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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 />-lain for damages, Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and
<br />,ii:ply 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 />I rless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due
<br />aatc of ;he nl.y installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments.
<br />10. B,m gwer Not Released. 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 Lability 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 Dad of Trust by reason of any demand made by the original Borrower
<br />+-1 Borrower's successors in interest.
<br />11. Forbearance by Lender Not 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. Remedies 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 Assigns Bound; Joint and 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 Dad 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 receiot
<br />requested, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. f, y
<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 Trust 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 We 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 ro the expiration of such period, Lender may, without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph 18 hereon
<br />NON- UNIFOWNI COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />I%. Accekratiou: Remedies. Elicepi as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />.Borrower In this Deed of ' frust, including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration
<br />shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a
<br />date, not bees than 30 days from the dale of notice is mailed to Borrower, by which such breach must be cured; sad (4) that failure to care such
<br />breach an or before the date specified in the notice may result In acceleration of the sums secured by this Deed of Trust mad seek of the Property.
<br />The masks shag further inform Borrower of the right to Mutate after acceleration and [be right to bring a court scion to now the non -
<br />exisken of a default of any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the dale specified in the
<br />sogee, Lesidee no Leader's option may declare an of the sums secured by this Deed of Trust to be Immediately due and payable without further
<br />dens d sod way Invoke the power of sale and any other remedies permitted by applicable law. Leader shall be entitled to collect all reasonable
<br />costs and millwo es incurred In pursuing the remedies provided In this paragraph 19, including, but not limited lo, reasonable attorney's fees.
<br />If the power of seek Is Invoked, Trustee shall record a notice of default in each county In which the Property or some part thereof is located
<br />and shall wail copies of such nolfa in the manner prescribed by applicable law to Borrower and to the other person prescribed by applicable
<br />law. After The lapse of such time as may be required by mppticoble low. Trustee shall give public notice of sale to the persons sad In the manner
<br />prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property of public auction to the highest bidder at the time
<br />sad place mod under life lerms designated In the notice of We in one or more parcel and In such order as Trustee may determine. Trustee may
<br />postpone We of a6 or any parcel of the Property by publk aanouncemenl at the time and place of any previously scheduled sale. Lender or
<br />fender's destlaw way purchase the Property at any sale.
<br />Upon receipt of payment of the price bid,'frustee shall deliver to the purchaser Trustee's deed conveying the Property sold, The recitals in
<br />the Trustee's deed *bail be prima facie evidence of the bulk of the statements made therein. Trustee shall apply the proceeds of the sale In the
<br />following order; (a) to all reasonable costs and expenses of the seek, Including, but not limited to, Trustee's fees of not more then -_ -3 — °'o
<br />of The from seek price, reasonable altorney's fees and costs of title evidence; (h) to all sums secured by this Deed of Trust; and (c) the excess, if
<br />any, to the person or persons legally entitled thereto.
<br />14, Borrower's Right to Relmiffite. Notwithstanding L,cncicr'c accelcnuion of the suns securccl by 1111, Dced of hrust, Borrower shrill base
<br />the „pn, In have any proccedings txgun by I ender it, enforce stun Iked ul IYust daconunued at any tune poor to the eitilier n, occur of (U Ill,
<br />'rift, 1,+, ? -efnrc the sale of the t'ropeity pwcuant to the power of sitle couttuned ur thn Deed of I real of UU entn of it tudgncnt erHorcorg Ihi,
<br />1I •,d -! 'r;,,I it rat Horr , -x r pay, ! ender all wills which would he then ,fare under Ilya Deed r,I Irkw, Ihr No,r ,rnd notrc securing 1 III it
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