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"'..r 86-- 105919
<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 btdance 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 Leader's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trutt.
<br />Unim 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 installments.
<br />It So son Not I)latasod. Extension of the time for payment or modification of amortizatiop of the stems secured by this Deed of Trust
<br />granted by I.ender to any successor in interest of Borrower shall not operate to rel ease, 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 made by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Rariommove by landee Not a Wafter. 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 Trust.
<br />12. Reme" Cmmdadve. AU 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. Sacrimmu s and Assigns Bond; Joint and Several IA"ty; 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 manna designated herein.
<br />15. Uniform Deed of Trust; Governing Law; SevembfUty. 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. Borrower'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 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 hen 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 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 We 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 Dad of Trutt 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 aueleration 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 />111. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of say covenant or agreement of
<br />Borrower In this Deed of Trust, including the covenants to pay when due any sums secured by thin Deed of Trust, Leader prior to acceleration
<br />sMY =0 notice to Borrower as provided in paragraph 14 hereof specifying: ( 1) the breach; (2) the action
<br />rc9W'N to sore such breach; (3! a
<br />dale, sot Jas then 30 days from the date of notice is mall" to Borrower, by which such breech must be eared; and (4) that tagare to cure such
<br />Mae► on or before the date specified in the notice may result in acceleration of the sass secured by this Deed of Trust and soh of the Property.
<br />The tt, -I, shall further inform Borrower of the right to reinstate after acederstioo and the right to bring a cowl action to aseert the non -
<br />dakow of a detach or my other deface of Borrower to aceelemdon sod seek. If the breach is sot cared on or before the date specified is the
<br />aalfe I, Laden al Lender's option my declare all of the sans s -cured by this Deed of Trust to be immodlatdy due and payable without farther
<br />deasod and say invoke the power of sale and say other remedies permitted by applicable law. Lender sMU be endded to collect all reasonable
<br />coals ad expenes facarred in pursuing the remedies provided in this paragraph 18, Including, but not United to, reasonable stiorsey's fees.
<br />It the power of sale is invoked, Trustee shall record a notice of default to each county is wbkb the Property or some part tbereof is located
<br />and stall mat copies of each sacker is the muuer prescribed by applicable law to Borrower and to the other persons peaeribed by applicable
<br />Mw. After the [spar of such time as any be required by applicable law, Trntee shell give public notice of ask to the persons and In the manner
<br />prescribed by applicable law. Trustee. without demand on Borrower. sbaff sell the Property at public macdon to the bighest bidder at the time
<br />sod plow and under the tenon designated to the notice of seek in one or more parcels and to such order as Trustee may determine. Trustee may
<br />peslpon ask of all or any parcel of the property, by public announcement at the time and place of any previously scheduled sale. fender or
<br />I.esde►'s designee may parcl me the Property at any sale.
<br />Upon receipt of payment of the price bid. Trustee dw# deliver to the purchaser T'rustee's deed conveying the Property sold. The recitals In
<br />the 1frasaee's deed shell be prim facie evidence of the truth of the statements trade therein. Trustee shall apply the proceeds of the sate in the
<br />following order: (a) to all reasonable costs sod expernes of the sale. Including, but not limited to, 7 ruseee's fees of not more than 3.0
<br />R c
<br />of the grow ode price, reasonable attorney's fees mad costs of title evidence; (ht to all sums secured by this Deed of 1 rust, and 4c) the e%"Lss, it
<br />any, Ito the person or persons legally entitled thereto.
<br />19. Sommer's Rlgbt to Reinstate. Notwithstanding I enact'. ar,rlerattot: i�! the ,utr..et utril M this Iced of T'tu +t. Borro,e, .hsr' aa.c
<br />the right to havr arty prmt- eding� begun by I ceder r.., entorn.0 the Deed of I n:.. ;i: +,ofrmonl err stn :fine poor "a ;hr rarl,er
<br />fifth day Wort Ihr sale of the Property pur,uant io the r—ef of +;tier .uniM,tt, .? m !'its Ikxd ,,f T,u,t .o; m) enln of n
<br />Iced of Ifust if fat Bprtower pat, I Cade, all .nny, .r ht'h oold 1W thin dent, "n,Icf thy, Dfr d ,,i i tu+! :hr w•ne 'uu1
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