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<br />by this Lived of Trust immediately prior to the data of taking bears to the fair market value of the Property immediately prior to the date of
<br />tubing, with the balance of the proceeds paid to Borrower,
<br />If tits 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 falls 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 Decd of Trust.
<br />Went Leader and Borrower otherwise agree in writing, any such application of proceeds to principal shalt not extend or postpone the due
<br />date of the tenthly instaUments referred to in paragraphs I and 2 hereof or change the amount of such installments.
<br />10. go ones Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Mcd of Trust
<br />granted by Lander 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. Fosbaraaee by [,ender Not a Wdver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by amicable 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 Trout.
<br />12. RsseMsa Cosuiadve. 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 by law or equity, and maybe exercised concurrently, independently or successively.
<br />13. Saeemem and Andras Bond; John ad 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 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 Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Ulifors Dad of Treat. 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 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 />Trout 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 ter• t, severable.
<br />iS. 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 hereof.
<br />17. Trander of the Property; Assumption. 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 />tensttt 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 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 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 shall release Borrower from all obligations under this Deed of Trust and
<br />the Note.
<br />if Leader exercises such option to accelerate, Lender shall mail Borrower notice of acceleration 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 stems 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 />ill. Acceleration; Remedies. Ettapt as provided in paragraph 17 hereof, upon borrower's breach of any covenant or agreement of
<br />Narrower in dds Deed of Trot, Including the covenants to pay when due any sum secured by Ibis feed of Trust, Lender prior to acceleration
<br />shall =0 notice to Borrower a provldei in paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) o
<br />data, net leas than 30 days from the date of "tier is mailed to Borrower, by which such breach mot be cured; and (4) that failure to cure such
<br />brawls on or before the date specified In the notice my result in acceleration of the sum secured by this Deed of Trust and sale of the Property.
<br />The nobles Mali Further hforin Borrower of the tight to reinstate after acceleration and the right to bring a court action to assert the non -
<br />aisomee of a ddmk or any odta defense of Borrower to acceleration end sale. If the breach Is not cured on or before the date specified in the
<br />salvos. Leader at Iwadsr's option may decline d of the sum secured by this Deed of Trot to be Immediately due and payable without further
<br />domed and asp lovoke the power of ale and my other meadks permitted by applicable law. Lender shall be entitled to collect all reasonable
<br />come and entpsasas hleerred IN pursuing the fesedles provided to this paragraph 13. Including, but not limited to, reasonable attorney's fees.
<br />If the power of ads Is lovohed, Ttmee "record a notice of default In each county In which the Properly or some part thereof is located
<br />and shad and! copies of such notice to the manner prescribed by applicable law to Borrower and to The other persons prescribed by applicable
<br />low. Alhor the Inpa of ash Wee a may be requited by applicable law, Trustee shall give public notice of sale to the persons and In the manner
<br />preaerlbed by appNabk kw. TroNe, without desmad on Borrower, shall sell the Property at public auction to the highest bidder at the time
<br />and plooe and under We in I III led In the under of ale In one or more parcels and In such order as Trustee may determine. Trustee may
<br />postpone ids of al or my parcel of the Property by public announcement at the time mad place of any previously scheduled sale. Leader or
<br />t eada's defuse say purchase the Properly at my Ode.
<br />Upon receipt of payment of We prim hid. Trustee deliver to the purchaser Trustee's deed conveying the Property sold. The recitals in
<br />tits Tt7alsie's toed AM be prim fade evidence of the truth of the statements trade therein. Trustee shall apply the proceeds of the %6)e )e in the
<br />foNewleg ow; i (a) to all ga to and expanses of ohm sale, including, but not limited to, Truslee's fees of not more than `' __ We
<br />of We groins ale pike, reamemble *treaty's fees and cosh of title evidence; (b) to atf sums secured by This deed of Trust; and oct the excess, it
<br />my. to pis peraerl of persons ftgaNy now therein.
<br />It. Bnrrswmr'6 RITIM to f[sloolooe. Notwithstanding Lender's acceleration of the sum, secured by the, Iked o I m, l, Idol rON ens ,hit ti hid —
<br />the right to have any proceedings begun by Lender no enforce this Decd of Trust diwontinucd at any brae f,iwr ai Itic car her r,i i,,,vr , �I its the
<br />fifth day before the sak of the Property pursuant to the power of saie contained in dhis Decd (ii I ru,t m mt cmry iii ;t mdgmcnt c,ihn, mu 011,
<br />Deed of Trust if: (a) Borrower pays bender all sums which would tie their due under, Om D rd iii I rust, .tic lyre mif ww, ins, urns i'w-,
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