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$1, 101345
<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 />t ?kino, with the haiance ref the nroleeds paid fo 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 n.
<br />claim for damages, Borrower fails to respond to Lender within 30 days after the d.te such notice is mailed, Lender is authorized to collect and
<br />apply the proceeds, at Lerder's option, either to restoration or repair of the Property or to the sums secured by this Deed of T rust.
<br />L'niess 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 stuns 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 he 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 Lender Not a Waiver. Any forbearance by Lender in r-xercising 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 bylaw 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. Thecaptions 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. -
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<br />14. !Notice. Except for any notice required under applicable law to he 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 (h) any notice to Lender shall be given by certified mail, return receipt
<br />requested, to Lender's address stated herein or to such rher address as Lender may designate by notice to Borrower as provided herein. Any
<br />notice provided for in this Deed 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; Severabdity. This form of deed of trust combines uniform covenants for national use and
<br />non - uniform covenants with lirruted variations by jurisdiction to constitute a uniform security instrument covering real property. This Dad 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 />Tryst or the Note conflicts with applicable law. such convict 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 hercof-
<br />17. Transfer of the Property; Assumption. if all or any part of the Property or an interest therein is sold or transferred by Bs-+ROwer
<br />without Lender's prior written consent, excluding (a1 the creation of a hen or encumbrance subordinate to this Deed 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 :tot containing an option to purchase, Lender may, at Lender's option,
<br />declare all the starts 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 said or transferred reach agreement in writing that the credit of
<br />suer, person is satisfactory to Lender and that the interest payable on the sutras 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 assumption agreement accepted in writing by Lender, Lender ,hal! release Borrower from all obligations under this Deed of Trust and
<br />the Note.
<br />If Lender exercises such option to accelerate, Len,ier shall mail Borrower notice of atxdcration in accordance with paragraph 14 hereof.
<br />Such notice shall provide a period of not less than 30 days from the sate the notice is mailed within which Borrower may pay the sums declared
<br />due. if Borrower fails to pay such sums prior to Inc expiration of such penod, Lender may, without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph 18 hereof.
<br />NON- UNIFORvt CO VENAN -TS. 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 or agreement of
<br />Borrower is this Deed'of Trust, including the covenants to pay when due any sums seem by this Deed of Trust. Leader prior to acceleration
<br />shall mail notice to Borrower as provided in paragraph 14 hereof specifying: f I) the breach; (2) the action required to cute such breach; (3) a
<br />daft, no: less than 30 days from the date of notice is maned to Borrower, by which such brrecb mast be cured; and (4) that failure to cure surh
<br />breach on or before the date specified in the notice may result in acceleration of the sums secured by this heed of Trust and sale of the Property.
<br />The notice shall further inform Borrower of the right to reinstate after arteieration and the right to bring a court action to assert the non-
<br />existence of a default or any other defense of Borrower to acceleration and sale. if the breach is mot cured on or before the date specified to tide
<br />notice. Lender at Lender's option may declare all of the sums secured by this Deed of Trust to be immediately doe and payable without further
<br />demand and may invoke the power of sale and any other remedies permitted by applicable law- Lender slratt be entitled to eoikr-r all reasonabk
<br />costs and expenses incurred in pursuing the remedies provided in this paragraph 18, inducting, but not limited to. reasonable attorney's tees.
<br />If the power of sale is invoked, Trustee shelf record a notice of default in each county in which the Property or some part thereof Is located
<br />and shall malt copies of such notice in the manner prescribed by applicable law to Borrower and in the other s_. —.u—d h.
<br />law. AWr the lapse of such time as may rte required by applicable taw. Trustee shall give public notice of sale to the person and in the mamrxr
<br />prescribed by amicable law. Trustee, witbout demand on Borrower, shall sell the Property at public auction to the highest bidder at the time
<br />and place and under the terms designated in the notice of sale In one or more parcels and in such order as Trustee msv 9etermine. Trustee may
<br />postpt.ae sale of all or any parcel of the Property by public annoumetnent at the time and place of may previously scheduled sale. Lender or
<br />- Lender's designee tray purchase the Property at any sale.
<br />l.!pon receipt of psymenl of the prow bid. Trustee shat! deliver to the parchaser Trp*tK's deed conveying Property
<br />the sold. The rrcilnb in
<br />L the Trustee's deed shall be prima fork evidence of the truth of the sbuemeats made therein. Trustee shall apply the proceeds of the sale in the
<br />fallowing order' (s) to all reasonable costs and expenses of the sale, including, but not limited lo. Trustee's fees of not more than ? r'e
<br />of the gross sale price, reasonable attorney's tees and costs of title evidence, (b) to all sums ur•ured by this teed of Trust; and 1e) the exrwss, it
<br />any, to the person or persons kashty entitled thereto.
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<br />Ili Borrower's Right to Reinstate. `s,tt. - :ihctar di rat'. 1 rntier . -cele a on ' -t c tens x, t :rni h% If, (ymt „t 1 , u.: Res: rower 4rijil ',,t.r
<br />the right !ia r nnv r r ,, r tj w,.'=cy,in I:; 1 ends: - ,'„t. e Iti, I )red of 1 ...t -,.,,, n inacti at pi's hn:r pr"'! , :1'r cd :l.r� • -• „ . .
<br />fart Teti Iv ht .e'er f t •i, r ;axri: ;'u: ,tent.: r„ it,e it , ,a sale << - ---- t ,tu •t: _ 1>re1 . ,..,,t , -n _,t : _.,tu:•rr, - ,- - e,
<br />a,i ,um•. ,. i,,,Jt w. t,ld h� . :1 +, - .ii;- t ?rte :f ! •.� ., '�. _. ...
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