the manner
<br />+escsdbed by sppYnble law. Transit. without demand on Borrower, sou sell the Property at pnhik starting to the highest bidder at the dust
<br />and gads end i mlar the it dedpud is the uetice of ode in one or inner parcels said In such order o Trustee may determine. Trustee may
<br />POOP 1e ode of r or ring pared of the Property by public announcement at the time nod pace of any previously scheduled sale. Leader or
<br />!Armin "s dedpne may p scbase the Property at my seek.
<br />Up" - -0 1 of payment of the pries bid, Trades dog deliver to the purchaser Trustee's deed coavtyhsg the Property sold. The raitak in
<br />Our Trace tee's deed ebd be prima fade evidence of the truth of The statements evade therein. Trustee shall apply the proceeds of the sale In the
<br />Fel- Igg ruder la) toss reasonable costs Mad e:xpegsa of the sae. ludedosg. but not limited to, Trustee's fees of not more than _.__.3 _ PV
<br />ad tbt !a ok price, reasonable atderan's fees and costs of title evidence; (bb to all smas secured b) this 13etd of Trust, and (r) (be excess, if
<br />guy. to the person or persons leary, entitled thereto.
<br />It. Borrower's Right to Rsoestatr. Notwithstanding Lender's accr;erat,on „f !hr sterns secured ht iht.c peed of trust, Hvrrct small I:a,e
<br />the right to have any prmordings begun bs I ender to rnforee this ikr' e =! 1 ru,t itsronunued at erns time ;,rtor tc, the rarltrt . ,;,u , .,
<br />fifth day before the %air of The Properly putsuant ;o the power of salr .::nttame6 -, the, 1)rnr n! Irnr,r „t h�> mire ,,t a tudyrnrut ter fw, , xt, t.,,
<br />L*ed of Trust if (a) Bortow•• Pass I ender all suns wh,tch would etc +h". t .r art:lrt ih„ Decd 0 i , st thr 'are a"l r..t "'t-,q, p ..;
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