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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 pant to Borrower.
<br />It the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or Battle a
<br />claim far damages, Borrower falls to respond to Leader within 30 days after the date such notice is mailed, Leader is authorised to collect and
<br />apply the proceeds, at Leader's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust.
<br />Unless Landar 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 I and 2 hereof or change the amount of such installments,
<br />It igatrswes Not Rt lemed, Extension of the time for payment or modification of amortization of the sums secured by this Mod of Trust
<br />granted by Leader to any succotsor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower art{
<br />Borrower's successors in interest. Lender shall not be required to commence proceedings against such succassot 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. Ferbtnnace by Leader Not is 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 />:axes 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. Rome" Cumulative. 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 may be exercised concurrently, independently or successively.
<br />13. Suceesan and Amps Boumdt Johm and Seven)1bbHlly; 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 Lddress 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 Dad of TrM; Governing Law; Severability. This form of deed of trust combines uniform covenants for national use and
<br />von- 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 he severable.
<br />la. 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. Transfer 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 />tenant or (d) the giant 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 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 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 />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 />18. Acceleration; Remedla. Except as provided in paragraph 17 hereof, open Borrower's breach of suy covenant or agreement of
<br />Borrower in fhb Deed of Trent, lectodhig the covenants to gray when due any sues second by this Deed of Trost, Lender prior to acceleration
<br />dodl nag motley to Borrower as provided In paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a
<br />date, am less the 30 days from the date of notice is arBed to Borrower, by which such breach most be cored: and (4) that failure to cure such
<br />bream. en or before the date specified In the notice my nests in acceleration of the sum secured by this Deed of Trust and sale of the Property,
<br />The "des stmt furdw lderm Borrower of the right to reinstate after acceleration sad the right to bring a court action to assert the non-
<br />aabfsuce of a deft or any other defense of Borrower to acceleration cca ask. If the breach is not cured on or before the date specified in the
<br />tulle, I I at Leader's option my -4 A- aB of the sues seeored by fhb Deed of Tram to be Immediately due and payable without further
<br />demand and my Mate the power of n k and any other remedies permitted by applicable law. Lender sbali be entitled to collet all reasonable
<br />t and expenses Incurred to prating the remedies provided In this paragraph 18, including, but not limited to, reasonable attorney's fees.
<br />If de power of oak is Invoked, Trustee "record a notice of default In each county to which the Property or some part thereof is located
<br />and 40 IaaN copies of such m6ce in the manner pracclbed by applicable law to Borrower and to the other persons prescribed by appikabk
<br />law. Aft Me Iapae of each that nn may be required by applicable law, Truss shell give public notice of sale to the persons and in the manner
<br />Is ftad by ppMesible law. Trmse, without claiming am Borrower, shag sdl the Property at public auction to the Withest bidder of the time
<br />and place and afar On warms del in the notice of oak In one or sore pareeb and is such order as Trustee may determine. Trustee may
<br />paatpane oak of all or say pared of the Property by public announcement at the time and place of any previously scheduled sale. lender or
<br />Llaier'a di dpas my Is A --e Out Prop" N sty oak.
<br />Upm reaelpl of payment of she pia lid, Trsulee along deliver to the purchaser Trustee's deed conveying the Property sold. The recitab In
<br />lie Trnalw'a deed 00 be pima fade rvideace of the truth of the satemeab made therein. Truitt shall apply the proceeds of the sale In the
<br />11moss lag ordes (a) te ail romopble caw and ssnperae of the sale, Including, but not slashed to, Trustee's fen of not more than 3 __ a -s
<br />of lib pose safe price, rum moble otteraey's few and caw of Ode evidence; Ib) to all sums secured by this Deed of Trust: and (c) the excess, if
<br />say, fo tis prom or persons to pBy now thardo.
<br />N. Borrower's Itighli to PAinsho. Notwithstanding Lender's acceleration of Item sums secured by tom Deed o! Trust, ilurtower shall haoe
<br />the right to have any proceedings begun by Lender to enforce this Iced of Trust discontinued at any Iimc prior to the curlier t, ,iv ur ( +I Ii) the
<br />fifth day before the sak of the Property pursuant to the power of sale contained In this Deed of Trust or iii) entrs oI a i it, gnteut cnitit o ng ;ten
<br />t,"i of irust ir: (a) Borrower pays Lender all sums which would he then clue under this Deed of 1 ruse, the Near :anti I 101 s .crtntny. I ututr
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