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<br />by this flood 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 damages, Borrower falls 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 Lender's option, either to restoration or repair of the Property or to the sums secured by this Doed of Trust.
<br />Unless Long 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 installmonts referred to in paragraphs 1 and 2 hereof or change the amount of such installments.
<br />10, Borrower Not Ashland. 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, 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 Decd of Trust by reason of any demand made by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Forbearance by Leader Nola 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 />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. 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. Successors and Assigss Bound; Joint and Several IlahiMty; 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. Node&. 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 />IS. Uniform Dead of Trusf; Governing Law; Sevenbillity. 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 />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 Dad of Trust and the Note are declared to be severable.
<br />14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Dad 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 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 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; Remedies. Except as provided In paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Borrower in this Deed of Trust, including the covenants to pay when due any saws secured by lids Deed of Trost, Leader prior to acceleration
<br />Ailing mall nodee to Borrower ae provided in paragraph 14 hereof spedfylegt (1) the breach; (2) the action required Io care such breach; (3) a
<br />date, not less than 30 days from the date of notice is mailed to Borrower, by which sock breach must be cured; sad (4) that fuNwe to core such
<br />breach on or before the date specined In the notice may result In acceleration of the sum secured by this Deed of Trost and ode of the Property.
<br />The woke shM furtba Intern Borrower of the right to reinstate after acceleration nod the right to bring a cowl action to tweet the non-
<br />existence of a defodt or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specifled in the
<br />notice, Leader at Leader's op don my declare all of (be sum secured by t1do Dead of Trust to be Immediately due and payable without I #Fiber
<br />demand and may invoke the power of solit and any other remenw peradttw0 by applicable haw. Leader shall be entitled to collect all reasonable
<br />costs mud expenses Incurred In pursuing the remedies provided in this psrcgropk 10, Including, but not Mod/ed to, reasonable attorney's teas.
<br />It the power of side Is Invoked, Trustee dmH record a notice of derfade In each county In which the Property or some part thereof is located
<br />and "mail copies of snob notice in the manner prescribed by applicable law to Borrower and to the other persons praacdbed by applicable
<br />kw. After the Ww of each time as may be required by applicable kw. Trustee sing give public notice of sale to the persons and to the manner
<br />proscribed by applicable low. Trustse, without demand on Borrower, shall sell the Property at public section to the highest bidder act the time
<br />and plate and under the term designated N the notice of ale In one or more parcels and In such order as Trustee may determine. Trustee may
<br />postpone tide of all of any pares of the Property by public announcement at the dme and piece of any previously scheduled eele. lender or
<br />Leader's dodge" my parehase the Property at any side.
<br />Upon roecelpt of payment of the price bid, Trustee shall deliver to the purchaser Trossee's deed conveying the Property sold, The Feelings In
<br />the Trustee's deed it" be Whas lack evidence of the truth of the statements made lbaNn. Trusta AM apply the proceeds of the sale in the
<br />foNewing order: (a) to all reasonable costs and expenses of the sale, Including, boil not lindled lo, Trustee's Pew of not more than .__3 o,%
<br />of she gram ask prim, reasonable attorney's tees rend costs of dole evidence; (b) to AN sums secured by ibis Drrd of Trust; and (c) the excess. If
<br />my, to the person or persons IegaMy nodded thereto.
<br />19. Barrower's Rlight to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of (rust, Borrower shall havc
<br />the right to have any proceedings begun by Lender to enforce this lked of Trust discontinued act any time prior to the curlier to lxcur of (i) the
<br />fifth day before the sake of the Property pursuant to the power of sale contained in this Dad of rrust or (iii ennv of a iudantent enforcing this
<br />Decd of Trust if: (a) Mtxrower pays Lender all sums which would he then tine undo this Iked of Tfusl, the Notr and notes securing FUturc
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