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$7, 105883
<br />by this Deed of Trust immediately prior to the daic 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 fails to respond to Lander within 30 days after the date such notice is mailed, Lender is authorized to collect anti
<br />any the Proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Dad of Trust,
<br />F. Union 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 installments referred to in paragraphs I and 2 hereof or change the amount of such instaAments.
<br />If. Borrower Not Rebound. Extension of the time for payment or modification of amortization of the sums secured by this Dean of Trust
<br />granted by Loader 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 successousi 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 Dtad of Trust by reason of any demand made by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Ferlsaraeee by Lester Nei a 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" CunmMve. 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. Sucemm and As*os Round; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shall inure to, the respective iucccssors 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 Decd of Trust
<br />are for convenience only and are not to be used to interpret or define the provisions hereof.
<br />14. Notion. 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. Uniform Deed of Trnst; 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 />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. 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 />13. Acceleration; Remedies. Except as provided In paragraph 17 bereof, upon Borrower's breach of any covenant or agreement of
<br />Borrower he this Deed of Trust, including the covenants to pay when due toy soma neared by this Deed of Trent, Leader prior to acceleration
<br />simeg mail notice to Borrower as provided is paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a
<br />date, not has than 30 says from the date of notice Is mailed to Borrower, by which sub breach most be cared; and (4) that failure to cure such
<br />breach on or before the date specified in the notice may result to acceleration of the cos neared by this Deed of Trust and sale of the Property.
<br />The notice sbaN further inform Borrower of the tight to reinstate after acceleratloe sad the right to bring a court action to amen the nom-
<br />exiKeoce of a defaoh or any other defense of Borrower to acceleration and ark. It the breach to not cared on or before the dote specified In the
<br />notice, Lender at Lender's option any declare all of the sums stxwred by fb!% Deed of Trust to be immediately due and payable without farther
<br />demand and tray Invoke the power of sale and nay other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable
<br />cow and expenses Incurred In parsa)ng the remedies provided In this paragraph 18, Including, but not limited to, reasonable attorney's fear.
<br />It the power of mak Is Invoked, Trnstee shall record a notice of default In each comely In which the Property or some part thereof is located
<br />and shad moll copies of each cotta In the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable
<br />law. After the ape of such than as my be required by applicable law. Trustee shall give public notice M sale to the persons and In the manner
<br />prescribed by tMPReabte law. Trustee, without demand on Borrower, shall all the Property at public auction to the highest bidder at the time
<br />and pas std under the I" dafgnted In the entire of ak in one or amore parcels aid in such order as Trustee may determine. Trustee may
<br />postpone ode of i or any tared of the Property by public announcement at the time mod place of any previously scheduled :ink. Leader or
<br />Loo tes deNgaee may pordase, Ilm Property at ray ink.
<br />Upon recNpt of payment of fire price bid, Trustee eM U deliver to the porch ser Trustee's deed conveying the Property sold. The recitals in
<br />L lire Tfu#e's AM IN prlam fecle evNeoce of the tralle of Ike natemeatn made lbsrete. Trustee shall apply the proceeds of the oak to the
<br />erdw (A) h coda and expenses of the sole, including, bet not Belted to, Trustee's fees of not more then .. 3....... rev
<br />of dot tom, reasonable ttornsy's fees red costs of title evidence; (b) to all num secured by this heed of '('rust; and (c) Ike excess. if
<br />MY. to the person or perssrns legally ended Ile"o.
<br />19. 's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this recd of Truer, Borrower shall have
<br />the right to have any proceedings begun by Lender to cnforce this Dead of 'Trust discontinued at any time prior to the earlier fit occur of lit the
<br />fifth day before the sale of the Property pursuant ter the power of sale contained in this Deed of Irum or (it) entry of it tudgment entoicrng this
<br />Deed of Truer it, (a) Borrower pays tender all stuns which would be then due under this Deed of trust, fhe Note and notes %enuring Future
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