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<br />by this Deed of Trust imantallately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of
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<br />Taking, with the balam of the proeceda paid to Borrower.
<br />If the Property is abandoined by harrower, of if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a
<br />claim for faded to respond to Lander within 30 days after the date such notice is mailed, Lender is authorized to collect and
<br />apply the proceeds. at 's option, either to restoration or repair of the Property or to the sums secured by this heed of Trust,
<br />Unkess Lander and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due
<br />dwoftheaKwAbJyinVAUments referred to in paragraphs I and 2 heraaf or change the amount of such installments.
<br />1d. lwreww Nee ill siwsod. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />graffied by Leander to any successor in intact of Borrower shall not operate to release, in any manner, the liability of the original Borrower and
<br />Borrower's successors in interest. Lander shell not be required to commenm proceedings against such successor or refuse to extend time for
<br />payment or otherwise modify amortization of the stuns secured by this Deed of Trust by reason of any demand made by the original Borrower
<br />and 'a successon in interest.
<br />11. Fosbawma by 1.adut Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by law, shW not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of
<br />tam or other liens or charges by Lender shall no be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Deal of Trust.
<br />12. ReamMa Ciamfladire. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Dead of Trust or afforded bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13. Sutem m aW Aodipu loud; lope and Soerard LlaMy; 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 feed of Trust
<br />we for cossivenkrice only and are not to be used to interpret or define the provisions hereof.
<br />14. Nedcle. 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 Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Usilierie Deed of Trost; Governing Law; Severabifity. 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 shW 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 />Sim effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared to be severable.
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<br />16. Sor[ownr'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 ncordndon hereof.
<br />17. Trembler of the Property; Asampdm. if all or any part of the Property or an interest therein is sold or transferred by Borrower
<br />without Leader'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 sanity 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, 1. ender may, at Lender's option,
<br />declare W the suns 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 seek 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 Deed of Trust shall be at such rate as Lender shall
<br />requtut. If Linder 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
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<br />the Note.
<br />If Lender exacisa such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof.
<br />Such notice shed 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 />ebe. If Borrower fakis 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 farther covenant and agree as follows:
<br />12. Aadsall ss; Naaadsa. Except as provided in ptarajraph 17 bereof, upon Borrower's breach of any covenant or agreement of
<br />Do own In dds Dead of Trust, h indleg the covenants to pay when due any suss secured by this feed of Trust, Lender prior to acceleration
<br />shag seal nolla to So ewer a provided to paragraph 14 hereof specifying: (1) the brash; (2) the action required to care such breech; (3) a
<br />date, oft bred flied 30 days fro. Me else of tslsNa In =AW to Borrower, by width such breach most be cured; and (4) that failure to cure such
<br />lone th of er bolero lie deU apedhd India nodes nay ratdt Is atccelcmdoe of the sums secured by this Dad of Trust and safe of the Property.
<br />The ns11 shah bstYw tederes Do auto of tits r%M to reinstate after acceerad" sad the right to bring a court action to assert the son -
<br />adeMnn of n 'Y "ore" od w ddare of Borrower to acceleration and ado. V the breach is not cured on or before IW- date specified in the
<br />nodes, lwdw at LeoWs opWso nay tI no W of The t sacertd by this Dad of Trust to be immediately due said payable without further
<br />dnamd WA assay Inrehe de power of cede and my edhw reaeAn permktd by applicable law. Leader shag be entitled to collect aB reasonable
<br />nom and sttpeness fuareod hs pttrw, the Tons" provided in t1fa paragraph 18. Including, but not Belted to. reasonable attorney's fees.
<br />D As power of sole In Installed, Troom that record a notice of deft In each county In which the Property or some part thereof is located
<br />end slid teal topb of such nwloe In the no Inat:rfkd by applicable taw to Borrower and to The other persons prescribed by applicable
<br />Ifw. A1MR Ids lapse of ash that an nosy be n**W by applesible law, Trmeee sip Wt public notice of seek to the persons and in the manner
<br />peso 1 0 by applahle law. Trustee. 11hout demand on Borrower, shall nd the Property at public auction to the highest bidder at the time
<br />and /fate food under dw Iwt•a dedygenod In lie modee of ask In am or gore parcels and to swb order u Trustee may determine. Trustee may
<br />poepo w ads of all er asy posted M Yee Property by poW announcement at the time and place of any previously scheduled sale. tender or
<br />Ladw's dadva mw per 6-- as p o why sl ay sde,
<br />Upon teeel W of pyneotN of dul pdm bid, Tetrhs shW deliver to Ile purchaser Trustee's eked conveying the Property veld. The redfals In
<br />do Tnstee'e deed shall M p loons fade rddm e M the lints of the statemefh made therein. Trustee ahsaii apply the proceeds of the seek In the
<br />fasaillng old" (tee to as refsaN tow and openers of the ads, including, amt not limited to. Trustee's fees of not more than ___ 3 - ... w
<br />of ft pas vie pdm. rid I'm *#sono y'a Imbed cosh of title evidence; tb) to ati suns secured by this lived of trust; and Ica the excess, if
<br />mr. te Tltr pawn rtes a, kvdly atttlpeg d wale.
<br />Ill, Bwronrw'e a .
<br />Notwithstanding Lender's acceleration of the sums secured by this De" of I t use, Itt.rl ow r h:dtl have
<br />the OW to have any procwdftW begun by Lender to enforce this Deed of rrmi dis, wilinued 4t aM timr ;shot !n the earlier In cut ov nil :rte «�
<br />fifth day before the ask of the Property pursuant to the power of aerie contaAnled Ill the, Deed of 1 runt or (it) entr% of it imipment (-otor,mp Ihts
<br />Dead of Trust if: (a) Borrower pays Lander all sums which would he then due umier tins feed ref Drust. the Notre im d nett. .,•, vtmg f uo,-
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