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<br />84- 003714
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<br />by this Deed of Trust immediately prior to the dale of taking bears to the fair market value of the Property immediately prior to the date of
<br />laking, 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 dare 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 Deed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or PQstpone the due
<br />date of the monthly instaUments referred to in paragraphs 1 and 2 hereof or change the amount of such installments.
<br />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust
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<br />gr~'1teC by Lender tv any successor in interest of Borrower shall not operate to release, in any mann~, the liability of the,origina.!'Borro\,:=r and:
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<br />Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extena' 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. Forbearance by Lender 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 charge~ 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 Cumulative. 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. Successors and Assigns Bound; Joint and Several Lia:blUty; Captions. The covenants and agreements herein con~ed shall,bind,"an~
<br />the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions, of paragraph-,-l7
<br />hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this ~ ofTiust
<br />are for convenience only and are not to be used to interpret or define the provisions hereof.
<br />14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower.:provided fodn
<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. re~,~eceipt
<br />requested, to Lender's address stated herein or to such other address as Lender may '''.ignate by notice to Borrower as provided herein: AnY
<br />notice provided for in this Deed of Trust shall be deemed ;"; have bee;! ("ven to Borrower or Lender when given in the manner designated herem.
<br />15. Uniform Deed of Trust; Governing Law; SeyerabUity. Thl.1 .-0rm of deed of trust combines uniform covenants for natio~ 'use- and
<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 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 law. such 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 be severable.
<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 ail 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, (b) the creation of
<br />a purchase money securhy interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death aLa joint
<br />(enant 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 all the sums secured by this Deed of Trust to be immediately due and payable. Lender shall have waived such option to accelerateif,
<br />prior to the sale or transfer, Lender and the person lO 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 payablt: on the swns secured by this Deed of Trust shall be 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 in interest has executed a
<br />written assumprion agreemem accep[ed in writing by Lender. Lender shall release Borrower from all obligations under this Deed of Trust and
<br />{he 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 shali provide a period of not less than 30 days from the dale the notice is mailed within which Borrower may pay, the sums declared
<br />due. If Borrower fails to pay such sums prior to the expiradol1 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-UNlFORM COVENANTS, Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof. upon Borrower's,b~t,h'~f.-'~~,~b~ftant- or'agmment of
<br />Borrower in this Deed of Trust. including the covenants to pay when due any sums secured by this ~-ot.~~~ Under prior to acceleration
<br />shaD mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) tbe breacb; (2) tbe action r~uired to cure such breach; (3) a
<br />date, not less (han JO days from the date of notice is mailed to Borrower, by wbIcb such breach must be cured; and (4) tbat failure to cure such
<br />breach on Of befort" tbe date specified in tbe notice may result in acceleration of the sums secured by thJs Deed of Trust and sale of tbe Property.
<br />The notice shaJl further inform Borrower of the right to reinstate after accelerlldon and tbe riabt (0 brinJt a court action to assert the non~
<br />existence of a default or au)' other defense of Borrower (0 acceleration and sale. ]f tbe breach lS not cured OD or before (he date specified in the
<br />notice~ Lender al Lender's option may declare aU of the sums secured by tbis Deed of Trust to be immediately due and payable witbout further
<br />demand aDd may in\'oke tbe power of sale and &0)' other remedies permitted b}' applicable law. Lender shall be entitled to coUed all reasonable
<br />costs and expenses incurred in pursuing the remedIes provided In this paragrsph 18, including, but not limited to, reasonable attorney's fees.
<br />If the power of sale is in\'oked~ Trustee shall record II notice of defauU ie each county in wbkb tbe- Property or some part thereof is located
<br />and shall mail copies of such notice in the maDner prescribed b) applicable law to Borrower Mod to the other persons prescribed by applicable
<br />Illw. After tbe lapse- of such time as may be required by applicable Jaw. Trustee shall gin public notice of sale to the persons and in the manner
<br />prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder al the time
<br />ilod place and under tbe terms designated in the notice of sale in one or more parcels and in sucb order as Trustee may determine. Trustee ma).
<br />postpone sale or aU or any parcel of the Property by public announce-men I at the time and place of uny previously scht"duled sale, Lender or
<br />Lender's designee may purcbase the Propert)' st any saJe.
<br />Upon receipt of payment of tbe prke bid, Trustee sbaU deliver to Ihe purchaser lru.'it~'.'i deed conve,'ing the Propert)' sold. The recitals in
<br />the TruIttu's deed shaH be prima fade f\"idence of HiE truth of ;bi: stil;emeulS made ihtl'elii. Trustee shaH IIppi)' the proceeds of the salt' in tile
<br />following order: (a) to aJl reasonable costs and expenses of ibe sale, including, but not limited to, Truslee's fi.-es of not more thiln ___ _ML~____ IJJ,;
<br />of (he gross sule price, reasonable attorne)"s fees and costs or title evidence; lbl to aU sums .sc1:ured b)' this Deed of I rust. and (c) the e;u:css, If
<br />an)', to the person or persoDs legally entitled therelO.
<br />19. Borrower's Right t-o Reinstate. Notwith~landillg Lender'.'; CJ:.:~e1efa(io!l ~\f [be :-.\lm:; .~t:,:urcLi hy lliJ.~ Ut'~.::j i): '1 f\1~\!, f:k)fll}Vt.'t:! 'ihalJ 11;\\,
<br />the nght to havt any plvcccding:. begun hy Lender {O ,,"nfof(,c [hi:. Decu 01 'J fU", dl.,c0ntlftIJcJ ,i\ <lilY lHllC pi IOi tl' I h:;: ,;full::: IU ~\C~Ul d it) !he
<br />fifth day before the. sale of the Property pI.HSU<\fH \() the power of .)uk ("untamed ill tIll~ lh:-t:J ,,-,r 'j rU:.t p, lid -:.'111;) lJ! d .;uugmclll elif,,-1!..:wg Ulj~
<br />C.eed ~lf Trust if: {a.) H;.)f[ower pay) l"ender ail sum:, whidl \\ould be lht:[; due lill.Je! ;h\, [)l'C0 I't 1 [(hI, ,t~t: ~'-'!;'; ;jl,d ill)!':::, ,"C(Urln~ 1,'uruJ,--
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