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<br />by this feed of Trust immediately prior to the date of iakmg bear: t„ .... +air [ s et .aiue of the Pr„ (lert:a entmediateiy prior to the :ate o!
<br />taking, with the balance of the proceeds paid to H,,rrowe =.
<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 Propeny 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 />dat., of the monthly installments referred to in paragraphs I and ? hereof o, 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 Decd 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 made by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Forbearance by Leader Nol 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 rrtedy. 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 bylaw or equity, and maybe 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 successor% 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 he used to interpret or define the provisions hereof.
<br />14. Notice. Except for any notice required under applicable law to be g: ven 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 oral such other address
<br />as Borrower may designate by notice to Lender as provided herein, and (b) any notice to 1_ender shall be given by certified mail, return receipt
<br />requested, to Lender's address stated herein or to such other address as Lender ntay 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 Burrower or Lender when given in the manner designated herein.
<br />15. Uniform Deed of Trust; Governing Law; Seversbility. This form of deed of trust combines uniform covenants for national use and
<br />non - uniform covenants with limited variations by iurisdiction 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 iocated. 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 he furnished a conformed cop.; 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, to 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 pavable. 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 or Trust, including the covenants to pay when due any sutras secured by this Deed of Trust, [ender prior to acceleration
<br />shall maB 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 lees than 30 days from the date of notice is mailed to 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 this Deed of Trust and sale of the Property.
<br />The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-
<br />existence of a default or any olber defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the
<br />notice, Leader at Lender's option may Aare all of the sums secured by this Ileed or 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 sad expenses incurred In pursuing the remedies provided in Ibis paragraph 18. Including, but not limited to, reasonable attorney's fees.
<br />If the power of sak 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 mW copks of such notice in the manner prescribed by applicable law to Borrower and to the other persons prexribed by applicable
<br />law. After the lapse of such time as may be required by applicable law, Trustee shall give public notice of sale to the persons and In the manner
<br />prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to The highest bidder at the rime
<br />sad place sad under The terms designated in the notice of sale In one or more parcels and in such order as Trustee may determine. Trustee ma%
<br />postpone ask of all err any parcel of The Property by public announcement at the time and place of any previously scheduled sale. Lender or
<br />Leader's designee may purchase flit Property at any safe.
<br />Upon receipt of payment of (be price bid, Truster shall deliver to the purchaser Trustee's deed conveying the Property sold. The recitals in
<br />Trnslee's
<br />CIA
<br />lire deed shah be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the
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<br />fopowfhtg order: (a) to all ressonaMe costs and expenses of the sale, including, but not limited nr, Trustee's fees of not more that, 3 b
<br />of the ow sale
<br />V price. reasonable attorney's fees sari gusts ut title evidence; the w all sums securrrt by this Urrd of 'Trust; and tct the ryes,, if
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<br />Buy. to the person or Perron iegsuy entitled thereto.
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<br />lY. Borrower's Right 1u Nefastate. tic twtRuutiir h { end r t -:cr, , ,! th n , 1
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<br />the right tv ha,e any prrxeedmg5 hegun b, t c n„vr :, dw,. ,h,. Dt -ed u: ra ,lr.c nt ill u.,. , t ,s
<br />rut,, day, hetorC tl:e sale of the I o(xrt'r pw,udn ;,, the p:,w;:r „' ,uc.. r, _;f ;, !n,s I h•ed .• I . .. ,. a "n •. ,,..i udt r r ., �n, u:. i!:,.
<br />focd ,:d l:irt it tai 9nrn,wcr t.:r., : ,. ,,. ,.in •.. h"t, - ,,. .. ,.. .. -, .rc „ I,rr,t i •., !,. ., ,c a ", :. ..•,. ....
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