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85- 00581:11
<br />by this Dad of Trust immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date M
<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 snake 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, tender 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 1 and 2 hereof or change the amount of such installments.
<br />18. Bataan Not Belened. 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. Forbo rem by Leander 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. tionw m Cumokdve. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Dad of Trust or afforded bylaw or equity, and may be exercised concurrently, independently or successively.
<br />13. Suceaasma and Assigns 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. NNlee. Except for any notice required under applicable law to he grveu in another manner, ta) any notice to Borrower provided for to
<br />this Deed of Trust shall be given by mailing such notice by certified mail addressed u; Borrower at the Property Address or at such other address
<br />as Borrower may designate by notice to Lender as provided herein, and fb) an} nonce 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 Decd of Trust shall he deemed to have been given io Borrower or Lender when given in the manner designated herein.
<br />15. Uniform Decd of Treat; Governing Law; tieverability. This form of deed of trust combines uniform covenants for national use and
<br />non - uniform covenants with limited variations by jurisdiction to :onstitute a uniform security instrument covering real property. This Heed 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 taw, suet. 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 he 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 Ike Property; Awumption. 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, (h) the creation of
<br />a purchase motley security interest Ior household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint
<br />tenant or Id) the grant of any leasehold interest of three years or less not containing an option to purchase, Lender mav, at Lender's option,
<br />declare all the sum secured by this Deed of Trust to he immediately due and payable. Lender shall have waived such option to accelerate if,
<br />prior to the safe or transfer, Lender and the person to whom the Property is to he void of transferred reach agreement in writing that the credit of
<br />such person is satisfactory to Lender and that the interest payable on the sur,.., secured m this Deed of Trust shall he 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 to interest has executed a
<br />written assumption agreement accepted in writing by fender, Lender shall release Borrower from ail obligations under this Dad of Trust and
<br />the Note.
<br />If Lender exercises such option to accelerate. Lender Shall mail Borrower nonce of ac: cicration in accordance with paragraph IA hcreol.
<br />Such notice shall provide a period of not less than 30 days troni the date the notice is maned within which Borrower may pay the sums declared
<br />due. It Borrower fails to pay such sums prior to the expiration of such penod, Lender may. without further notice err demand on Borrower,
<br />invoke any remedies permitted by paragraph IS hereof'.
<br />NONUNIFORM COVENANTS. Borrower and Lender further co,cnam and agree as folio. ws:
<br />19. Acederadow; Ressuali s. Escepl as provided In paragraph 17 hereof. upon Borrower's breach of any covenant or agreement of
<br />Borrower is the Dead of Trust. Including the covenants to pay when due way sutras secured by this Deed of Trust. Lender prior to acceleration
<br />shill maY tsohke to Borrower as provided in paragraph 14 hereof spec)fying: 11) the breech; (2) (be action requited to care such breach; (3) a
<br />tithe, testis Mss tide 30 days from the date of notice is mailed to Borrower, by which sock breech arum be cured; and Id) that failure to care such
<br />- -A as or beliefs the date specified is the notice may result In acceerstion of the sues secured by this Deed of Trust sad (ale of the Property.
<br />Tie Notice OM farther kdon a Borrower of the right to reinstate after acceleration and the right to bring a court action to man the nun-
<br />ealhlna of a ddm* or tarty oMer defense of Borrower to acceleration sad sale. If the breech Is not cured on or before the oedk aecifed in the
<br />ntnhks, leader M L.eoder's option eery declare all of The sums secured by this Deed of Trom to be immediately due sad payable witboul further
<br />domed and may hvabe the power of are sad any other renedea permitted by appHable law. Leader shill be entitled to collect all rew►nabk
<br />coos eM ups Metered Is pursuing the remedies provided Is this paragraph 18. tacluding, but Not limited to, reasousbk attorney's fret.
<br />if the power of silk M invoked, Truster shall record a Notice 401 default in each Malay IN which the Property or some pun tbeteof is located
<br />and shag NO copes of sock Notice In The manner prewcrtbed by applicable low to Borrower sod to the other persons prescribed by appkcabb-
<br />low, After Ms Input of each thsr m my be requited by applicable low. Trustee shall give public notice of side to the persons sad In the manner
<br />pow No by dppbc"k Mw. Trustee, without domed on Borrower, shall fall the Property of publk soction to the highest bidder at the flow
<br />and plate and under the urns desiprud in the Notice of sale in one or more parcels sod in web order as Trusses may determlae. Truster may
<br />pnWw sale of die or any pared of the Properly by public an iouacement at the time and piece of any previously scheduled oak. [*"der -or
<br />tasel is dmipm easy purchase the Property aT any ask.
<br />Upoo fessip of payment of the price bid, Trustee shall deliver to the purchaser Trwsleel'a deed conveying floe Property sold. The reeTtals In
<br />L the Tnson's deed "be prime reek fivldenee of the truth of the statements made therRln. Treater shall apply the proceeds art the sale in the
<br />feNNwhg order: la) to all rsao &W costs sad expenses of the sale. Including, but nos limited oo, 7 ruslee's fees of not mine than
<br />of the greir ale price, n meNabdt sttorarr's fees and coats of title widener: (h) to all sums wcwred bf this Heed of Trust; and (ri Ike races., if
<br />osy. to Ibe penes or persons legally enfltrd thereto.
<br />W Bor"wrti flight us Rtlasmalr. Norwrthntnndsns I emir, , a, x:ctelwi, if: .t t i l l ' +1Jin1, ,et it ¢7 h. <fuI I)reel 1 l i s t . H,.t rnwci 11;,111 h.,,
<br />"W rraht to 4sow any r',meeding, behun by I vnde, In ,it totc:r Iii, ik'rri „t I -claw til4,momul'd at at", I,mr Itie red o% I ,, it - 1 : , , r
<br />fifth slay he'for_ the cair-,r the Pr, rt,rnr r I'ma'l "o the t;owr+ ,I sle „mlwnmt m Ihn. herd if f:,.i„ a iuQauu•n; vW , ?iv "...
<br />1ked a,f halm -t •.no Wirrv,wfr 1'14v+ I cn;lr^ air a rttn v,!!;,i, tmu I,= hen ,Sn, r ,hr, 1 VC,f ,�f !.. he v v, oared n,nr, ,.r, 'i ie i ;;; 1 :
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