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<br />by this Deed of "Dust 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 10 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 its 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 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. AJI remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy tender this
<br />1 Deed of Trust or afforded by law or equity, and may be exer ised concurrently, independently or successively.
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<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. AN 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 only and are not to be used to interpret or define the provisions bereof.
<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 mail, return receipt
<br />requested, to Lenders 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 with limited variations by jurisdiction to constitute a uniform recurity 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 />k. Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note wtiich can be
<br />given effect without the conflicting provision, and to this end the provisions of the Dad 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 Dad of Trust at the time of execution or
<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 Bcrros-er
<br />without 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 security interest for household appliances, (c) a transfer by dense, 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 Lender`s option.
<br />declare all the stems secured by this Deed of Trust to be immediately due and payable- Lender shall have waived such option: to aecekinuc _f.
<br />prior to the sale or transfer. Lender and the person to whom the Propenv is to be sold or transferred reach agreement in writing that the; -rcdit sf
<br />such person is satisfactory to Lender and that the interest payable on the sums secured by this Deed o` Trust shat be at such rate as Lender shall
<br />request. If Lender has waived the option to accelerate provided in this paragraph I and if Borrower's successor th interest has executed a
<br />written asswnption agreement accepted in writing by Lender. Lender s ^al: release Borrower from all obligations under this Deed of Trust and
<br />the Note.
<br />If Lender exercises such option to accelerate, Lender shalt teat: Borrower notice of acceleration in accordance with paragraph 14 hereof-
<br />Such notice sha l provide a period of not less than ?0 days from the late the notice is mailed within: which Borrower may pay the sums declared
<br />due. [f Burrower fa is to paI suc;`: sums prior to the expiration; of such; period. Lender t -ay. without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph I9 herec .
<br />NON-UNIFORM COVENANTS. R„rr.,wer and Ls der'_. _ ».. -- tom__
<br />It. .Acceleration; Remedies. Except as provided in paragraph I7 hereof, upon Borrower's breach of any covenant or agreement of
<br />Borrower in this Deed of Trust. including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration
<br />shad mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the action required to care such breach; (3) a
<br />date, out less than -10 days from the date of notice is mailed to Borrower, by which such breach must be cared; and (4) that failure to tare such
<br />breach on or before the date specified in the notice may resait in acceleration of the sues secured by this Deed of Truest and side of the Property.
<br />The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the son-
<br />existence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cared on or before the date specified in the
<br />notice. Leader of Leader's option may declare all of the sums secured by this Dad of Trust to be Immediately due and payable without further
<br />demand and may invoice the power of sale and any other remedies permitted by applicable law. Leader shall be entitled to collect all reasonable
<br />costa and expenses incurred in pursuing the remedies ,provided in this paragraph 18, including, but not limited to, reasonable attorney's fees.
<br />If the power of sale is invoked, Trustee shall record a notice of defauft in each county in which the Property or some part thereof is located
<br />and shall mail copies of such notice in the manner presoihed by applicable law to Borrower and to the other persons prescribed by applicable ------
<br />law. After the lapse of such time as may be required by applicable law, Trustee shall give public notice of sale to the persons and in the manner
<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 place and under the terms designated in the notice of safe in one or more parcels and in 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 any previously scheduled safe. Lender or
<br />Lender's designee may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid. Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold. The recitats in i
<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 sale in the
<br />following order: In.) to all reasonable costs and expenses of the sale. including, but not limited m. Trustee's fees of not more than
<br />of the grows sale price, reasonable attorney's fees and costs of title evidence; (b) to all sums secured by this Deed of Trust: and (ci the exvec . if kY any, to the person or persons legally entitled thereto.
<br />19. Borrower's Right to Reinstate. Nolwtthslandhne 1 �nder's a, :Crletattim of the Burn, .ec�rnf hs thy. Deed „f Trust. lic...„a cr ghat'. base •hc rriv t ;, :r.e sr -� pr. a c : :dmg, begui� Y.: E rndrt i,�,•nl € +rcr'hi, Dved ,�1 I ru'! ,St .,.rat. ^ned at an, ism ,'i.,,r ;O M ca- ter ��.r ..,
<br />fifth cat ncf-r the tale of the 4'r„penc pw,uani to +,Inc power w laic c twain <_•il xi -ht. I)ec't# - I ..., ,v .- r qua c , tguu -u �-
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