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<br />by this Deed of Trust immediate) 85® 001426
<br />y 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 I 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 feed of Trust by reason of any demand made by the original Borrower
<br />and Borrower's successors in interest.
<br />I1. Forbearance by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shalt not be a waiver of of 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 CumuMdve. 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 bylaw of equity, and maybe exercised concurrently, independently or successively.
<br />13. Successors and Aadgas Bound, 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) 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. Unifofm peed of Trast; Governing Law, Severability. This form of deed of trust combines uniform covenants for national use and
<br />nonuniform 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 Noce which can be
<br />given effect without the conflicting provision, and to this end [he provisions
<br />16. of the Deed of Trust and the Note are declared to be severable.
<br />• 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 safe 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 17, and if Borrower's successor in interest has c .rcuted 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 mad 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 Ixntxf. Lender may, without further notice or demand on Borrower,
<br />invoke any remedies permitted by Paragraph 18 hereof.
<br />NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows;, 13. Ae^_- rer aljoa; Remedies. Excel" as provided in PwWmph 17 hereof. upon Borrower's
<br />lion ®wet is thia peed of Trot. laeladiag the covenants to 4rencS ; coreaAnf or akreement of
<br />tam notice to Borrower ns MY when due any sutras secured by tie Deed of f . Le,� Prior to acceleration
<br />Provided in parngmsPh 14 hereof specifying: ( 1) Ike breach; (2) the action required to cure such breach; (3) a
<br />date, sot leas than 30 days from the date of notice is mailed 10 Borrower, by which such breach must be cured; acrd (4) that failure to cure such
<br />breach 08 of before the date specified in the nods may result in acceleration or the sums secured by this teed of Trust and safe of The Property.
<br />The notice shistif fwther Intent, yother Borrower of the ►ighl to reinstate offer acceleration sad the right To briag a coon action to assert the non-
<br />Of of • dT faNt or say other defeTase of Borrower to acceleration and sak. If the breach b not cured 00 or before the date specified In the
<br />notice. Leader of Leader's option may declare all of the sumo secured by this Iced of Trust to be immediately due and payable without further
<br />demand rend may invoke the Power of sale and any other remedies permitted by applicable law. fender shall be entitled to collect all reasonable
<br />cum and expanses incurred in punning the remedies provided in this paragraph' 18. Including. but not limited to, reasonable allorney's fees.
<br />If the Power of aide Is invoked, Trustee shall record a nofke of default In each county In which the Property or some pan thereof is located
<br />and shM mail copies of soh notice in the manner Prescribed by ePPfkable law 10 Borrower and to the other persons prescribed by applicable
<br />raw. After the Inpse of such Umae as may be requited by applicable law, Trustee shall give public notice of sale to the persons end In the manner
<br />by aP/Mcsbk low. Trustee, whhouf demand on Borrower, shall sell the Property at public auction to the higbcsl bidder at the time
<br />and
<br />Postpone place tad ender The terms rfaifroafed In the notice of safe In one or more parcels and In such order es Trustee may determine. Trustee mov
<br />Bait of and or say Pn9e1 of the Properly by Politic a00ount men) so The time and place of any previerosly scheduled sae, finder err
<br />itorMr's may postbox the Property, of any teak.
<br />"'Pon rfty* of Psymmi of the price kid. Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold. Ube rectish in
<br />the rrwtee's deed shall be prime facle evidence of the truth of the statement.% made therein. Trustee shall apPfy The Procreds of the !cafe l0 the
<br />f
<br />order: (a) to all Iearopble costs and expenses of Ike sak, Includina, bum not limited In, 1'rusfee's frees oP not more than
<br />_ ?•,
<br />Of t0 it ►otu Prier' attor'ney's fete and costs of title evidence; the to all sums secured by This herd M Trust: and let the excess, if
<br />any, to 'be per"'" at kgahy entitled therein.
<br />le s Rlgfrf to Relrartafe. Nutwuhslandtng f ender airclrr.+n,0n t the Surat x•cu1vd by flu Dccd of r r
<br />'r?' =she !a have env prtx'redinns begun by I ender rn z front ::r0 1)ecd I I ,i 100 u ' tt '. all helot
<br />010 day ttr.fore The We of aftc Prolwriv purcuaul to the M.w -er "I .tie t! rnd ,1 011.11iced oI 1'tt'i
<br />Dk"1 of !ru',t if (d) Borrower :,J c lender Mil . una h, -h 1. 111 !,c 0, ly,n0cn 0 .,np !,
<br />ti •0 •'n' ndc•0 'hoc 0>eed ,t I
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