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85-- ° '004441
<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 fags to respond to Lender within 30 days after the due such notice is mailed, Lender is authorized to collect and
<br />apply the proceeds, at Loader'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 writin& any such application of proceeds to principal shall not extend or postpone the due
<br />date of the mooft iplaWeptts referred to in paragraphs I and 2 hereof or change the amount of such installments.
<br />IL Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />grwnud by Lender to any succes ew in lateral of Borrower shall not operate to release, in any manna, the liability of the original Borrower and
<br />Borrower's sucaaors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for
<br />payment or otherwise atodtfy ingoortizatiaa of the sums warred by this Deed of Trust by reason of any demand made by the original Borrower
<br />sad Bom -mar's successors is interest.
<br />11. Fmbnmmm b lAnd r Not a g drew. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by appgc: tie law, shall not be a waiver of or proclude the exercise of any such right or remedy. The procurement of insurance or the payment of
<br />taxes or otht:: li;mss 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 Trus;.
<br />12. Bateiw Cataled". 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. Suwottn ad Anya Boaad: Jab od Several I.iarilky: 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 Dad of Trust
<br />are for convenience only and are rlgd to be used to interpret or define the provisions hereof.
<br />14. Nudge. Except for say 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 be given by certified mail, return receipt
<br />requested, to Leader'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. UW rst Dud of TraT: Governing Low, SeverahWry. This form of deed of trust combines uniform covenants for national use and
<br />noo- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Dead 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 Dad of
<br />Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Dad of Trust or the Note which an be
<br />given effect without the conflicting provision, and to this std the provisions of the Dad of Trust and the Note are declared to be severable.
<br />If. 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. Ttaodw of she Froperry: Asnrtgid". If all or any put 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 grew 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 sans 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. Leader 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 Leader and that the interest payable on the sums seraaed by this Deed of Trust shall be at such rate as Lender shall
<br />request. If Leader has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has executed 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 shag 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 IS hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />N. Accoleratlen: MedM. EseW a provided in waragrgh 17 hereof. open Borrower's bieocb of any covenant or agreement of
<br />Borrower Y NN Dad of Trial, Meldlag d w eeveanats to pay when due coy sane secured by thin Dad of Tout, Leader prior to acceterodon
<br />shall reed nolke N Btenwsr on poet Mtl k It - ph Id boreof specifying: (1) the breach; (2) the Wdoo required to cure each boom ; (3) a
<br />dale, not No Nora 39 do$ fret the doors of aYtt Is tared to Bo being by erbkb such brsuck mM be cunt: ad (4) TIM fares to ewe such
<br />baseh oar or befom Nor doe spaellbi M the taus, a" result la ewderalku of de acts seared by this Deed of Trust and seek of The hopaty.
<br />TM on" char huller lahaa No own of Ike rl& is reigesfale char octukrdeat and the AgM to being a seen acdon to leer- de uoa-
<br />salekauu of • ddauN or mW wbu dduaa of §wnmw lo octekrarfa and ale. if tbo blend N nod cud oar or More dr dare sIradfled le the
<br />arwito, Lsudar N Gdor's wiN nay declare err of de seta -sewed by This Dori of Trust to be ItteiNMiy due and Payable wkbow further
<br />demand led soy lanes the power of ask and no other rewdlet Is wh rd by MpMaMa kw. larder star be eadded to collar all regeanbk
<br />cause and apasma Incurred In punning the rungs" prevhld is this pungrapb IS, tatiodlog, but teed Ndle/ to, reasouolik atloroey's fore.
<br />If the power of sale N Inrohsd. Tratsw than record a geeYoe e(Ma vk in ale ceenty M wMd the heperty or sore pre thereof k toaasd
<br />and shall for eopit of task sous N the saageaas, It - W d by of l Nabk law to Boeoww ad is the other pewees Insets by appreabte
<br />law. After Nor kpt of ned Yarn a tq be rq by appreobk low, Trade doll give ptsltre uolke of ark to tht poetom od la due tarns
<br />IT 0t by oppreable low. Tn w, wltheal datand an Bin am !hall sell The hop" at public agord" to On "Ill ' bidder at The thor
<br />oN plate and ugedw the Tune daalrgeald la the netioe of tale k one or more parcels od h sued oiler ns TrtrNe wary deleetalue. Tres w ray
<br />potlpanr seek oI err err coy pseed ef No 1'w/erly by pablk angeouucene t at the tTrue ad place of uy pwvlously, sehedntd ate. Leaser or
<br />tondo's datlppoe wary Purchase Nt heperty me any seek.
<br />Upon ressipl d ppatat et the prNu led. Tnaka sirll durver to the purchaser Trusdw's dad conveying the Property sold. The rectpk in
<br />the Trttaw'a dated arbor M ptlto lock oWines of the lead of the Bait aenis wade thereto. TmMw AW apply the pioeeerN of the tole is The
<br />forowI ordart (off* eB roaugealk eosk ad eapaaw of the sale, Including, but out Nwfkd to, Traske's foes of am wore the
<br />L w The gnu saN prim n-- I l arlorasy's few ad coats of Yak erldeace, (b) to err sows .eared by dle Deed of Treat: ad (c) the esco s, If
<br />say, to The passage or psaoa NppMy ansdOW Thereto.
<br />If. Bersotwr's NW 69 Belassok. Notwithstanding Lender's acceleration of the sums uxured by this Deed of Trust, Borrower shall have
<br />the right to have any proceedings been by Leader to enforce this Deal of Trust discontinued at any time prior to the earlier to occur of (i) the
<br />fifth day before the sale of the Property pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this
<br />Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust, the Note and notes securing future
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