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<br />by this Deed or Trust immediately prior to the da~e of taking bears to the fair market value of the Property immediately prior to tbedate,of
<br />taking. with the balance or the proceeds paid to Borrower, , , ,
<br />If the Property is abandoned by Borrower, or if. after notice by Lender to Borrower tha~ the condemnor offers to makean"wardor~lea
<br />claim for damages, Borrower rails to respond to Lender within 30 days after, the date such notice is mailed, LeI1der isaufl!'>~ toCl>l~~ ','
<br />apply the proceeds, at Lender's option, either to restoration or repair of the Property or ~othe sums secured bythispeeCtOf'J'~~~'..:>:,>>;'
<br />Unless Lender and Borrower otherwise agree In writing, any such application of proceeds toprinc:iPlllshalln,otextend()r.~~~~: ;:;/
<br />date of the monthly installments referred to in paragraphs I and 2 hereof or change theamountof such insUtI1nJenlS. ':,. ,,' ,;,' '.,:,.';:';::';)::;'\
<br />10. Borrower Not ReIeaaed, Extension of the time for payment or modification of amortization oftheSlUlls~edliytl1is:~,:"f;!!,u.t;;';;
<br />granted by Lender to any successor in interest of Borrower shall not operate to rel~, in anY _manne~Jihe_liabiIitY--of t~t:o~~JU~l:~#-Pr'~-~?_'/'?"""-' --~
<br />Borrower's successors in interest. Lender shall not be required to commence proceedings against sueh- su""""soror;rer~;~),x~6',1:$,,;~OJ'iL::: :'
<br />payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of ai!ydemandmade liytlte~ris!ltlItll\>~~'
<br />and Borrower's successors-in interest. _ _ , ' _ :, _ " _"':<-' >;,--:,.. '_', ,\::','_:,_::_.:::-,__>.'_::;:,::';:::;
<br />11. ForbearaDce by Lender Not a Waiver. Any rorbearance by Lender in exercising any right or .remedYbereund5',orot1l~!I!f"!'~
<br />by applicable law, sball not be a waiver of or preclude the exercise of any such right or remedy, The procuremen! c:>fi~ur!'J1~'()r}IJ~PI!~:~f,':":':
<br />taxes or other liens c:>r charges by Lender shall not be a waiver of lender'S right to accelerate the maturity 'of the ind~biednesS'secured'~ytlJis\: ,- :'",;
<br />Deed of Trust. , ' , ' ,"",":'''::;'' i::~i:> '"
<br />12, Remedles Cumuladve, All remedies provided in this Deed of Trust are distinct and cumu!a~ive toanyotberr!8htorretnedr'uri~!IJis"':':-
<br />Deed of Trust or afforded. by law or equity, and may be exercised concurrently, independently Or successive.ly. ,_' _.: ,_ ."".,' _ i: ::_,-):,<' ':",:->:::.::'~" _ ::':_'::: '?_::/:;
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<br />13, Successors aDd AssIgDs BoUDd; JolDt aDd Several UablUty; Capdons, The covenants and agreements bereinCClnia,inedslJ:llll~i!1~,,~d.:",'
<br />the rights hereunder shall inure 10, the respective successors and assigns of Lender_and Borrower, subject tOJhe provisi()~:p~:~_~~p~:i~_1/,_ > .
<br />hereof, All covenants and agreements of Borrower shall be joint and several, The captions and headings of theparagraphsoftlJisI>o;ed'of-;r~,:'
<br />are for convenience only and are not to be used to interpret or deijne the provisions hereof. _ ',;-" ,,' _ _ ;,_' i i,'- -:'",;,~:,~:{~:,:_~'/;:L~~;,~>~'
<br />14, Nodce. Except lor any notice required under applicable law to be given in another manner, (a~anynoticetoBorrow"!'fWyi~4 fO~;~'"
<br />this Deed of Trust shall be given by mailing such notice by certified mail addressed ~o Borrower at ~he Property Address oratsuchotheI"'"Icl.t;~,:
<br />as Borrower may designate by notice to Lender as provided herein, and (b) any notice w Lender shall be given,by-certi{ied ~I;::~~,~,:r~p.t_
<br />requested, to Lender's address stated herein or to :mch other address as Lender may r1esignate by notice to_Borrower;'as:p'ro~~;ljue!#_{'~Y~
<br />notice provided for in this Deed of Trust shall be deemed to have been giv~n to Borrow~. '..,r Lender when given iinhe ,manner_ desigriat~(f~~r~:,7'_'"
<br />15, Uniform Deed of Trust; Governing Law; Seve...biD~y, Thi. ~ (ffi or deed of trust combines uniform cv.enants .for natio'1a1'us<oand
<br />non-uuiform covenants with limited variations by jurisdiction to constitute a uniform security instrument coverh'l~:!'eal, pr_o~~ _!~~~'_~~:~
<br />Trust shall be governed by the law or 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-Ndte_wirl~h_~--tie-:
<br />given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are dechlred to be severabl~~
<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 transfc..-red -by-Bortower-
<br />without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed ofTrust~ (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 not containing an option to purchase. Lender may. at Lender's option.
