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86-" ` 07346
<br />by this peed of Trust immediately prior tees the ;late of taking bears to the fair market value of the Property immediately prior to the date of
<br />taCng, 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 stems 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 />due of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments.
<br />10. Moore Nos Related. Extension of the titre for payment or modification of amortization of the sums 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 he required to commence proceedings against such successor or refuse to extend time for
<br />payment or otherwise modify amortization of 'he 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. Forbanaee 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 Trust.
<br />12. Remo leo Cumulative. 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. Successors and Assigns Booed; Joint and Several LlabiYty; 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 shalt be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />13. Uniform Deed of Trust; Governing Low; Severability. 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 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 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 he 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 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 his 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 18 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />1g. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of fey covemat or agreement of
<br />Borrower its thb Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, Leader prior to acceleration
<br />shall! stall notice to Borrower as provided in paragraph 14 hereof specifying- (1) the breach; (2) the action
<br />required to care such breach; (3) e
<br />deft, act less than 30 days from the dale of notice is mailed to Borrower, by which such breach mast be cared; and (4) that failure to cure such
<br />breech on or before the date specified In the notice may result to acceleration of the sums secured by this Deed of Trot and sale of the Property.
<br />The notice shag farther inform Borrower of the right to reinstate after acceleration and the right to bring a evert action to assert the non -
<br />eaissence of a defauk or any otter defense of Borrower to acceleration and sale. If the breach b not cared on or before the date specified In the
<br />nMice, Leader of Leader's option may declare all of the sums secured by this feed of Trust to be Immediately doe and payable without furtber
<br />demand said may invoke The power of sale mad any other remedies permitted by applicable law. Lender shall be entitled to collect W reasonable
<br />coats and expeases Incurred In pursuing the remedies provided in this paragraph 19. Including, but not limited to, reasonable attorney's fees.
<br />if the power of sok Is Invoked. Trustee shall record a notice of default in each county in which the Property or some put thereof is located
<br />sad al" mad copies of such notice is the manner prescribed by applicable law to Borrower staff to the other person prescribed by applicable
<br />law. After the heifer of such time as may be required by applicable law. Trustee shall give public notice of sale to the persons and is the manner
<br />PeuuerlbM by applicable low. Trustee, without dressed on Borrower, %bull sell the Property at public auction to the highest bidder at the time
<br />rtad piece and under the terns designated In the notice of sale to one or more parcels and in such order b Trustee may determine. Trustee may
<br />1, if -ere wile of ail or any pared of the Property by public announcement at the time end place of any previously scheduled sale. Lender or
<br />Laedee's deol;aee may purchase the Property at may fair.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to The purrhaset Trustee's deed conveying the Property sold. The recitals in
<br />Me Trotee's deed A" be prima facie evidence of the truth of the statements made therein. Trustee shall apply Ike proceeds o' the sale in the
<br />following order: (a) to all reaaonsMe costs and expenses of the sate, including, but not limited to. Trustee's fees of not more Than e
<br />of thi gross sale price, reasonable attorney's fees and cults of title evidence; fbl to Pill sums seeurrd by this treed of "frusr; and w the exerts, of
<br />any, to floe person or per*o w legafty entitled Iherera.
<br />14. burrooWs Right to ltelastate. NotwidotinndmsE I.eno ai:.el, { .ut:r• « urcd t,v this llm. l of (rust. H o rr,...r_7 t! '�..• �.
<br />the t,g,ht to, hu'.r hfvml h,. I Coulee to ,rataTrr 1h;'. ,..e,, � _.. t u i _.. ..,xv r..ut�.t s_ -era ru, 1"= stir ce,r9w� ,
<br />f1files day @u.£ -cr et }e "4k c,I the° t4atwsty ; wii;im t,z tdau <,41e «tin ,us =,i tr, Ihts tared , ( I ;, "t ; �! ,•arcs ,.t a tuder.,t t,
<br />Is"'(d M t rtw 0 I'�41 ti .r.,a qt t ea,,. t01 am, ,arid tom, w
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