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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 />i t 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 mariner, 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 Lender 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 />Decd 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 Deed of Trust
<br />are for convemence 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 he given t y mailing such notice by certified maii addressed to Borrower at the Property Address or at such oilier address
<br />as Borrower may designate by nottce to Lender as provided "herein, and (1;) 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. 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: Severability. This form of deed of trust combines uniform covenants for national use and
<br />non - uniform covenants -itb limited variations by jurisdiction to constiture 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 shalt nc -t affect oche provisions of *.his Deed of Trust or the lime which can be
<br />given effect without the conflicting provision, and to this end the provisions of the Dad of Trust and the ".Vote are declared to be seyera ^k.
<br />15. Borrower's Copy. Borrower shall be furnished a conformed ;epv of the Note and of this Deed of Trust at the *irnc of cveoutio- or
<br />after recordation hereof. -
<br />17" Transfer of the Property; Assumption. If all or any tar. of the Properly or an interest therein is sold or transfe^e^ -y so— c-c--
<br />without Lender's prior -rmen consent, excluding (a) the creation,.sf a f:en or etwumbrance suberd -nate to this Deed of Trust. to) the: eation of
<br />a purchase money security interest for household appliances. to a transfer by devise, descent or by operation of law upon the death of a jou-1
<br />tenant or (d) the grant of an} leasehold interest of three years or less not ornaming an lion to purchase. Lender may. at Lender's opncm-
<br />declare all the stuns secured by this Deed of Trust to be Imrnediaiely rive and payable. 1 ender shat; 'save al,eti .uc!:
<br />Prior to the sale or transfer, tender and the fxrson to -horn the Pr :six -sty ;—o be svid a: transfer -ed reach aareemem in ear -trsg :ha. tlic vvedr of
<br />such person is satisfactory to Lender and that the interest payable on the sums secured by thss Deed of Trost shall he at s =ych rate as Lender shall
<br />request. If Lender has waived the option to accelerate p royidtd in th-s paragraph 's'. and if Borrower's successor in .nterit,- ryas c- uud a
<br />written assumption agreement accepted in -rinna t,v Lender" l ender hail release Borrower from all obligations under this Decd o' Tr 3s; artd
<br />the Note.
<br />If Lender exercises such option to acceierate, i_ender shall maii Ito ^rower n^ticc of acccierarko n in accordance with paragraw" 14 hereof.
<br />Such notice shall pro-de a period of not less than ;0 days irorr fhe -1a _ the notice t, mailed within which Borrower may pa, *he =,e— declares
<br />due. If Borrower fail, to pay such sums prior to the cxpirut :on o! P—nod. I ender may. without further rn*t;ce or drna n i —, Bco-r, ?w_."
<br />in%okc Lny remedies permitted hr paragraph i i hereof
<br />NON-U N(FORM COVENANTS. Borrower and Lender furhrr cov rnant ano agree as follows:
<br />18. Acceleration: Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any coicasnt or agreement of
<br />Borrower in this Deed of Trust, including the covenants to pay when due env sums secured by this Deed of Trost, Lender prior to atcrieratdon
<br />shell mail notice to Borrower as provided in paragraph 14 hereof specifying: It) the breach; I b the action required to care such breath; tar a
<br />-date, not less than 30 days from the date of notice Is mailed to Borrower, by which such breach must be cared; and (4) that failure to care such
<br />breach on or before the date specified in the notice may result in acceleration of the sum secured by this Deed of Trent and sale of the Property.
<br />The notice shall further inform Borrower of the right to reinstate after acceleration and the right to Erring a eomi action to assts the noo-
<br />existence of s default or say other defense of Borrower to acceleration and sde, if the breach is not cured on or before the date specified in the
<br />notice, Leader at lender "s option may declare all of the sums secured by tbds Deed of Trust to be Immediately due and payable without farther
<br />demand and may invoke the power of sale and env other remedies permitted by applicable law. Lender shill be entitled to collect all res onsbte
<br />costs sod 09KItses incurred in pursuing the remedies provided in this paragraph 18, Including, but not Rmdted to, reasonable attorney's fees"
<br />If the power of sale is invoked, Trustee shall record t notice of default in each rnnaty in which the Property or some part thereof Is located
<br />and shell mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable
<br />mow_ 1ftr,. r6. i.,.....r .,...6 rirti r°ay rF j'fs� i5w. T rssra snail -._ _ _ • •• trBSCe Of sal@ rti iGE
<br />and to flit -
<br />maaaar
<br />prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder ai the time
<br />and Pisa and under the terms designated In the notice of sale in one or more parcel and is such order as Trustee may determine. Trustee may
<br />Postpone sale of all or any parcel of the Property by public announcement at the time and place of soy previously scheduled sale. Lender or
<br />Leader's de d((uee may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trusteee shall deliver to the purchaser Trustee's deed conveying the Property sold. The recitals in
<br />L the Trtaaae's deed shall be prima fade evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the stele in the
<br />fallowing order: (a) to all reasonable costs and expenses of the sale, including, but not Rtdted to, Trustee's fees of not more than NIA r,
<br />of the stow sale price, reasonable attorney's fees and costs of title evidence: (h) to all sums secured by this Deed of Trust; and ici the excess. if 'b
<br />say, to the Person of prrwotu legally entitled therein.
<br />19. P.rirrnwer v Right to Retuctate. N-twvhsiandmg I ender'c ace elerati ±=n of the -um - . lured hs this tend of ':rust, Boric, -er shaii usury
<br />i— r,µh! w :, c any pr, r-- ; eedm>ts tr_Kun h, I end:t stn rnleircc this Deed rat 1 rust J1%,onitnucd at arn- timr l =rror t„ the carper tip oC,ur If (0 the '
<br />lit= .r, i' 'txit. purtaact ti;he r-er of ale.,tir- ncs .n'br. Deed f !,.
<br />I'm! ruse iv t��i enuv e�i a tudgmcnt end; =t, -rag ,s,,,
<br />i)r-d - 1 ini ...t ice; Iti?r •.•-. r± (lay's I , nder ,iii -ii!ii ,tf- 1 --id f- ,h_ n die unsir- `it- !teed "1 1" '1 nr `—TC .in,3 notes Wllifl'4 1 - 01.--
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