<br />declare ail the 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. 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 peed of Trust shall be at such ra,te as Lender shall
<br />request. If Lender 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 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 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.
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<br />NON-UNIFORM COVENANTS, Borrower and Lender further covenant ~U1(tii~~-i~:~~~~
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 here~f;";;~;7.a;;.:,;;;,~- breach of any covenant or agreement_of
<br />Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration
<br />shall mall nolice t080rro".r as provided In paragrapb 14 bereof speclfylDg: (1) th. breach; (2) the aclioD required 10 cure .uch breach; (3) a
<br />date, not Ie&- th:t12 30 days from the date of notice is malled to Borrowert by which such breach must be cured; and (4) that faOore to cure such
<br />breach on or before the date specified io the notice may result in acceleration t>~ <'!ie sums secured by this D<<d of Trust and sale of the Property.
<br />Tbe notice shall further inform Borrower of the right to reiostate after accderntion 2nd tbe right to briCK ja .rourt actipn to assert tbe DO:"....
<br />existence of a default or aoy otber defeDS:' of Borrower to acceleration and sale. If tbe breach is not cured on or before tile date speciileG in tbe
<br />nolice. Lender ot LeDder's opdon may declare all of the snlDS secured by tbis Deed of Trust to be Immediately due and payable "Ithout further
<br />demand and may invoke tbe power of sale and any other remedies permitted by applicable law. under sball be entitled to coUect all reasonable
<br />costs and expenses incurred in pursuing tbe remedies provided in this paragrapb 1St including, but not limited to, reasonable,attorney's fees.
<br />If tbe power of sale is invoked, Trustee sbaU record a notice of default in each county in which the Property or some part thereof is'oc.ated
<br />and sball mail copies of such notice in the manner prescribed by applicable Jaw to Borrower and to the other persons prescribed by appUcable
<br />law. After the lapse of sucb time as may be required by applicable law, Trustee shall give public notice of sale to tbe persons and 10 the manner
<br />prescribed by appJicable law. Ttustee, witbout demand on Borrower. shall sell tbe Property 81 public auctlon to tbe bigbest bidder at the time
<br />and place and under Ibe terms designated in th~ notice of sale in one or more parcels and In such order as Trustee may determine. Trustee may
<br />pMtpone- sale of all or any parcel of tbe Property by public announcement at tbe lime and place of an)' previously scheduled sale. Lender or
<br />Lender's deiignee muy punhase the Property at any sale.
<br />Upon receipt of payment of tbe price bid, Trustee shall deliver to the purcha.ser Trustee's deed conve)'ing tbe Propert)' sold. Tbe recitals in
<br />tbe Trusreels deed sball be prima f.cI~ evidence of tbe- truth of the statemeots made therein. Trustee :'l;b.aU appll the proeMS of the sale In th\':
<br />following order: (a) to aU reasonable cosu and expenses of tbe we, including, bur not limited 10. Trustl"e's fees of nof morl!: than _.._ l~_ Ill!!
<br />of the gross sale price. reasonable at1:omt')"jj fees and costs of titl~ evtdenn; (b) to aU sum!i 5ecUrt'd b)' this l.k-ed of Trust: Ilod tc) rh(" nc-e.\S. jf
<br />ODY. to tbe. person or persons legally .ntided thereto,
<br />19~ Borrowt'rls Rilht to Reinstate. NOlwith.standing Lender's accderatioI} O{ (he' ~111l1~ _~~;,;urC'J by thi.':> I)..xxi d f fUi;t, HQiWWel '-haU hu\("
<br />the fight h) have any proceedings begun by Lenuer to cnfor-ce lhi.~ Det,'tJ of Trusl dis(,:orlli/HJ;::d ,it any liHh.' pti,-'If II.J the carlit"r h\ i,Kdj[ ,\1 (I) {he
<br />fifth day before the sale of the Property pursuaJu 1\) The p'Ower of ~..ak contain~--;;i in ihi;, L).;;-('.(j of rnn.r Of (nl ~~nn-y 01 ,l 1udg.lHt'jii cnf':llung 11m
<br />Ixed of Tra.\it if: (it) Bo.rro-wt"r pay!!, Lt'oder 4ft j-;Um.~ which w-o!_dd be ihal J\l~~ '.i:H.i~'T th,) D~;""t;d of Tr,lsl, \lW ,.....ok ..md fl(ltC_" "~:-i.\jl mg Fatur,
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