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66_,. 106145
<br />by this Deed of Trust immediately prior to the date of taking bears to the fair market value of tare 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 snake an award or seek a
<br />claim for damages, Borrower fails to respond to Lander within 30 days after the date such notice is mailed, Lender is authorized to collect and
<br />apply the proceed;, 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 1 and 2 hereof or change the amount of such installments.
<br />1111. Borrower NN Room *& Extension of the time for payment or modification of amortization of the sums secured by this Deed of Truax
<br />gamed by Linde to any successor in interest of Borrower shall not operate to release, in any manner. the liability of the original Borrower and
<br />Borrowers successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for
<br />Da3 , or otherwise modify amortization of the sutras secured by this Deed of Trust by reason of any demand made by the original Borrower
<br />and Borrower's successom in interest_
<br />11. Fabam,mmoe by Lander Noe a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by app iable 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. IRemMo Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other tight or remedy under this
<br />Deed of Trust or afforded bylaw or equity, and may be exercisexd concurrently, independently or successively.
<br />13. Sae, a and A eWso Boned; Joint and Several IJabYky; Captious. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder stall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17
<br />hereof. Ali 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 nce only and are not to be used to interpret or define the provisions hereof.
<br />14. Nodee. 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 giver in the manner designated d herein.
<br />15. Uniform Deed of Trust; Governing Law; SeveraWtiry. 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 />lf. 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 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 joint
<br />tenant or (d) the grant of any leasehold interest of three years or less not containing an option io purchase, Lender may, at Lender's option,
<br />declare all the stems 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 h',, 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 !.ender 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 />true. 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 Lerder further covenant and agree as follows:
<br />lg. Acceleration; Remedies. Except as provided in paragraph, 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Burrower in this feed of Trust, including the covenants to pay wisest due any sums secured by this Deed of Trust, Leader prior to acceleration
<br />d" mail notice to Borrower as provided in paragraps 14 bet specifying: (1) the breach; (2) the action reach to cure such breach; (3) a
<br />dace, met has tban 30 days from the date of notice is mated to Borrower, by wbkb such braui mast be cared; and (4) that failure to tare such
<br />- ,, on or before the date specified Is the notice may result in acceleration of the sums secured by this liked of Trot and sale of the Property.
<br />Tae notice sW farther inform Borrower of the right to reinstate after acceleration and the riot to bring a coot action to assert the non.
<br />edole see of m eiefamhl or my olser defense of Borrower to acceleration and ask. If the breach is ant tared on or before the date specified in the
<br />nsrrdM Leader at Leader's option may dexiare all of the soma secured by this heed of Trust to be Immediately doe mad payable witbout further
<br />demand and may invoke the power of sale aced any otter remedies peroitted by applicable law. Leader shag be entitled to collect all reasonable
<br />emu and expenses locmrtei in pursuing the ewe dks provided In this paragraph 18. including, but ant limited to, reasonable attorney's fees.
<br />U the power of sale is invoked. Trustee shag record a notice of default In each county In wake the Properly or some part thereof is located
<br />and wall mail copies of snob notice in the moaner prescribed by appi c" bw to Borrower and to the other persons prescribed by applicable
<br />low. After tae hhpse of anti time as my be rgrMd by applicable saw. Trustee shall give public notice of sale to the persons and in the manner
<br />pracrlbed by appYable law. Trustee, wltbout demand on Borrower, ssall sell the Property at public auction to the blgiest bidder at the time
<br />and place and pier the terms daipald is the notice of sale in one or more parcels and in such order as Trustee my determine. Trustee may
<br />posepos a ale of a/ or any parcel of the Property by public sauommtemeat at the time and place of any previously scaedmkd sate. Lender or
<br />Loader's desimen may Pare' the Property at any male.
<br />Upon recoo of payment of rise place bid, Trustee shag deliver to the purchaser Truant's teed conveying the Property sold. The recitals In
<br />tae TroOK's deed sling be prams facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the
<br />fNowing order. (a) to all reasonable costs wad expenses of the sale, including, but not mmited to, Trustee's fen of not more than 3
<br />of Use gram ode prim, reasonable attorney's fen sod costs of title evidence; (b) In all sums secured by this heed of Trust; and (r) the excess, if
<br />my. U) tae person or person legdy entitled thereto.
<br />it. Borrawer's Righl to tlleiustate. Notwithstanding Lender's acceleration of the sum. secured by this fined of Trust, Sorrourr �hzti htis r
<br />the right to have any proceedings begun by Lender to enforce this [htd of 1 ri«i chscimllnued al .ins time prior its the earlier to nc, ut ,•i o � ; he
<br />fifth day before the salc of the Property pursuani to the power of saic •_�vttatned art tints race,.] of trust or wl Crary of a nedg:ncnt rt—
<br />Deed of -I nw if of tkuTowei pays I ender all sums which would be Own dot .isdrt [.il, Derd of r ru,i lint tiair and ", tc, zap !
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