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$7-- 102351
<br />by this Deed of Trust immediately prior to the data of taking bears to the fair market value of the Property Immediately prior to the bate 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 />Untlmt 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 t and 2 hereof or change the amount of such installments.
<br />10. Due OWN Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Dad 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 Walver. 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. Rem "Cum dative. 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. Sacamon and Assigns Bound; Joint and Several Liablifir 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 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 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 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 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 True; Governing Law; Severabllity. 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 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 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 />14. Borrower's, Copy. Borrower shall be furnished a conformed copy of the {Vote and of this Deed of Trust at the time of execution or
<br />after recordation hereof.
<br />17. Transfer of the Property; Aesumption. 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 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 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 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 sale or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of
<br />such person is satisfactory to Lender and that the interest payable on the sums secured by this Dad 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 shall release Borrower from all obligations under this Deed of Trust and
<br />the Note.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of a:celeration in accordance with paragraph 14 hereof.
<br />Such notice shall provide a period of not less than 30 days from the date 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 remedies permitted by paragraph 18 hereof.
<br />NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />10. Accdwu t m; Remo&n. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Borrower in thin Deed of Trust, led"ing the covenants to pay when due any sums secured by this Deed of Trust, Leader prior to accdenttion
<br />shaW maid Notice to Borrower a provided In paragraph 14 hereof specifying: (1) the Mach; (2) the action required to core such breach; (3) a
<br />deft, Not late than 30 days from the date of Notice is a died to Borrower, by which such breach mat be cored; sod (4) that failure to cure such
<br />btson:b an or before the date specified in the notice may result IN acceleration of the sums secured by this Deed of Trust sad sale of the Property.
<br />The aedee doN fordesr Worms Borrower of the right to relalate after acceleration and the right to bring a court action to Wert the non-
<br />edateace of a defm* or say ether detesew of Borrower to acceleration and sale. If the breach is not cured on or before the date specified is the
<br />Medea, Leader uI L R&WI option My doechan all of the some secured by this Deed of Treat to be Immediately due and payable without further
<br />demand and My invoke the power M sale sad any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable
<br />eroeb sod e Pmu banned in pursuing the remedies provided in this paragraph 18, Including, but not limited to, reasonable attorney's fees.
<br />1f the pevrer of seek Is Invoked. Trustee s W record a notice of default In each county In which the Property or some pan thereof Is located
<br />and data NoW copies of such notice is the manner prescribed by applicable law to Borrower /ad to the other persons prescribed by applicable
<br />law. After the law of talc\ doe a My be tgdred by applicable law, Trustee shall give public notice of sale to the persons and in the manner
<br />PINK bed by appWeabk low. Trustee, without demand on Borrower, shag sell the Property at public auction to the Wghesl bidder at Ike time
<br />and piano and antler eke teems deeiganled in the police of sale In one or more parcels and IN such order as Trustee may determine. Trustee may
<br />postpone sale of aB err any pared Of the Property by public announcement of the time and
<br />place of any previously scheduled sale. Leader or
<br />Loodsr'e dowon a" the Prolewy at any seek.
<br />Upon tepipt at payttt SI of Use price bid. Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold. The recitals in
<br />Me'rnwo's deed A" be prime fork evidence of the truth of Ike statements nude Ibertim. Trustee shall apply the proceeds of the sale in the
<br />fOSK4%ordoe (a) to sit rea mabk cosh and expenses of the sale, Including, but not limited to, Trustee's tea of not more than 3
<br />Of the Am" ask lerke. transmissible attorney's tees nod casts of title evidence; (b) to all sums secured by this Deed of Trust; and (e) the eseeay. If
<br />soy, a the persotr ter poem k$ Wy added tbereto.
<br />19. Borrower's Bigler to Reinstate. Notwithstanding Lender'% acceleration of the sums secured by this Derd of Trust, Borrower shall hio r
<br />the right to have any proceedings begun by Lender to enlorce !ills IXed of 'Trust discontinued at any time pnor to (tie earlier to occur of (it the
<br />fifth day before the sate of the Property pursuant to the power of sale contained in this Deed of Trust of fit) entry of at judgment enfonv,p tins
<br />fend of -trust if: (a) Borrower pave Lender all sums which would he then due ender obis heed ,I Tutu, the Note and notes setur;llg I -unlit.
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