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<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 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 damages, Borrower fait 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 Loader's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust.
<br />Unfit 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 hWalfmwtts referred to in paragraphs 1 and 2 hereof or change the amount of such installments.
<br />10. But own Not Rdand. Extension of the time for payment or modification of amortization of the sums secured by this Deed 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. Leader 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. Forbesramoe by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shall plot 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 lieu or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Dad of Trust.
<br />12. RemaMm Cm mdadve. 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 bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13. Swessms cad At dges Based; Joint oW 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 Dad 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 />13. Umffetrve Deed of Trott; Governing Law; Severabdity. 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 />Trout 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 />16. 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. 'Master of the Property; Ammapdom. 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 alien 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 houehold 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 Dad of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if,
<br />prior to the sae or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreement it writing that the credit of
<br />such person is satisfactory to Leader 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 Noe.
<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 no 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 sutras 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. Aetdersftm; Roan". Except tr provided In paragraph 17 hereof, upon Borrower's breach of an c v „{at.agreamwk,of
<br />Burrower In obit Deaf of Trod, bxlnimg the covenants to pay when due any sums secured by this Deed 1w to f*mtion i
<br />shah maN modes to Borrower as Intel to paragraph 14 hereof specifying: (1) the breach; (2) the ac al cure such branch; (3) a
<br />dust, test Nat ants 30 daps trove the daft of notice Is ended Med to Borrower, by which such breach must rte � (4) that failure to care such
<br />Invo 4l m or bdure the dim specified to the notice my is mFt in acceleration of the sum secured by this Deed of Trust end sell of the Property.
<br />7be modest doN nestles hdora Burrower of the right to reinstate after acceleration and the right to bring a corn action to assert the non-
<br />of a ittadl or a" other tI f of Burrower to acceleration and wale. if the breach N not cared on or before the date specified In the
<br />muslet, Lanier us Lmier'a cedes veep declare ad of doe status secured by this Decd of Trust to be Immediately due and payable without further
<br />demand and may Mvel the power of fall and my other remedies permitted by applicable low. Lender shall be entitled to collect all reasonable
<br />cetb ttmd apn imewrre'is p meolmg the tw,msdits provided bl tide paragraph 18, le clmdit", but not limited lo, reasonable attorney's fees.
<br />M do power d rude b hvobed, Tenon d oN record a notice of default In each county to which the Property or some part thereof is located
<br />and dm§ semi copies of welt node In die usual proscribed by applicable law to Borrower and to the other persons prescribed by applicable
<br />law. After doe Npat of each Wse a may be required by applic"k law, Trustee sbaN give public notice of sale to the persons and in the manner
<br />prererked by appMmbk Inn. Trusee. wads at doomed on Borrower, shall sell the Properly of public auction to the highest bidder at the time
<br />and phw and under the brat dasIii - I In the notice of omit In see or mom ptrceh sad in such order as Trustee may determine. Trustee may
<br />petgeme lib of aft or any pored of dal Property by public mMmneement at the time and place of any previously, scheduled sale, Lender or
<br />t tmdwe dulgma may' pet 11 do Property at my wk.
<br />Upon receipt of p os 1 of the price bid, Trustee dust deliver to the purchaser Trustee's deed conveying Ike Property sold. "Ube recitals In
<br />lie Trwdee's deed 00 be prison tads evldeant of On troth of the siskimts made therein. Trustee shall apply Ike proceeds of the sale In the
<br />tomewiftodw (s) io man nmmmMb each and gaps of the ode, Including, but am Ntanted to. Trustee's fees of not more than N1A _,.___(,la
<br />of !use gross lib print, loosen" apetaey's pas and cow of tide evidence; (b) to add same secured by this Deed of Trust; and tc) the excess, if
<br />cep. to On person or prisms 1tgsNy i Old therein.
<br />I% Borrower's OWN M Rethuslate. Notwithstanding Lender's acceleration of the sums secured by the UeeA of 1'rtm, Itonvwer shall ha,r
<br />the right to have any proceedings began by Lender to enforce this Deed of Ttuc1 discontinued at ant, time tit wt its Ute cat crr its orcul of S0 thr
<br />fifth day before the solls of the Property putsustal t0 the power of sale conlained fit this Deed ref arrant or iii) entry of :,: judo ownt eufotring iht,
<br />Dord of Try if; (a) holTower pairs Lender 641 sums which would he then due undet this Deed ot Inca, the 1M, Ir _o'd �wI� 'C"winx I kowr
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