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<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 />11 the Property is ab indated 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 r
<br />apply the respond o Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and
<br />proceeds, u Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust.
<br />Utdess Leader 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 />1 ®. bonswar Not gad. Extension of the time for
<br />granted by Lender to an successor Payment or modification of amortization of the stems secured by this Deed of Trust
<br />Y re . in interest of Botbower shall not operate to release, in any manner, the liability of the original Borrower and
<br />Btrrower's successors in interest. Lender alts)) 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 trade by the original Borrower.
<br />and Borrower's success in interest.
<br />11- Farhaasaaoe by Larder Na a Waives- Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by aPPable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The Procurement of insurance or the
<br />taxes or other liens or charges by yonder shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Dad of Trust. Payment of
<br />12. ligagagulging CntsNaUve. All remedies
<br />Dad of Trost or afforded by taw. Al stet Provided in thus Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />13- y and may be exercised concurrently, independently or successively.
<br />Sam"— nil � bored, JOW and Seven[ �bfY; CaPdoas. 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
<br />hereof' All covenants and agreements of Borrower shall be joint and several. The captions and headings of the
<br />are for convenience Paragraph ]7
<br />rnK°ce only and are not to be used to interpret or define the provisions hereof. paragraphs of this Deed of Trust
<br />14. Notloe_ Except for any notice required undo ap
<br />this D plicable law to be given in another manner, (a) any notice to Borrower provided for in
<br />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 />IS. U W— Dead K Tnrh G—shig Law; Sevenb�
<br />non - uniform covenants with limited variations by jurisdiction o cons[ tute a strife m of trust security instrument o uniform co real property. This use and
<br />Trust shall be governed ct file law pl 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 Pe Y Deed of
<br />given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared the Note to be severable.
<br />16' tlloerower'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. T
<br />witho amer M the
<br />Y: Assltnastioa. if all or any part of the Property or an interest therein is sold or transferred by Borrower
<br />ut 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 an 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 be sold or transferred reach agreement in writing that the credit if,
<br />such Person is satisfu[ory to Lender and that the interest
<br />request. if Lender has wad Payable on the sums secured by this Deed of Trust shall heat such rate as Lender shalt
<br />vet the option to accelerate pro
<br />written assumption agreement accepted i vided in this Paragraph 17, and if Borrower's successor in interest has executed a
<br />the Note. n writing by L.cnder. Lender shall release Borrower from all obligations under this Deed . of Trust and
<br />If L.cnder 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
<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 an r Y pay the sums declared)
<br />Y remedies Permitted by paragraph 18 hereof.
<br />NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. _ gagge
<br />borrower in � Deed of Tirm, 16e dpe"Web n 17 hereof, upon Borrower's breath of M9 deuces) m
<br />sIW atad troda ro Pay when due any seem see Dead by the peed of Trnt. Leader 1lgreement of
<br />Ape, tap far din 30 �Yq la U Of Msdfyhag: (1) the breach: (2) the action Prior to acceleration
<br />del of notice is wWad 10 borrower. by which Rich breach trm be wind) cart such
<br />er breach; (3) a
<br />bnaCh an or hafaee dre dab speali ad in the nda my resril la acceleratiaa of the s.m eeCrrsd ;sad (4) that failare ro acre scab
<br />T� radae ahW twlhw fdasn by the Deed of Truce) and ask of the
<br />�a of a [Mark err MY stint mare of ham to �e a p said the right to bring a court aclioe to mart t property. _
<br />satins, L der p Lgdpy latices tyY dadre ttY at the so M and axle. if the breach b � Cbred on a before the date apecitied in the
<br />RaadtM by [hk Dead of Trill to k baredlarly der sad put wkhont farther
<br />� sex pay lrralu tits t»wM e/ sNe trd toy other re as Perdtied by appYcable law. Lender acrd be ensiled to eadeCt cep
<br />~L �S natadias P►ovlded w tbM reasons hie
<br />Jf< die bveiai, Teaslae shad tft pr a ttedee of def each doer aety in which
<br />The died to, eenonhie allaraey's Pace.
<br />and s �� eMiss of such viatica a the amt by aPMkabe low to erg w salx Pail thsraof Is looked
<br />dr lapse at nth tine n ssq he rgaMad borrower old 10 the other persons Prescribed by aPpddaMe
<br />P►ns*ihad y apple" beg. Ttirtiee, y aPP�shle law, rrrsla tthaq give prbdc ntice of oak ro the pevsaew and in the aaaer
<br />w Plaae err/ ado the wwharl dancard on borrower, "so sell the Properly a' P"* use"" to the blghm bidder at the time
<br />PaaMans ante of tw err Mom bid!• ilea ty by ye a le n vie a more Parcels and h such order as Trustee may delerriae. Trustee may
<br />Lender's drlpas nq Pwdwm � vi e annoencemsat at the time and place of as
<br />� r�Y N M7' ale. Y previously achednkd ank. Lender Or
<br />Me � 6" d di 60aN at de Mdse bid. Trod" t deliver to the PrrchaRer 1,
<br />Me deed conveying the Properly sold. The rectiais in
<br />wW �� tad[ sviderse d tik [nth of Ibr alahmanla mark therein. TnRter shall apply tae, Proceeds of the Reek In the
<br />pries. russagaid,
<br />of onse, ask erd[s: p) ro at rnwndbs eaain turd " Parcels of the aide. lacladitgl, hot not tirhed to, Trualer's feet[ M not more than a,
<br />eery, to der pasaa or PWOON aNanq s Pao W eaRq p titre evidence; (b) to snout secured by this Deed or 1'rest; and tct the rxecss, if
<br />1'.f ertllkd )hereto.
<br />barroaMr a Night! ro RWMI* e. Notwithstanding Lender's acceierano❑ , the c stn, srcnred by z!
<br />Itw right to> have any Proceatings begun by Lender It, enforce thu lkrd of 't n , Ids f krill of 7 rusl. fiat r ;+wee ^r shall bad,
<br />r;fth day treftne the "Ir of the Prd r titer +t oM-tied at ani time liner u, �hc rarer•,
<br />ttrerty det all to the rover of saie contained ut the, !?fait of Trust nr i ;�l en!�, .0 a
<br />I) ; %s( trust if (a) [3rera•aer rya ).ender all auras whn'h would hx ihc❑ dur u.tdcr ibis Deed of f a utdpm vii i .orient; ihi,
<br />❑ t, .hr N"ll ur io. r
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