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<br />84,-
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<br />005556
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<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 />laking, with the balance of the proceeds paid to Borrower,
<br />lfthe 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 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 or the monthly installments referred to in paragraphs I and 2 hereof or change the amount of such installments,
<br />10, Borrower Not Released, Extension of the time ror 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 shaH 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, Forbearance by Lend.r Not a Walv~r. Any forbearance by L.nder in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shall nOl 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 or Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Deed or Trust,
<br />12, Remedies Cumulative, All remedies provided in this Deed of TlUst 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; JoinlllDd Several IJablllty; 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. ,AJI 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, Notice, 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 designate by notice to under as provided hc('ejn. and (b) any notice to Lender shall be given by certified mail, return:re\:eipt
<br />requested, to Lender's address stated hetein or to such other address as Lei' '-r may designate by notice to Borrower as provided herein. Any
<br />notice pio....ided for in this Deed of Tillst shall be deemed to have been ~;;'''-'~I ;'". . '(Tower or Len.-l:r when given in the manner designated herein.
<br />15, Uolform Deed of Trust; Gov""",,X Law; Seve....!IIIIty, Thi, . '" 01 deed or trust combines uniform covenants for national use and
<br />non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. nus Deed of
<br />Trust shall be governed by the law of the jurisdiction in which .he Property is located, In the event that any provision or clause of this Deed of
<br />Trust or the Note cont1kts 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 fUinlshed a conformed copy of the Note and of this Deed of Trust at the time of execution or
<br />after recordation hereof.
<br />! 7, Tr....f.r of tb. Property: Assumption, If all or any part of the Property or an interest therein is sold or transferred by Borrower
<br />without lender's prior wntten (;onsem, ex..:1uding (a) [he creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the creation of
<br />a pur...:hase money security interest for household applianl.-'eS. (c) a transfer by devise. descent or by operation of law upon the death of a joint
<br />tcnam ur {dl the g.rant of any ieasehold imerest of three years or less not containing an option to purchase. Lender may. at Lender's option,
<br />dn:lare ail Ihe sums sC\:ured by [his Deed of Trust to be immediately due and payable. lender shall have waived such option to accelerate if,
<br />prior [0 the sale or transfer. Ler.der and the penon 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 lhe interest payable on the sums secured by this Deed of Trust shall be at such rate as Lender shall
<br />f~qUest. If Lender has war..-ed the option w accelerate provided in this paragraph 17, and if Borrower's successOr in interest has execUled a
<br />\~.rHten assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Deed of Trust and
<br />(he Note.
<br />H Lender e:xer(iSes. ~u~h option to a\.'I,:e1erate, Lender .shall mail Borrow~r nOllee of acceleration in accordance with paragraph 14 hereof.
<br />Such Botict' shaH pI0\-ide a pt'r~t->d. L'f nul ks.s than 30 days from the d~te the notice is mailed within which Borrower may pay the sums declared
<br />due, if Borrow~r fails h) pay su\..'h "um~ prior to the expiration of such period, Lender may, without further notice or d.emand on Borrower,
<br />in'illk.c dny remedies ~rmitted b) paragraph 18 here'uf.
