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by this Deed of Trust immediate) 85,,. Q 0 3 0 S f)
<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 of "fers 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
<br />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 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 bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13. Successors and Ash Boned; Joint and Seveal LisbiB Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shall inure to, the respective s p
<br />pective 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. Tic 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 he 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 droned to have been given to Borrower or Lender when given in the manner designated herein.
<br />15- Uniform Deed of Treat; Governing Law; 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 Njo; conflicts with applicable law, such conflict shall riot 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 iess 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 accelera :c 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 teed of Trust shall he at such rate as Lender shall
<br />request. If Lender has waived the option to accelerate provided iu this paragraph 1%. and if Borrower's successor in interest has , :xuted a
<br />written assumption agreement accepted in writing by lender, tender shall release Borrower from all obligations under this teed of Trust and
<br />the Note.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower nonce of acceleration rat 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 />lg. Accderatien: Reatt�p, lsaeep ns IKOrNei in paragraph 17 hereof, upon Borrower's breach of any covenaat or agreement of
<br />Borrower la "Deed of Trust, lathNktg the coveaaats to pay when due any sons secured by this Deed of Trnst, Lea
<br />sW
<br />aaOU Intel to Betfewor ns provided in paragraph 14 be reol Prior to acceleration
<br />role am lets t� 30 specifying: (1) the breach; 421 the action required to cure such breach; (3) a
<br />1+ from the �k Of aotice a mailed to Borrower, by wbkh such breach most be cored; and (4) that failure to con such
<br />Bch err t� dais specified in the entice any remit is accekratiun of the weal secured by the Deed of Trost and sale of the Property.
<br />The notice AM fw *w hNorm Borrower of the right to rvl"(sk after acceleration and the right to bring a court sctha to assert the non -
<br />etrhtenct of a defm* or my other defense of Borrower to accekruloe and sale. If the breach a Rot cured on Of before the date specified in the
<br />80*0. ImNW at Leader's wplwa my declare ad of the sums secured by this Deed of Trust to be Immediately due and payable without further
<br />demand sad any invoke pbe power of Oak and any other remedies permitted by applicable law. Leader soon be entitled to collect all reasonable
<br />`'owls rot/ nism s inewrod 'st parsuing the remedies provided in the paragraph 18, Including. but Rot limited to, reasonable attorney's fees.
<br />If the power Of Oak is Invoked, Trustee shop record a notice of default in each county In wbkb the Property of some part thereof is k sled
<br />and duel N" cwplea of sub heist h ppk nanur prescribed by applicable law to Borrower and to the other perons prescribed by applicable
<br />law. After the how of week brae s any be required by
<br />prescrNei by nppkvbk law. TrrrNe, ap aMt law. Trustee MiW1 glue Pwinc notice tit sae to the persons and In the manner
<br />witIN lb miles on Borrower, span sell The Properly at pints auction to the highest bidder at the time
<br />and plate tin! wader r teeters dssipotei la the antics u ate Ia one or more Parcels' Bud In such order as 'Trustee may determine. I roster may
<br />t►ebtpweee ode � ed ea wy parcel of the Property ►y prbHe aRaeuMYnent at the one sad
<br />Lender's A signs* any pwcbaae �e Property 84 my flak. Piece Of any ptevloasly scheduled solr. Lender or
<br />Upon rert* of paylunt Of ON price bpd, Trustee MUCH deliver to the purchaser I ruslce's deed conveying the Property sold. The revitBk in
<br />ON "f rwtke's eked NWI be prima fade evidence of the truth of the statements needle thetrin, Trustee shun apply the prover& of be sole In the
<br />f wrier: (a) M ISM Itaa IN" torte sad ea
<br />penseM of the title, videek hKinding, but not Roiled to, I rustee's fees of not note than a A
<br />� � prom elk Mks. tvrrremoble eNlorney's less sad sate M title erldtore; ahr to BH Mons scored by rhM IlMrd of i rust: end ec t the Marrs.. it
<br />Nov, to the per"" of persons kamy eatititd therein.
<br />19. Ben,owar's ROW to Rtiaebk, Notwithstanthng I ender a sets ^a r . 1 the sums r F
<br />Itir wallet totra*Can^ .. it Itiil hiss
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<br />1-u un�.ler hr.
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