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86- 106800
<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 fender within 30 days after the date such notice is mailed, Lender is authorized to collect and
<br />r apply the proceeds, at Leader's option, either W restoration or repair of the Property or to the sums secured by this Deed of Trust.
<br />f Unit= Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due
<br />due of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments.
<br />W Borrower NN waisaaeti. Extension of the time for payment or modification of amortization of the stuns secured by this Deed of Trust
<br />granted by I sander to any successor in interest of Borrower shall act operate to release, in any manner, the liability of the original Borrower and
<br />Borrowe'r's successes in interest. Leader shaU not be required to commence proceedings against such successor or refuse to extend time for
<br />paymmt or otherwise modify amortization of the aims 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. Baebawsn . by Under Net a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shall riot 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 Tract.
<br />12. Ibwdfes Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of Trues or afforded by law or equity, and may be exercised concurrently, independently or successively.
<br />13. SNtetaoon osd Amps Bossi; Joist anal Seveeal LIaYIYty; 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 sad 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. Noise. 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 nail addressed to Borrower at the Property Address or at such other address
<br />as Borrower may designate by notice to Lander 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 />13. Uniform Dad of Trust; Governing Law; SewabYky. This form of deed of trust combines uniform covenants for national use and
<br />two - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Dad 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 Dad of
<br />Trust or the Now 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 />14. Borrown % 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 tie 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 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 Dad of Trout to be immediately due and payable. Lender shall have waived such option to accelerate if,
<br />prior to the sale or transfer, Lander 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 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 rd=w Borrower from all obligations under this Deed of Trust and
<br />the Note.
<br />If Leader 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 18 hereof.
<br />NON- UN..FORM COVENANTS. Borrower and Lertder further covenant and agree as follows:
<br />li. Aoealwatim; ReaeeYn. tyuept as prod in paragraph 17 bereof, upon Borrower's breach of pray covenant or agreement of
<br />Borrower Im this Dad of Tract, Including the covenants to pay wren due may amat seemed by this Deed of Trust, Leader prior to w0derwtion
<br />ding a" notice to Borrower as P1 ldei in paragraph 14 bereof spedtyhg: (1) the brotesei; (2) the action rat lamed to cam sea sansei; (3) a
<br />da4q otat less din 30 days froes the daft of Notice Is wagered to But oil". by whick saes bnodo wnst be cued; asd (4) that frAss to cure such
<br />I on K before dw date spe filled in the nodee stay r- I in acceleration of tie stress secsted by this Dad of Trust aW are of the Property.
<br />Tie modar ding ins dint infoew Bar *wet of the: dgM to reisstNe after ace 1 -1 and de dgM to bring a coot action to assert rise mom -
<br />askatnee el a defank or my,etas eiefesue of Borrower to .... tlos moll rate. iI the bseaei is act cared on or before dw +raft specified In the
<br />so dais, insider at Lender's option sway, dednre r of Me wags ocenred by d6 Deed of Treat to be hanedhtely due and paya►k without furdbes
<br />domm& d wq inane Me poww of seek awn any odor r*mwdm pwnitted by appYeabk taw. I aw I sing be eed"w caged v reemoOk
<br />cosh
<br />and iatured M pwmail" the rewedkt peovided b ibis pouNgnpb 18, hicindvg. but not KNOW to, rasusoble attorney's fees.
<br />K the power of stale is lwekd, Trustee AM reseed a notice of delea t in ends county in which the Property or sows put thereof is located
<br />and shag no copies of such soYde is tie wasnsr Is - ill by app*c&k low to Borrower and to the otber persona prescribed by applicable
<br />raw. Aift it lbe Input of and Yore as my be re** by appgubk law, Trustee 1Mg give public notice of seek to the persons and In ales masher
<br />pasn - M I by appgrnbk low. Troson, w1216 demand on Borrower, dog sell tee Prop" at pablk &action to the bigbest bldder a the tine
<br />min p) pre and mmkr da taran deslpaftd its tke modae of oak is ore or pore pareek and is such orddr as Trustee asp dederwim. Trustee way
<br />pMlpme seek of all or any pond of tee Properly by tubbe announcement at the dw min p+•a of my previously sckedoled sae. Lender or
<br />taadrf'm dm*m -W pa thme de Pe"arty 0 any ask.
<br />Upon remip of prtyfta 'at taw print bM. Truske dial) deliver to tee pnrcbraes Trustee's deed cmveylug tie Property saM. Tie recitak is
<br />Ydtt Trumes did aW be poll= fade avMesea of at Qutk of rbe stake eats node rbeteim. Trustee sW apply tie proceeds Or the sak In The
<br />thignoiag order (a) to on "mom coat and eapeuees of the sate, ineiudtmg, but act UaYded to. Trustee's ten of not more than . *1 0
<br />of do Mora nab poke, raaaamile anossey's fora mph cow of title trideuce; (b) to all sus seem by tbk Deed of Trust; and (c) the esem, if
<br />mi. to Zia pormst or psrnesu dapglr s.Ytkd disc to.
<br />M, gas *was tldgit le iTAMNNe. Notwithstanding 1 ender% acceleration of the sums secured by this Decd of Trust. Witrowei shall have
<br />the right to have spy proceedings begun by Lender to enforcer this Deed of Trust discontinued at any time prior ro the eariier to occur of ti) the
<br />fifth hay before the sale of the Property pursuant In the power of sale contained in this Iced of Truof or (ii) entn of ;udgmeni cnforciug this
<br />Deal of Trust if! (a) Borrower pwxc Lender all sums which would he than due under his Deed If "1 mist, the Note all. n, t^, c«ur tng future
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