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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 />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 denotes, Burrower 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 tatter'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 mouthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments.
<br />W. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />grunted 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 Larder Not a Welver. 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. Rse•Mles (auWalke. 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 bylaw or equity. and maybe exercised concurrently, independently or successively.
<br />13• Snecaaon red Assigns Based; Joist and Several LlebNty; 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. Nesdee. 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 ttte 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 use deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />iS. UWarw Deed of Trost, Governing Law; 5eserabdity. This form of deed of trust combines uniform covenants for national use and
<br />nom- 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 taw 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 reed 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 -everable.
<br />16. Borrower's Copy. Borrower shall he furnished a conformed copy of the Note and of this Deed of Trust at the tin:c of execution or
<br />after recordation hereof.
<br />17. Transfer of lie Property; . 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 feed 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 threc 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 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 tinder this Deed of Trust and
<br />the Note.
<br />If Lender 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 />dote. 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 />18. Act es-, Remedies. Eaeept as provided In paragraph 17 hereof, upon Borrower's breach of any covensat or agreement of
<br />Sorrowrc is ifs Dad of Trust, Including the coveousts to ay when due any sums secured by this Deed of Trust, Leader prior to acceleration
<br />sbag weir rradce Is Borrower as provided Is paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a
<br />dose, rot has dote 3i days from the date of notice is waded to Borrower, by which such breach most be cared; and (4) that failure to cure such
<br />West an or before tie date specified in the ee lice my result is acceleratlan of tine sums secured by this Deed of Trust and sale of the Property.
<br />The notice deed further Wares Borrower of the r to rdutate after acceleration and the right to bring a court action to assert the now-
<br />enhance of a default or any other detase of Borrower to acceleration sod Ae. If the breach is not cured on or before the date specified in the
<br />native, I eider at Leader's apden may I rime all of the wet sneered by this Decd of Treat to be immediately due and payable without further
<br />dm d lad M' hnrabe tie pew Of ark sad nny osier remeedies permitted by applicable law. Leader shall be entitled to collect all reasonable
<br />earns ad htsasrd k peusrs t tine reowdks provided hn lMs perspaph 18. Including, but not limited to, reasonable attorney's fees.
<br />D die power steak k hrrebed. Trnstee $W record a notice of defitak in exb county In which the Property or some art thereof is located
<br />iced Nall tttnB copies net sub sedw Is the stunner prescribed by applicable law to Borrower and to the other
<br />gtenwrs prescribed by applicable
<br />kns, After dtv kae Of ati dwa sot My be requited by applicable law, Trustee Nall give public notice of sale to the arsons and in the meaner
<br />1 I by appiieabie inn. Tnow, without eI , as Borrower, SW sell the Property at public auction to the highest bidder at the time
<br />and place tied nnder are tense designated In the notice of aide N one or more parceb sod in such order as Trustee may determine. Trustee may
<br />aatpeea add of i or ray le red of the Property by peiBr assiosacessest st the doe and piece of any previously scheduled sale. Leader or
<br />Ltwdws daslpse am alt A the Proputy at any win.
<br />View Mdpt of petaW of the pdm bM. Trustee shall deMver to the purchaser Trustee's decd conveying the Property sold. The recitals in
<br />the Trustees dew Noll be Piss fuck "Weser of the &06 of the atsrea rie t wale thin eta. Trustee shall apply the proceeds of the sale in the
<br />ttlMrsleg rsder: lei ns IN I I _11 t'eW ad taPMM N ids min. Waiting. but not limited to. Trustee's fees of not more than 3 _ _ ._ rir
<br />d die pus irk peso, ramie S"On ey's fora sod costs of Ode evidence; (b) to led itissus secured by €Aka tkvd of 7 cast; and tcl the everts, if
<br />rely. to Not peep or peraolw iopoi►y oadded On Itta.
<br />ft. 'a Wake to . Notwithstan ding; Lcodtr's acceleration of the sums securM h, dh ,: €ieJ ;,t f r;i,i, 1t,.r.,.ua r ,hail have
<br />the right to how any Pr mitt begun by Lender to enforce shit Deed Of Trust diwcoutinued at am tierce pnm io the earlier w,, it � f tit the
<br />fifth iidY iota the Nk of the Property pursuant to the power of ale contained in thins f)rd of t "rout w oo inane .d s I,1ORMCM , ni,+rc!og Olt,
<br />Dead o,f dirt & (a) fsaraow" pet's I er4.1 W sums which vecnihf be then duc trachea thry thcci of 1 "yet. the w ,c a,. =t ,r,,,.wK i'ut1m,
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