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<br />NON.UN!FORM COVENAN1S. Bo!!oYier a~,,:d: Lender further ~ovenant and agree as follows:
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<br />18, ,,,"<<e1.ration; Remedios. beept as provided in PlU1llraph 17 bereof. upon Borrower's ~b of any covenanl or III-t of
<br />Borrower in this Deed of Trusl. iocludlng tbe <ovenauts to pay wben dne IIDY sums seeured by tbls Deed of Trusl, Leader prior to acceIentloa
<br />sboJI mail nolke 10 Borrower as provided in paragrapb 14 hereof speclfyiDX' (1) tbe breach; (1) lhe ""doa reqalred to cure sueb breada; (3) a
<br />dOl', nOlless than 30 days from the dal. or noti... is mailed to Borro,...r, by wbleb suell breacb musl be cared: IUld (4) thai fallure to ClUe sueb
<br />breacb on or before lhe dal. specified in lbe nolke may n:5UIl in acceleration of Ibe sums seeured by this Deed 01 TrusllUld sale of lhe Property,
<br />The nolke sball lurther inform Borrow.. uf tb. rigbl 10 relMtat. aft.. ac...lendon IUld lhe riXhlto bring a court acllon to assert lhe noa-
<br />..islenee of 0 default or aay otber dd.nse of Borrow.r to acceleration IUld sale, If the b.....cb is nol cured on or before lhe dale spedfled in lbe
<br />noll<... Lender al Lender's option may declare all of the sums seeured by Ibis Deed of Trusl to be Immediately due and payable wlthoul lurther
<br />d.mand IUld may Invoke tb. power of sale IIDd lIDy nlber remedies permitted by applkabl.law. Lender shall be endlled to colleel alll'tllSOnable
<br />cus" and expenses incurred in pursuing the remedies provided in this plU1lgrapb 18, IncludlllJl, bul nOlllmlled 10, I'tlUOWIble attorney's f_,
<br />If tbe power of sale Is Invoked. Trulllee sball record a nolke of delaull In eacb county in wbicb lhe Property or some part thereof Is localed
<br />llDd sball mall copies of sucb noli.., in the manner prescrilkd by applicable law to Borrow.r and 10 lbe olber pe..OIlS prescribed by' applicable
<br />law, After lbe lapse of sucb time... may be required by applicable law. Trustee sball g1>'. publle notice of sale 10 tbe persoDlillDd In tbe manner
<br />prncribed by appllca"law, Trus'.., wUboul demand on Borrow.r, .ball..1I the Property a! public aucllon to tbe bigbest bidder at Ibe time
<br />and place and under ttH: tenD.Ii desianated in the notice of saJe In one or more part.~els alOd in such order as Truslee roM)' delerm.lae. Trustee IDa)'
<br />postpone sale of IllI or any parcel or .be Propen}' b) pub-lit announcement >>.t the lime IUld pllillt."e of aDY pre\liousl) s.:brduled. Hie. Lender or
<br />Lender'. deolX_ may purcb.... Ibe Properly at any sale,
<br />t:pun re<<lpl of payment of Ibe price bid, 'I'ruslee sball delher 10 the purchaser TrWitee's deed conveying lbe Property .old, Th. redlals In
<br />lbe Tru.t...'. deed sbaD be prima facio ovklence of lhe trulb or Ihe slalom.nls made !b.rein, Tru.t.. .ball apply tbe proceed.o nf lh. sal. In tb.
<br />Innqwill1l order: (a.) to aU rf1l8U1lable cosb aDd ex.pt"Mft of the- uJe, indudhtll. but not UmJted 10. Trustee's fees of not more than 0/0
<br />or Uw Ir08..~ iaIt' price. reuOUilbk- ....urney's fen md COliLs of title- e~idence-; (b) to allsum.'i M'Cun.-d b} Ibis l>ffd of ]'rusl; Ilnd (('. thf' UCeh. if
<br />an,. to tbe ptNon ~ pt'rsol\..,.lt1~b t'ntldfll tMreto.
<br />)Q. BOffUltf'r'S Riabl to a..hhl.at:. N\llWl~h:)landtn~ t.cn~.k, ',> <u';l.:~:It:, allon vi the sum~ ~('l.:UH-..J b:o lhL.. lh't;;l.i ot "I fll"{. rhH I \lWeI ."hJll flaH'
<br />~llC.: n~iit h) haH." ;'11',) pll."t;edlH~:' h'!<\.lll b~' ll:l\J\~, 10 enkHt.:c Ihi:', !.)(~\'J 01 flU:>! ,.hs.<onlllH.leJ dt ,111,\ l:m~ I'fh1{ I\l ,!It,' t'arlU.'T I..) ..kdU \1/
<br /> (I) the
<br />'-,Jlh d.,. r't'tn:e it"\{' ';.ale ,)f Hit' p{OPt'I!;. Pilji.;Ji:illi. l(~ the P{)Wtl of Con!.:: umtd.\tl{'G:II 'hI'\' fk--cd ,)1 I ;.u!.t "! on em!'> \J; a ~uJ)!melH cnl,Hufl.!j; (hI'
<br />i~-r.::;j ,II ji~\; 11 l;d l~.'I'L.}""t'; pa,'~ I \:f;dq"it! \\llih ~iHdl ,^uuiJ bt.' 1111..'11 L1W:: ;.l!hkl Ill!" j)t:n.1 ,)l in!'.!. lill' "..;,'It' .Ultl1h)H'~ "(:L'ur!ll~, hau,('
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