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85- 402526
<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 />dam 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 Loanddr's option, either to restoration or repair of the Property or to the sums secured by this Dad 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 />l!L Do Iii Not Ridemed. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />granted by leader 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 shalt 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. FoAaarmaa by Isis' Not a Wdrer. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by appikable law, shall not be a waver 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 />Decd of Trust.
<br />12. Rome" Cawnlaia. All remedies provided in this Dad of Trust are distinct and cumulative to any other right or remedy under this
<br />Lead of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively.
<br />13. Saeomem aM Amiga Benxi; Joint said 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. 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 total 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 teemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Usti t Dalai of Tna; Goterniag Lase; Severabllity. 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 taw, such conflict shalt 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 />1E. Berrosnt'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. Ttsnder of the Property; Amempiom. 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 (fed 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, Leader may, at Lender's option,
<br />declare all the stuns 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 he at such rate as Lender shall
<br />request. If Lender has waved the option to accelerate provided in this paragraph IT, and if Borrower's successor in interest has ewcuted a
<br />written assumption agreement accepted in writing by Lender, I..ender shall release Borrower from all obligations under this Deed of Trust and
<br />the Note.
<br />If Lender exercises such option to accelerate. I.ender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof.
<br />Such notice shall proves 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 fads to pay such sums prior to the expiration of such period. Lender may, without further notice or demand on Borrower,
<br />invoke arty, remedies permitted by paragraph IS hereof.
<br />NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: '` ` ' set �'a
<br />I& Aceebsstle.; Rea.erw. Excapl as provided is paragraph 17 hereof, upon Borrower's breath : � of
<br />Borrower Is this Doi of Tram, indaiH{ the covenants to pay wben doe any sums secured by this Deed of Trust. Leader polar to "sleeekntios
<br />sing no modes to Derroww • psoriisr In paragraph 14 bereof Specifyieg: (1) the breach; (2) the idea required so case sach br ach; (3) a
<br />cam. mo lime thou 3i days from the deb of nedn k mWkd to Borrower, by wllck such breach most be cured; ad (4)11x1 failure to curt $Wh
<br />If mein on or before the flat spaelbd in the notice may nm* Is acceleration of the swot secured by"Deed of Trot and ode of the (Property.
<br />The o-Moo Aal fMYar kNerw Net tioto of the r*M to rsinnab offer acceleration and the rW to bring a coon ectioe to awn the non -
<br />oidsbomi of a dolook er anew ether dollome of Borrower to aectkratoa and sale. If the broach Is am cured on or before flit dale specified In the
<br />Leber at LaWer't opieo way declare all of the sac secuted by this Doss of Trust to be Immediately dote and payable without funber
<br />dnaad sni sal' invoke IM power of ale all ay other romeiiea permitted by applicable law. Lender dal be entitled to collect all firmonalble
<br />c seed anotesas lecwred is PaSning the reahI a provided in ibis paragraph 18. Including, but am limited to, reasonable attorney's fats.
<br />tf the potrso of mile le l welted, Trwlee"record a acct of defaull In each county In which Ike Property or mime part Ike"" Is located
<br />tnM sing awl copies of such noire In the natwotr prescribed by appNcabie low to Borrower and to the other persom proscribed by applicable
<br />low. Aft the lair of muk there as olsy be required by applicable law, T'rwtbe shall give public notice of sale to the pereoua and In the manner
<br />proactillmd by appleaiN Way. TruNa, wkhool demand on Borrower. shall !tail the Property at /Mile tsetois to the higbew bldder of the finite
<br />lid /loco ad allot the form Maipabd Is Ihe notice of oak In on at more parcels and la each order so Trusin may do4orulne. Trustee may
<br />posiggisam sole of ng or eery portal of the Propttty by pubic asoaoctMS1 Of the time Sod place at ay PfVVIO ly K11141duiad talc. Leader or
<br />tooder'e deflpsa mer P so the Property of may side.
<br />apart tecoW of poymoo of the price kid, ,rwtdeo sw dolver to the porchm" Trustee's deed conveying the Property sold. 1'ke recitals in
<br />ter from@'$ dad Ang be prom fifth evidt#ce of tin truth of the sakements made tberefa. Ttusbe sluid apply the Proceeds of Ike sole In the
<br />L of 0"".. (0) to ng 1" alakle comb ad (tit Ihe rte, Including, two not Nngkd to, Tow t",% tea of ooh mace than _ WA . _ NO
<br />Me gram mile prior. raeenabk amore ef's tea and cash of title evidence; Ili) to all sums secured by this ikei of Trot; sod eel the csc , if
<br />day, to the person or Persoua haply, as"" thrrefe.
<br />14. 's Rigks I*RaksNo*. No4wllhatandtng lxndet', ateelcralwit of the sums iie ured hV 011a Doerr! of Tonal, HimwAet 41311 ease j
<br />wfwr oa f to hasa any l+voc begun "LCoder to entorte this (heat ,.f Ilirat ,horn inued at anv time petot to the cantor !00t, ot o! 11) ter � . f
<br />filth day twfaaa r talc of the Property putsuanl to the power „ f sale rouldote,l in 0114 I)eeal of mist or Inc moos of it iudginrrti cnlot, ale tht<
<br />FtscW :..9 Iruo if (a) Isixtrowed pave, l ender All wim which wokild hr Ihfn 11JAP under this 1WL1 oil ITLill, the Noir anti n"t, I "r. ill n F. I uncle•
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