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005775
<br />by this Deed of Trust immediately prior to the date of taking hears 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 Dad 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, lorroww Not Rstleasad, Extension of the time for payment or modification of amortization of the sums secured by this Dad 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. ForiMSaoee by Leader Not a Waiver. Any forbearance by I ender 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 Lende•'s right to accelerate the :maturity of the indebtedness secured by this
<br />Deed of Trust.
<br />12. dos Cumulative. All remedies provided in this Dad of Trust at a 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 successiveiy.
<br />13. Swesasms ond Andw Bound; joint and several Liability; Captions. The covenants and agrrements 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 I'
<br />hereof. Ali covenants and agreements of Borrower shall be joint and several. The caption. 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. Nie". 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 Properly Address or at such other address
<br />as Borrower may desagnate by notice to Lender as provided herein, and (b) any notice to Lerder shall be given by certified mail, return reccipt
<br />{equated, to Lender's address stated 'herein or to such other aadress as Lender may designate by notice to Borrower as provided herein. Any
<br />notice provided for in this Dad of Trust %hail be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />IS. Uagorm Deed of Trust: Governing Law; severability. This form of deed of trust combines uniform covenants for national use and
<br />non- uniform covenants with limited variations by iurisdiction to constitute a uniform security instrument covering real property. This Deed of
<br />Trust shall be governed by the !aw of the jurisdiction in which the Property is located. In the even! that any provision or clause of this Deed of
<br />Trus, or the Note conflicts with applicable law, such conflict shall not affeci other provisions of this Deed of Trust or the Note which can be
<br />given efface without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />la. Borrower's Copy. Borrower shall be furnished a conformed cop., 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 ail or any part of the Property at an in :crest ;herein !s sold or transferred by Borrower
<br />without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Eked of Trust, (b) the creation of
<br />a purchase money security interest for household appliances, (c) a transfer by devise, descent or by o;xration of law upon the death of a joint
<br />icnant or (d) the grant of any leasehold interest of three ,years or less not con!atmng an option to purchase. Lender may. at Lender's option.
<br />declare all the stuns soured by this Deed of Trust to be immediately due and payable Lender shall have waived such option to accelerair f.
<br />prior to the sale or transfer. Lender and the m,on to whom the Property is to be sold or transferred reach agreement in wining that the credit of
<br />such person is satisfactory to Lender aria that the :merest payable on the sums secured rs this Deed of Trust shall be at such rate as Lender shall
<br />request. if Lender has waived the option n:, accelerate provided in this paragraph 17, and !f Borrower's successor in interest has executed a
<br />wntter. assumption agreement accepted to writing by Lender• Lender shall release Borrower from all obligations under this reed of Trust and
<br />the Noe.
<br />If Lender exercises such option to accelerate, Lender %hall mail Borrower notice of acceleration sr. accordance with paragraph i4 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 dec /area
<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 f urther covenant and agicc a� fnilows
<br />III. Acedantloa: Remedies. Except as provided In pmgrapb 17 hereof, upon Borrower's breach of any covenant or agreement (if
<br />iurroree+ln tble Deed of T'nN, isclpang the covenants to pay iii due any sums secured by this Deed of Trial, Lewder prior to acceleration
<br />%" a" water fo Borrower u provided In pnrngnpb 14 hereof specifying: 11) the breach: (2) the Mellon required to care such breach: (3) a
<br />doge. out Mon dam 30 days from the date of notice is mailed to Borrower, by which such breach must be cured: and (4) that faflare to cure such
<br />brow mot before the late specffkd in the nutMs may result In acceleration of the sours secured by this Deed of Trust said sak of Ike Property,
<br />The nutlet AM further iderm Borrower of the right to rdwtate after acceleration and the right to bring a court action to aa%tn the non-
<br />exbOam of a ddm* or soy other lefewt of Borrower to acceleration sad tank. If the breach is not cured on w before tee dote speudfkd in the
<br />ootlee, Lander of Lea/et's opdoo may declare all of list sums seewird by this Deed of Trost to be immediately due sod payable without further
<br />demand nest soy invoke the power of oak and ANY other remedies permilted by applicable law. Lender shall be raddW to collect atl reasonable
<br />eaafa all r'apnsaaa incurred is punulng the remedies provided In this pongraph 18. indoding, but not limited to, reasonable attonsey'v fees.
<br />If the power of sale is Invoked. Trustee 4" record a notice of default in each county in we Property em
<br />the Prope at some pan tbereof is ltw aced
<br />sin W" soa copko of such Molder in the manna prescribed by applicable law to Borrower and to Ike other persons prescribed by appiftab(t
<br />law. Airier the lepos of sick time ar may be required by applicable law, Trustee shall Rive public notice of seek to the persons and In Ike manner
<br />Pon" H ley tlppYcabk low. Trustee, wkboai demand on Borrower, shall sell the Property of public auction to the highest bidder a, the time
<br />OW plant and under lot /sear deeklofed M the notlee of seek in am or mom panels and In such order as Trustee may deknulue. Trustee mas
<br />perslyout ask of all or say poesi of the Property by public uuonacemeet ■t the time and plan of any previously scheduled sale. Lender nr
<br />Lawfsr's desipae may pwcbaw the Property og say ask.
<br />Upon ransiM of trarotot of the price ley, Trustee shall deliver to the purchaser frusta's deed conveying tee Properly sold. The recitak in
<br />"*'I' MON's deaf shots be prima tack evidence of the troth of the statements merle tbemn. 'rrostee %ball apply the proceeds of the sae in the t
<br />I.... lsllnwlMg order: la) to cep reasonable tutu and expeaaes of the sale, Including. but not limited to, T roslee'% fees of not more than
<br />of ON grow sale price, reasonable attorney's fen and (Oita of title fvideale: i h I to all %ums wured by this fhrd .if iru%t: and it lbe r%te%s, if
<br />W, to ON f;ersoa of persons legally tadtied thereto.
<br />H, Borrower'* RiRYt tx "Ma4rr. hr rw'tl tinding I.sind utn� =r , !c r i I7c rd , f f ! u, 1. linen
<br />the right tic Havr any pnw-eedlny:a I,camr M I ,rid... ! t!sf;,n_r t, n. i>e!•d r ! t .�.! dr„nhnued a= a,.s .rte t . ... t r,tr6e! . ,. � ,
<br />'!f :taw t,ef,,re the +ale if !hr Pr•gxr!v tour -wane !e tt!e puwti �,t .It. ,, !a r.rii r,: 91l, IireJ
<br />M,w _,. !r..�s! ,r n. ft, awe; Dille i �r•dri sti S;.vuc soh!,!, w !,ti w .,u, i.,. �. ,.. ;brat ,. . � ,
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