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85-- 004233
<br />by this Dead 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 damson, 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 />Union 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 1 and 2 hereof or change the amount of such installments.
<br />10. Do own Net )Rdomd, Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />oriented by Lender to any soccnsor in interest of Borrower shall no 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 refus.- 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. FMMsruoe y' Lender 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 />Dad of Trust.
<br />12. Rome" Camwbtve. 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. Site - scud Assigns Boaasd; solar 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 norto be used to interpret or define the provisions hereof.
<br />lei. Noon. 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 desipmue 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 Iced of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />13. UnBnea Dared of TtwN; Governing Law; SeversbWly. 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 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 Deets 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 t ender "s prior written consent, excluding (a) the creation of a hen or encumbrance subordinate to this Teed of Trust, (b) the creation of
<br />a purchase motley 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. I.ender 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 Lcnder shall
<br />request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has es:ecuted a
<br />written assumption agreement accepted in writing by Lcnder, lender shall release Borrower from all obligations under this teed of Trust and
<br />the Note.
<br />If Lcnder exercises such option to accelerate, fender ,hail mad Borrower notice of ac[eleralion in ac,:ordance with paragraph 14 hereof.
<br />Such notice shall provides. period of not less than 30 days from the date the notice is mailed within which Borrower tnay pay the sums declared
<br />due. If Borrower fails to pay such sums prior to the expiration of such penud, lender may, without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph IS hereof.
<br />NO.N- UNIFORM COVENANT'S. Borrower and Lender further covenant and agree as follows:
<br />19. Acoderall"; Reasedles. EacW as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreem@bt of
<br />Borrower In Miss Deed of Trot, dachWi" ter covenants to pay voters due any sums secured by this Deed of Trust, Leader prior to acceleration
<br />AM omit "dm to Borrowtr m provided in puugr opb ad hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a
<br />eider, not him rtes M days from 1!t daft of notice Is mailed to Borrower, by which such breach out be cured; and (4) that fatiure to cure such
<br />►mach om K boteie the dole e5 I In the nodes easy rash in acceleration of the Irma secured by this Deed of Trust sad ask of the Properly.
<br />The none obdl further holiness Borrower of the moist to rdrule afW attekrsdon load the right to bring a court action to assert the non -
<br />exkkuee of a ddab or any uthoor defense of Borrower to acceleration and sak. If the breach he not cured on or before the dote specified in the
<br />note!, Lender at Lender's optles easy declece ON of rise sum secured by this feed of Trost to be Immediately due sad payable without farther
<br />dtmai and early Invoke dot peon of ask and ay other remedies permitted by applicable bus. Under shoo be entltitd Io collecl all reasonable
<br />comb aM tipemes Incest Is pnnd" The re owbou provided in thle paraR:sph 11, inducting, boo nW li sited lo, mmoluosable attorney's fees,
<br />It Uw power of took is Invoked. Trustee shag runic ■ notice of default In each "meaty is mbkb the Property or some pan thereof is located
<br />sd WON WM ooplec of Such notes In The manor► precordloed by applicable dam to Borrower and to the other
<br />persons prescribed by applicable
<br />hen. Ahee tee bps of Horeb Wne m may be r*quit e A by applicable kw, Trolee SW give pabN" notice of sale to the perti ons sod in the manner
<br />pno"Abd by Mpk"k bow. Trselee, crid ool des aW on Borrower, d" sea the Property at public auction In (he klokint bidder at The time
<br />end plot end under On isrose dsYgnsW In the notch of ask in sae or mutt percek sad is such order aA Trustee may determine. Trustee may
<br />putlpans' ask of 00 or aY psrcal of the Property by pub1k grtoua"emesl of the time and place of any previously schedaled salt, t.esder or
<br />Lender's dnkvmw mwy pnreNss die Por"unty ar ay ale,
<br />tJpan rocafpal W payment of doe prier Md. TrUAM AM deliver to the purchaser'1'rustse's deed conveying the Property sold. The reet(als in
<br />On Trnekt's deed shell be prima fact r4doosee of the truth of The state meats made them". Trustee too apply the proceeds of INC oak in the
<br />L tOS&Oho uda; (w) to ftm0m"' casts and trtpstra of the oak, Including, but sot limdled to, Trusoet's free of not more (Ms
<br />W der gpno r owon print ro"ow" allor as, 'e fees sad cocoa of Title evidence; 1b) to all suns scarred by this D"d of Trutt; and (c) the racevt, If
<br />cry. m tMe penaa w► ponoss kgwly end" thereto.
<br />11, NW"W e't Ri$M 10 0olo100. Notwi1h41audl its I ender ar.chrrauun ,I Sir wm, recut ed h thI Bees ,,I I III,!. 11"I 1„wrI Out!I hate Cfr¢
<br />the frghi r„ have any proceedings begun by I crider to enforce thi+ Used .,I 'I rent &',owInor'l it in, Irene (,It .I ;,, the Garlic^ to or oil the
<br />fw491 41my Witte the fair of QM Protktty pursuant Ill the gel N'el t,t tale i mll.unt-,l In III se I nerd : t f nne ,u i R I rla r\ ,'f a ItId8; nr w r nlo!, mg I'
<br />lirrai rd Inasl it (Al llorrowet pmyl I. ender all eunry whrtb would t'r stern dtie ioldcr tea•. Ilec.t 0 1 tint, ;ter 11d' -:r1. .e•, ;u east I !!,—
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