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by this Deed of Trust immediately prsnr to the date rf taku;g bears to the fait market value of the Property immediately prior to the dare of
<br />taking, with the balance of the proceeds paid to Bort over .
<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 Lender 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 Deed of Trust.
<br />Unless Leader 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 1 and 2 hereof or change the amount of such installments.
<br />10. Borrower 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 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 Deed of Trust by reason of any demand trade by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Forbearance by Lender Not a Walver. 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 . 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 Cumal tavt. All remedies provided in this Decd of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of Trust or afforded bylaw or equity, and may be exercised concurrently, independently or successively.
<br />13. Saeceaeon 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 agreemenr 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 t.; he used to interpret or define the provisions Itercof.
<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 he given by maifing such notice t>y 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. Unfform 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 Itie 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 thcreir 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 icy 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 1?, 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 nonce of acceleration in accordance with paragraph 14 hereof.
<br />Such notice shall provide a period of not less than 30 days front 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 />10. Acceleration; Remedies, Except as provided in paragraph I' hereof, upon Borrower's breach of anv covenant or agreement of
<br />Borrower in this Deed of Trot, including the covenants to pay when due any sutras secured by this Deed of Trust, Lender prior to acceleration
<br />shad MUM notice to Borrower as provided In paragraph 14 hereuf specifying: 1 U the breach; (2) the action required to cure such breach; (3) a
<br />date. cot Iesa than 30 days from the date of notice is mailed to Borrower, by which such breach must be cured; and (d) that failure to cure such
<br />breach on or Wore the date spedfled In the notice mar result in acceleration of The sums secured by this Deed of Trust and sale of the Property,
<br />lie notice ehkg further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-
<br />exisfenete of a default or any other defense of Borrower to acceleration and sale, If the breach is not cured on or before tie date specified in the
<br />notice. Lender at Lender's option may declare all of the sums secured by this Deed of Trust to be Immediately due and payable without further
<br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable
<br />costs and expemes incurred in punning the remedies provided in ibis paragraph 18, including, but not limited to, reasonable attorney's fees.
<br />It the power of sale is invoked, `Trustee shalt record a notice of default in each county In which the Property or some part thereof is located
<br />and rtMB aaeif copies of such notice in the manner prescribed by upplksbk law to Borrower and to the other pesos prescribed by applicable
<br />low. After the WW of such time As may be required by appNcable law, Trustee shall give public nofke of ink to the persons and in the manner
<br />poem Wall by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder of the time
<br />and pines rand under the terms designated In the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may
<br />poatpme as he of as of any parcel of the Properly by public auaouncement At the time and place of any previously scheduled sale. lender or
<br />tAsd is dnlguee nay pnrchuse the Property at may saki
<br />Ups receipt of payment of the price bed. Irutuee shelf deliver to the purchaser Trustee's deed conveying the Property sold. The recitals in Bull
<br />L the Trunar's dead sias8 be prima fuck evidence of the truth of the statements made Therein. Trustee .ball apply Ike proceeds of the sale in the
<br />fails I g order: (a) to aq reasonnbie cosh sad expenses of the sale, including, but not limited to, Trustee's fees of not mote Than _ _ ii _ _, o
<br />of tit grog Mir price, Ivnoamhle auoruey'v fees and coats of titre evidence; Ibl to all sums secured by this Decd of Trust; and let the e[ces" if
<br />say, to The parson Or pentous lefts8y ratified th"o
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