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<br />84 -- ~)"010 74
<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 />I f the Property is abandoned by Borrower, or if, after entice by Lender to Borrower that the condemnor offtts 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, [.ender is authorized to collect and
<br />apply [he 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 agrce in writing, any such application of proceeds to principal shall not extend or postpone the due
<br />daee of the monthly installmenu referred to in paragraphs 1 and 2 hereof or change the amount of such installments.
<br />10. Borrower Not Rekosed. 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 [o commence proceedings against such successor or refuse to extenQ 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. Forbafattce by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereundeq 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 Cumobtlve. 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 />t3. Succroson and Assigm Booed; Jolel aed Seven[ LiobtNly; Captlom. The covenants and agreements herein contained shag bind, and
<br />the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subjeM 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 IXed of Trust
<br />are for convenientt only and are not to be used [o interpret or define the provisions hereof.
<br />14. Notlce. 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 be given by certified maB, 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. My
<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 Tnat; Governing Law; SevenbiBry. This form of deed of trust combines uniform covenants for national itseand
<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 o(the jurisdiction in which the Property is located. In the event [hat any provision or clause of this Deed of
<br />Trust or the Note conflicts with applicable law, such conflict shalt no[ 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 be severable.
<br />16. eorrown'a 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. Tnmfer of the Property; Assumption. If all or any pan 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 no[ containing an option to purchase, Lender may, at Lender's option,
<br />declare alt [he 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, Leader and the person to whom the Property is to be sold or transferred reach agrcement in writing [ha[ the credit of
<br />such person is satisfactory to Lender sad that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Linder shag
<br />request. If Lender has waived the option to accelerate provided in this pazagraph 17, and if Borrower's successor in interest has exauted a
<br />written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obhga[ions 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 Honower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borroweq
<br />invoke any remedies permitted by pazagraph 18 hereof.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further wvenant and agree as follows: ~ ~ - '
<br />18. Acceeention; Remedies. Except m provided in pangnph 17 hereof, upon Borrown's: breacY~ of tpy e~tu~W or agRemtel of
<br />Renown u this Deed of Trust, iodudieg the covenonts to pay whee due soy soots secured by Ihb Dad;of.Tnul, Le~dsr. prior to aretbratltm
<br />sbW mob entice [o Borrower m provided in pangnpY 14 hereof spedtyieg: (1) the bnacY; (2) theYltlee regelted"to caue~wcY bench; (J) •
<br />date, not less 16an 30 d.ys [rom the dote of sotke b maBed to Borrower, by whkh such breech mint be cured; and (O that ABttee to con attch
<br />bract on or before the date specltkd in the ootloe may resat[ m acceknUoo of the sums secured by this Decd of Trent aed sok of the Property.
<br />The notice aha8 further idorm Borrower of the right to rclmfale afkr accelentlon and the right to bring • court actloe to omen! the noe-
<br />existeete of • detidl or aey other detettx of Borrower to accelention and sale. It the breach b not erred o0 or before the dole sped/kd in the
<br />notice, Lewin at Lender's optoe nay dcebn oB of the sums secured by ibis Deed of Twat to be tmmedltlely due asd payabk wilhoet further
<br />demand aed my ievohe the power of sak and any other remedies permitted by oppBcabk low. Lender ahaB be aUtkd to colect aH nasoeobk
<br />coats aed expema incurred ie pursuing lbe rcmedka provWed ie Wis pangnp6 18, including, but wt Bmited to, remoubk aUOrrteY's tees.
<br />Ii the power of sok b invoked, Trmtee ahWl record • notice of defiult in each coeoty io wbkh the Property or some part thtseot b loafed
<br />aed a6W matl copies o[ such notke is the maeeer prescribed DY appBabk low to Borrower and to the other persona preecdbed by appBabk
<br />low. After the bpse of anch titae m mrry be regsdrcd 6y appgnbk hw, Trmlee shall give pabtlc antis of sak to the Persom od ie IYe moon
<br />prescribed by appBeabk Lw. Trmtee, wt[hoat demnd on Horrown, shall sell the Properly at pablk auction to the higMst bidder at tie Um
<br />oed place end undo the terms desgnated ie the entice of eak ie one or more parcels and io such ordn as Trmtn mY dekratiee. Trostee mry
<br />postpone ink of ell or nay parcel of the Property by public aonouncetneol at the time and place of any previously schedakd ask. Lewin or
<br />Leader's deatgeee may purchax the Properly at ant sak.
<br />Upon reeefpt of payment of the prke bid, Trmlee shall deliver to the purchaser Trustee's deed conveyieg the Property sold. The recitals in
<br />the Tresbe's deed shay be prim tack evldeact of the Irolh of 16e sla[ements mode 16ereie. Trustee shoB apply the proceeds of lbe sak in the
<br />tollowisK ordn: (e) to VI reawrbk emu and utreeeee of the snk, including, but not litdted to, iroaiee'a tees of not more tbro ,~ 3 _%
<br />of the gran sub prke, remaoabk Ntorxy'e fees and cosy of title evidence; (b) to nil soma secured by thin Geed o/ Trmp aed (c) the excess, if
<br />any, to the person a Fannin kgaBy eaUlbd thereto.
<br />19~ Ilarrown's Right to Reinetak. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, Borrower shall have
<br />Cite right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time pour to the earlier to txcur o!' (i) the
<br />fifth day before the sale of the Property pursuant to the power of sale cvntatned in this Deed of -Trust yr (ii) entry of a ludgmem enforcing this
<br />Deed cf "trust if: ta) Borrowrr payz Lender all sums whfeh would be then due andcr thts Deed of True[, the Note and notes securing furore
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