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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 />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 I 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 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 Leader 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 charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Dad 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 />Dad 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 Liability; 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 Dad 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 Decd 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, 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. Arr
<br />notice provided for in this Dad 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 Trust; Governing Law; Severabillty. This form of dad of trust combines uniform covenants for national use and
<br />non- uniform covenants with limited variations by jurisdiction to constiture a inniform security ;nstrument 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 Dad 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 exec_uon cc
<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 transferred by Borrower
<br />without Lender's prior written consent, excluding (a) the creation of alien or encumbrance subordinate to this Dad 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 not containing an option to purchase, Lender may, at Letter'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 ri ansferred reach all ment in writing that the credit of
<br />such person is satisfactory to Lender and that the interest payable on the stuns 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 exectaed a
<br />written assumption agreement accepted in writing by Lender. Lcnder shall release Borrower from all obligations under this Dad of T ,cat and
<br />the Note.
<br />If Lender exercises such option to accelerate, Lender shall mui Bor ower notice of acceleration in accordance with paragraph 14 hereof.
<br />Such notice shall provide a period of not less than 30 days from the „ate 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 retneches permitted by paragraph 18 hereof.
<br />NON- G'NIFORvI COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant at agreement of
<br />Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this heed of Trus- i. -r;— to accelernhe+u
<br />shall mail notice to Bsrrowty as provided in paragraph 14 hereof speciit;mg: (1) the breach; (2) the action required to cure seek breach; (3) a
<br />date, not less than 30 days from the date of notice is maUed to Borrower, by which such breach area be cured; and (4) that failare to care such
<br />beach on o; before the date specified In the notice may result in acceleration or the see secured by this Deed or Trot and sale of the Property.
<br />The under shag farther inform Borrower of the right to reinstate after acceleration and the eight to bring a coati action to assert the mm-
<br />esietcaee of a default or any other defense of Borrower to acceleration and sale. if the Irceaca o —got eared on or before the dale —,—,f "_A i- the
<br />ender. Lender 1t Lender's option may declare all of the sure secured by this feed of Tract to be immediately due dad payable without farther
<br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Leader shall be entitled to collect NI reasonable
<br />costs and expenses 'incurred to pursuing the remedies provided in this paragraph 18.
<br />including, but not limited to, reasonable attorney': tea.
<br />If the plower of safe is invoked, Trustee shall record a notice of default In each county in which the Property or some part thereof is located
<br />and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable
<br />law. Aster the lam of such time as may be required by applicable law. Trustee shall give Public notice of sale to the persons and in the mameer
<br />prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time
<br />and pbce dad under the terms designated In the notice of sale In one or more parcels and in such order as Trustee may determine. Trustee may
<br />Postpone Mk of all or soy parcel of the Property by public announcement at the time and place of any previously scheduled sale. Leader or
<br />Leader's designee may purchase the Property at any sale.
<br />UP" rrcell" of Payment of the price bid. Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold. The recitals in
<br />a • . Trustee'; 4--d ;cost br prima tack evidence of the troth of the statements made therein. Trustee shall a
<br />DPh' the proceeds of the sale in the
<br />L foROwift Order: (a) to all reasonable costs and expenses of (be sale, including, but not limited to, Trustee's fees of not more than t h i - e we
<br />of the arms sak price, reasonable attorney's fees and costs of title evidence; (b) to all sums secured by this Deed or Trust; and (cl the excess, it
<br />11MY, to the Peron or Persons legally entitled thereto.
<br />19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sum, ccuied ha thts hrsxi of I ru %t. Borrower %hall hate
<br />the right to hair any prtweedtngs'..rcgun by I ender t„ enforce this Deed � f bust d)s %onunued at am time f't apt to the earlier t;, iciut ; I tit he
<br />fifth era} h&h,fr thr tale ref the Pru(xrly pur,uaru to the Tx,wer rri %air nor n mod in this Deed of Tru%i rat Ina ontr% oI a µidgmcnt enlbtcutg thl,
<br />Deed of fru,t it tai Horror pay, 1 ender all turn, uhi,h o. =.,raid he Own due ondrr, •hi, herd of (rn,+ ' "r '1.'otr vrnd tt,ur, a „t :mg ': , ,_c
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