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<br />by this Deed of Trust immediately prior to the dais of taking bears to the fair market value of the Property immediately prier to the date of
<br />laiutg, with the baianoc o£ 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 iatnages, 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 sutras 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 emend 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 />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. Saccemors and Assigns Bound; Joint and Several IJabillty; Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shall inure to, the respe:-five 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 headinns of the paragraphs of this Deed of Trust
<br />are for convenience only and are not to he 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 trail addressed tc, Borrower at the Property Address or at such other address
<br />as Borrower may designate by notice to Lender as provided herein, and tb) any notice to Lender shah' 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. Any
<br />notice provided for in this Deets 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; Severabi0ty. This form of deed of trust combines uniform covenants for stational 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 anv provision or clause of this Dead of
<br />Trust or the Note conflicts with applicable law, such conflict shall not affec, other provisions of this Deed of Trust or the Note which can be
<br />given cfftrt without the conflicting provision, and to this end the provisions of the Dee' of Trus; and the Note are declared to be severable.
<br />16. Borrower's Copy. Borrower shall he furnished a conformed copy of the Note and of this Deed of Trust at the time of exectirion or
<br />after recordation hereof.
<br />17. Transfer of the Property; Assumption. if all or any par: of the Propmy or an :merest therein is sold or transferred by Borrower
<br />without Lender's prior written consent, excluding (a) the creation of a her, or enic u t r ante svbordmate to this Deed of Trust, (b) the creation of
<br />a purchase money security interest for household appliances, (c) a transfer by device, 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 nee 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 accelerate if,
<br />prior to the We or transfer. Lender and the person to whom the Property is to he sold or transferred reach agreement in writing that the credit of
<br />such person is satisfactory to Lender and that the interest payable or the sums secured liv ;his 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 assumption agreemrnt accepted in writing by Lendcr, Lender shall release Borrower from ah' obligations under this Deed of Tr,,w and
<br />the Note.
<br />If Lender exercises such option to accelerate. Lender shall mail &- untie noticee of acceleration in accordance with paragraph 14 hereof_
<br />Such notice shall provide a penod of not less than 30 days from the laic 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 su_h period, Lender ;:lay, without further notice or demand on Borrower.
<br />invoke any remedies permitted bv. paragraph 18 hereof.
<br />NON- UN'IFORN COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18, Acceieratlon: Remedies. Except as provided to pLra rapb 17 hereof, upon Borrowers brear_h of say covenant or agreement of
<br />Borrower in this Deed of Trout, including the covenants to pay when dote any sums secured by !iris Deed of Trust, Leader prior to acceleration
<br />shall mail notice so Borrgwe, as provided in paragraph 14 hereof specifying: 0 1 the breach; (2) the action
<br />required is care such breach; t3l s
<br />date, not lew than 30 days from the date of notice is mailed to Borrower, by which such breach meat be cured: and (4) that failure id care such
<br />breach on or before the date specified in the notice may result in acceleration of the sans secured by this Deed of Trust and sale of the Property.
<br />The notice shalt further inform Borrower of the ritht to reinstate after welcratiou and the right to bring a court action to assert the nou-
<br />adstei ce of a default or any other defense of Borrower to acceleration and sale. If the bract Is not cured oa or before the date specified in the
<br />notice, Leader at Leader's option may declare all of the stems secured by th!s Deed of Trust to be immediately due and payable without further
<br />demand mud may invoke the power of sale and any other remedies permitted by applicable hint. Leader shall be entitled to c~ all rmosaW
<br />costs and expanses incurred In pursuing the r- medtes provided in this paragraph lg, including, but ant limited to, reasonable attorney's fm.
<br />If the power of ask is invoked, Tro•tee shall record a notice of default in each county is which the Property or some part thereof is located
<br />and shtdi mail cools of such notice in the m>raeer nrwrehed h, -- w t��, ,
<br />a---- ^---�. �_ .yea :;c �v_sr�as� r to the persons prescribes
<br />law. After the lapse of such time as may be required by applicable law. Trustee shall give public notice of ask to the persons and is the manner
<br />linear. bed by applicable law. Trustee. without demand on Borrower. shall ad] the Property at pobtic auction to th► highest bidder at the time
<br />and place and under the terms designated In the notice of ask to one or more parcels and in such order as Trustee may determine. Trustee may
<br />postpone sale of all or may parcel of the Property by public announcement at the time and place of say previously scheduled sak. Lender or
<br />I&ndtr'a desiguae lay purchase the Proue!:y, at any sale.
<br />Upc s recttpt of payment of the price bid, Trustee shah Miser to the purchaser Trustee's deed conveying The Property se'd. The recitals to
<br />the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sak in the
<br />foBawtug order: (a) to ad reasonable costs and expenses of the ask, including, but not limited to, Trustee's fees of not more than r'x
<br />Of the gross rule Parke. eemOkili6ir attorney's fees and costs of title evidence: (b) to alt sutras secured by this (lent of Truss: and tc) the exrras, if
<br />any, To the person nr persons legally, entitted Thereto.
<br />10. Borvowrr'r (light In Reinstate. Nmwjthstanding I cnilct'i acceleration, ni the sums rayed hr ih,, Deed of t; us;, IYnrr „wet .hall tier, r
<br />the ngh; ;o hair arir tiri>._eeduig, , hegk :i sty 1 • mice to rnlmr c thi, t?,txi of Iru"t.l:s „onlm,,ed a; in, lint: 11,t 1 ;a ;he cache; i, ot, u; .; rt
<br />NIL J”. het•.: r •!w Rte 3'r„perts pw'.ant to ttic po.” :d cal, "ontatned to th:, DrrO it 1 ru >; -" tui era, .,f e ;stAgmrgt rnE : :r.. ••;k =�,:
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