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000569
<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 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 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 />10. Borrower Not Released. Extension of the time 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 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. Forbearance 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. Remedies Camuladve. 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 Liability; 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) my 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 />15. Uniform Deed of Trust; Governing Law; Sevtrrbdity. 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 Propert� or an interest therein is said 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 We 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 ,hall be at such rate as Lender shall
<br />Milucst. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor In interest has c :cured a
<br />written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Lked 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 td hereof.
<br />Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower !nay pay the sums declared
<br />title, V` Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower.
<br />Invoic any remedies permitted by paragraph 18 hereof.
<br />NON -( NIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. A ; RemedWs. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covesent or agreement of
<br />raBorrower In this Deed of Trust, Including the covenants to pay when due any sums secured by the Deed of Trust. Leader prior to accelersittlon
<br />shall mull notice to Borrower as proved in paragraph 14 hereof specifying: (1) the breach; (2) Ihe action required to cure such breach; q3) a
<br />deft. am less than 30 days from The date of strike is mailed to Borrower, by which such breach most be cured; and (3) that failure to cure such
<br />breach an at before The date specified in the notke may result in acceleration of the sums Secured by this Dertl of Truest and of the Prooliffitt.
<br />fire notice s (WOW Inform Borrower of the right to reinstate after acceleration and the right to bring a court action to avAer tore soa-
<br />r r of a default Of any other defense of Borrower 10 acceleration and sale. if the breach is not cured on tit Reform the date %pecifted in the
<br />n0lkt. 146der of Leader's optlost may declare all of !he auras secured by this Bird of "Trust to be Immediately duc and payable without further
<br />demand and may Invoice The power of sale and any other remedies permitted by applicable law. Lender shall he entitled to collect all reasonable
<br />V01413 sad expenses breed In posting Ike remedies provided in this paragraph 18. including, but not limited tit, reasonable stlorne, ,s frs,
<br />If Ike Power of ease Is invoked, Truster shall record a notice of default In each county In which the Property Of -,.me part thereof i+ tocirled
<br />sad OAR moll cuPks of such wttke is the manner prescribed by applicable law to Brrrower and to the other persona pro4"r1 by o spplicable
<br />More The of such lime a may he required by applicable law, I rustle %ball give public notice of sale to the ps°rsons and in the manner
<br />Prescribed by applicable low. Trustee, without demand on Borrower, %halt sell the Property at public auction to the hlgbesl bidder at the time
<br />And Piece and lit@ ! ted In The notice of sale in one or more parcels and in such order a% Trustee may determine. I ru %tee oim%
<br />Of ail Of lay parcel of the Property by public announcement At the time and place Of any previously ., hedaled sate. I cudvr ate
<br />1 tt 's may Purchase Ike Property at say seek.
<br />I: of Payment of the price bid, 'truxtee shall deliver to the porrhamcr i rustrr'% deed convey Into the t'roperit +tdtl. 1 he rca data in
<br />tore 1'r . 's deed shall be prima facie evidence of he truth of the onletneul% made therein. f rustee shall apply the litmect1% Ill the %sir 40 tier
<br />rAtOwlest or : 48) to all reasonable crests sad expirations 01 the %ale, ioriudina, lout not limited to, 1 rovtee'% feet, Ito not more than N;6
<br />of the st(M Sale Pike. reasonable atlorney's fees and costs of title Pvldroe c; Ito to all suing secured by this DMI of t mewl; "Ad It i the r °errr at,, 41
<br />sAY, to the Offsets of persons Legally, entitled thereto,
<br />t'). owrr's Right lot RMatate. Not wit list anlbng l endvt' s... ....7 "!;"1, ut th,, nu. ulcJ lv 1lw, 1 T4 cd e if l ur.1 Ho, I l,t t, °hall hat,
<br />he t1w i 1 have^ any prlweedinot4 hego t ttv I ender III t'nit n a IIII° 1 ( ' 1 ell x,rtItim"t :I, .411 1 ?m I'I I '.1 Ihe' 11I t .,1 •I r I I.,
<br />t.trit dt> fw III Tk It evle Ott Ihe Protwiry III I[a Ito It( to the I.Jw<I •.,1, .lit. +n I :u ht, herd �,f 1 t.i 11. n:l nr, 1 1 t n Jell,! tit r orr nQ, n.
<br />fW,6''i iIIct :I t,tl ltolrltwef past 1 endri All'un), h,, 11 n!.i 1 w, „ �W'I lh,, I,I'e'J tit Il,l,i
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