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85. 003877
<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 I and 2 hereof or change the amount of such installments.
<br />10. Borrower Not Recessed. 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. Forbeartaee by Leader Not a Wtlrer. 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 by law or equity, and may be exercised concurrently, independently or successively.
<br />13. Successors and Atsltus 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 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 deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Uniform Deed of Trust; Governing Law; Sevenbility. 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 Noe 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 he 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 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 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 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 e;ccuted 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 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 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 />IS. Acalsralles; Remedies. FzcW as provided in paragraph 17 hereof, upon Borrower's breach at ay covenant or agreement of
<br />Borrower In this Dead of Tura, Including the covenants to pay when due any sums scene by this Deed of Treat, [ender prior to acceleration
<br />staill marl ay dc, /o sarowte a plot N paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach: (3) a
<br />dew, ace Ism dma 30 days from Olt dale of notice Is walled to Borrower. by which such breach must be cured; stud W that faille a to cure such
<br />Iteea, on or bsloee the dale IT Alkd la the aotlhx say mall la accekndon of the awaus secured by tW i)eeal of Trust aced see el the Property,
<br />The under slug tango b fern Harrower of the right to relastate after occekratw and the right to being a court action to avert the now
<br />etc iris a of a dolook or any odu r ddeshst of Borrower to accelealies sad sale. if the Koch Is am erred on or before the date specified in the
<br />under, Larder of Leader's opdw essay declare NO of the sear secured by this Deed of Tram to be immediately due and payable without farther
<br />deaand ad buy iuvohe the power of sale and any other remodi ea permitted by spplicsble law. Leader shall be cackled to collect all reasonable
<br />eons and m i-p s s latest rd lo punuhg tae remedies provided h this prngrapb 18. including, but act li=lted lo. reasonable attorney's fees.
<br />U dw pewor of seek is hneW. TnwW doN .scene a notice of defealt In each county in which the Property or some part thereof Is located
<br />and shall =0 coon of sues soda is de =mow proscribed by applicable law to Borrower and to the other persons prescribed by applicable
<br />law. Af1a the htpa of sseh Yee a any bs equaled by aplill,M bow, Trustee shub give public aotiee of sale to the persons and in the aaorr
<br />preoulbed by a111` 11 law. Trm*w, widwM deaad oar Borrower, shoS sell the Property at par► `le suction to The highest bidder at the time
<br />all place and under Out Nsms dmdpw ed M the notice of sale in one or more parcels and in each order m Trustee may determine. Trustee may
<br />pesepoae ado of all or any parted of the Property by psbk announcement of the tae sad place of any previously scheduled ask. [. ender or
<br />Lsrda's des *8 any purchase the PsamI, at any sale.
<br />Upon rNo* of pin al of the price bid, Trustee doll diver to the prchsser Trustee's deed conveying The Property solo. The recitsh in
<br />the Trovem's deed eMN be prim fads evidence of the truth of the statements made Iberea. Trustee shall apply the proceeds of the sale in the
<br />L foNewing order: (a) a NO raaa..blt coo mad expenses of the ask, Includinit, but not limited to, Trustee's fees of not more than
<br />of the gross aalle price, rsasenahlt alNrsey's fans aced costs of title evidence; (b) to all sums secured by Ibis Deed of Trust; and TO the excess, if
<br />any, le Yee puseas or parses- IepMy endded theruo. 3`
<br />19. Borrower's Right to Rehutate. Notwithstanding Lender's acceleration of the sums secured by this Decd of Trust, Borrower shall have �3p
<br />the tight to have any proccedin ®s begun by Lender to enforce this ihed of 'Trust discontinued at any time prior to the earlier to occur of (i) the tai
<br />fifth day before the sale of the Property pursuant to the power of sale contained in this Deed of 'Trust or (iii ent ry of a judgment enforcing this
<br />Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under this Decd of 'Trust, the Note and note, ecuiirig, I tit tit e
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