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<br />B4-
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<br />005651
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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 or
<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 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 of the monthly installments 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
<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 ag&inst 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 Lender Not a Walver, 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 />Deed of Trust.
<br />12. Remedl...Cumulatlve, AU remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of Trust or arforded by law or equity, and may be exercised concurrently, independently or successively,
<br />13, Successors and Assigns Bound; Jolut and Several Uablllty; 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 oniy 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 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 mall, return receipt
<br />requested, to Lender's addres-s statfd h~r~in or to sl)~h other address as Le.!"' ~c... may designate by notice to Borrower as provided herein. Any
<br />notice pro....ided for in this Deed of Trust shall be deemed to havt been 2-7-';', r o{.rrower or L{'n.(;_~~- when given in the manner designated herein.
<br />15. Uniform Deed o.f Trust; Governil!g Law; S..el'1'lbillty, TIli'.','ll of deed of trust combines umform covenants for national use and
<br />non-uniform covenants with limited ,..ariations 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 affoct other provisions of this Deed of Trust or the Note which can be
<br />gIven effect without the conl1icting provision, and to this end the provisions of the Deed of Trust and the Note are declaredt(\ 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 e,,,ecution or
<br />after recordation hereof.
<br />17, Transfer of tbe Properl)'; Assumption, If all or any part of the Property or an interest therein is sold or transferred by Borrower
<br />\\'ithom 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 secunty interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint
<br />tenant or ld) the gram of any leasehold interest of three years or less not containing an option to purchase, under may. at Lender.s option,
<br />declare aU 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 [0 the sale or transfer. Lender and tpe 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 Deed of Trust shall be at such rale 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 ex!:CUted 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 I.coder exen.:ises such 1...lpnon to .hx:f'lerate. Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof.
<br />Su~h notlcC' shall pr\wide a perli,:xl 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 />in,,'oke any rem~d.ies ~rmiued by paragraph 18 hereof.
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<br />NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows:
<br />18, Aceeiffatiou; Remedies, Exeepl as provided In paragrapb 17 bel'eOf, upon Borrower's breach of any covenant or alroemenl of
<br />Borrower in this Deed of Trust. inclndlng tbe coyeuanlS to pay wben due any sums secured by this Deed of Trusl, Lender prior tu acceleration
<br />shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) tbe breacb; (2) lb. actlun required 10 cure such breacb; (3) a
<br />date, nollcss than 30 days from the dale of notice is mailed tu Borrow.r, by whicb sucb breach musl be cured: and (4) tbal faUure 10 cure sueb
<br />breach on or before tbe dale specified in !be notice may result in acceleration of tbe .lIms secured by Ibis Deed of Trusland sale of lhe Property.
<br />The notice shall fw1ber inform Borrower of tbe rigbt to reinstate after accelerallon and tbe rigbl 10 brina a court action to _rt Ibe non-
<br />exisle_ of a default or aoy olber defense of Borrower to aceeleratlon and sale, If tbe breach is uut cured on or before Ibe date specified In tbe
<br />notice, Lender at Lender's option may declare aU of tbe sums secured by tbis Deed of Trust 10 be Immediately due and payable ...ithoul further
<br />demand and may invoke lbe power of sale and aoy other remedi.. permitted by applicable law, Leuder sball be entitled to coUed aU reasouable
<br />,'osts and .xpe..... incurred In pursuinglbe remedies provided In tbis paragraph 18, includlnl, I>UI not limited to, reasouable attorney's fees.
<br />II tbe power of sale is invoked, Truslee .ball re<:ord a notice of def.ult in cacl> counly in wblcb tbe Property or .ome part Ihereof Is localed
<br />and sball mail copies of such nooo in tbe manner p~nbed b)' IIpplicable law to Borrower IIlnd to tbe- other persons prescribed by appUcabJe
<br />law, After tbe lapse of sucb time as may be required by applicable law. Trustee shall give public notice of sale to Ihe persons and In lbe manner
<br />pr<scribed by applicable I..... Trustee, wltbuul demand on Borrower, sball sell the Pruperty al public auction 10 Ihe bigb..1 bidder allhe tlm.
<br />Qnd place aod uode-r the terms designated in tbe notice of sale In one or more parcels and in such order as Trustee may df'termine. Trustee may
<br />postpone- sale of all or any parcd of tbe Property bl pub-lie announcement at the time aod place of any previously scheduled sale. Lruder or
<br />l..ender'!;; de:si&D~ may purchase tbe Property at aDY !iale.
<br />l!pon ""'''pI of paymenl of lhe price bid, Truslee sboll deliver to lh. purchaser Trustee'. deed conveying the Property sold. The redl.1s io
<br />I'" Truslff's deed .hall be prima facie evidence of tbe lruth of the .Ialements made lberein. Truslee .hlll apply the proceeds of lbe .ale in lb.
<br />foU()wina orde-r: tal to aU reasonable costs aDd expeDH5 01 tb~ sale. includinx. but not limited to, Truslee-'s f~ of not mON: than ? ora
<br />nf tbt" lrnss s.tJ~ price. reasonable aUorlWY's tte5 and costs of title tvldent-'e, (b) to aU sums s<<:ured by Ihis l)eed of Trust; Ilnd te) the exces."i. if
<br />an). !Q the- ~T5Ud or ~rs.(uJS legally €,DUtled thereto.
<br />lQ, '8urn)wu'" Ritat H' Reinstllle. NO(WHh&.tanoing t .ender's ~K\,.'ekfatJoll (.lllw "U1Ib ~t:"\':ure'd My lhl\ lkeJ nf rnl~f, Honower ..hall have
<br />fht, !lghl h, ~\,He J:ny rr\..~n..'J.lHg~ t>~~IH} by L{;udcr 10 ~'ntOj'l.;e tiw.. Den1 01 fru."l. lh~ulfltinued ,:1\ all~ ~l!nt' plll\r 1;1 I !It" <;'"i.Hhcr 1',1 ~>c...'ur pt (i) the
<br />;I!UJ "hi\' i'>t:!Of\' lhe <,i,1,le pi !tlt: Pr\.Jpeil,r l)lH~U;Hl! {I.I lilt' pOWt;:t clI ....ak L\.lntdlHl.'d U1 !hl':> Dt>ed (II I rm! \,H 1111 ('fll!" loll a .Iud-gmell; t'nlorung
<br /> 1111""
<br />j)e.;:-J ..',/ if"';'; .r l..'!.f fvyrown pil"". j Ol.d\"! ,tii "".Hli" whl~h .....ould hI; lht"!l dul.: ,!Hdcr J.tll.~ Dt:'t"d \.Ii j Pl"~, 1 !It' ~-.j\lle ,1nd [1\)1('" ..t'..:\ning
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