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<br />by this Deed of Trust immediately prior ro the date of taking bra:. to :he 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 Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and
<br />any 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 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 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 shalt 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. Forbeeresce by Leader Not a Waiver. Any forbearance by Lender to exercising any right of remedy hereunder, or otherwise afforded
<br />by applicable law, shall not be a waiver of or prelude the exercise of any such right or wTiedy. 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 />Dad of Trust.
<br />12. Remedies Cumulative. 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 maybe exercised concurrently, independently or successively.
<br />13. Successon sad Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and
<br />the t ights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17
<br />hereof. Ail covenants and agreements of forrower 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 he used to interpret or define the provisions hereof.
<br />14. Nodce. Except for any notice required under applicable law to he green 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 (h) 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 'rust shall be deemed to have been given io Borrower or Lender when given in the manner designated herein.
<br />15. Uniform Deed of Trust; Governing Law; Severabllity, This form of deed of trust combines uniform covenants for national use and
<br />non - uniform covenants with limited vanations 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 caw, 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 arc declared to be severable.
<br />lb. burrower'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 It, 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 it,
<br />prior to the sale or transfer. Lender and the person to whom the Property is to he so!ti i)i transferred reach agreement in writing that the credit of
<br />such person is satisfactory to Lender and that the interest payable on file sums secured try 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 to 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 /Vote.
<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 file date the notice a marled 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 I Sheri-of-
<br />NON-UNIFORM COVENANTS. Borrower and I. ender further covenant and agree as follows:
<br />111. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />borrower in tbM Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration
<br />"M rseli take 10 Borrower as provided in paragraph 14 hereof speelfying: (1) the breach; (2) the action required to cure such breach; (3) a
<br />dote, not kaa them 30 days from the date of notice Is mailed in Borrower, by which such breach must be cured; and (4) that failure to cure such
<br />breach ON or before The date specified in the notice may result In acceleration of the sums secured by Ibis Deed of Trust and sale of the Properly.
<br />The notice styli farther inform Borrower of the right to reinstate after seceleration and the right to bring a court action to assert The non -
<br />eai ifeuee of a default or my other defense of Borrower to acceleration and sale. If the breach fit not cured on or before the date specified in the
<br />Notice, leader at Lender's option may declare all of the sums secured by this Decd of Trust to be Immediately due and payable without further
<br />delamad and may invoke the power of sale and any other remedies permitted by applicable low. Lender shall be eatilled to collect all reasonable
<br />costs and expenses incurred to pursuing the remedies provided In this paragraph 11, Including, but not limited to, reasonable attorney's fees.
<br />If the power of oak is invoked, 'f rushee shall record a notice of default In each county in which the Property or some part thereof is located
<br />am l Own own catlike of such notice In Ike maaaer prescribed by applicable law to Borrower and uh the other persons prescribed by applicable
<br />low. After the lapse of such time ere may be required by applicable law, Trustee shall give public notice or sale to the persons ntd in the manner
<br />prsaa'ribed by appYcabk law. Trustee, witbost demand on Borrower, shell seal the Property of public ruction to the highest bidder at the time
<br />and pfoce sod Under the terms deshguated In the notice of oak Is one or more parcels and In much order as Trustee may determine. Trustee mess
<br />palpooe snit of AN or soy porcei of the Property by pubic announcement at the lime and place of any previously scbeduled sale. Lender or
<br />Leader's resigmet may purchase the Property at any sale.
<br />Up** receipt of payment of the price bid, Trustee shall deliver to the purchaser - 1`ruslrr's deed ronvryin, the Property sold. The rec•itsls in
<br />+
<br />Lthat Trtntke's deed sbaN he prima facie evidence of the truth of the statement+ made Therein. I rustee shall rpph the proceeds of thr ark in the
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<br />foHttwkag order: (a) 10 ail m0so0abk costs and espeuw4 of the oak, im ludina, but nut limited to, Trustee's Perm of nut more than _;
<br />of the gross atilt price, reaaoUabla tuurne,if" mad `1& 411 title r+idenre; tr,, to rli sums secur"i by this Deed of f ruse: and iel the race, it
<br />007.10) the portions of parsons legally entitled ibereto.
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