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<br />by this Deed of Trust immediately prior ie, the 4alr: of faking ?ka; a3r ninarkct .,duc , f the Pi,xfrrty immcdiatefy prior to ttic date o.-
<br />taking, with the balance of the proceeds paid to Borrower.
<br />If the Property is abandoned by Borrower, or if, after notice by i ender to fl ±newer that the condemnor offer s to make an award or settle a
<br />claim for damage, Borrower fails to respond to Lender within Sty days after the date such notice is mailed, Lender is authorized to collect and
<br />apply the proceeds, at Leader's option, either to restoration or repair of the Property or to the sums secured by this Aced of Trust.
<br />Unless lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the date
<br />date of the monthly installments referred to in paragraphs t and 2 hereof or change the amount of such installments.
<br />10. Borrower Not Robamed. Extension of the time for payment or modification of amortization of the sutras 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 Decd ot" "'Trust by reason of any demand mate by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Fos•maram by Leader Not a Waiver. Any forbearance by Lender in exer,_ising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shall not be a waiver of or preclude the exercisr of any Stich right or remedy. The procuremerit 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 ticceltrate the maturity of the indebtedness secured by this
<br />Dad of Trust.
<br />12. Rome" 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. Sisece sora and Assigns Bound; Joint sad Several Liability; Captions. The covenants and agreements herein contained shalt 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 Deed of Trust
<br />are for convenience only and are not to br u,ed to interpret or define the provisions hercot.
<br />14. NoNee. Except for any notice required under applicable taw to be given in another manner, ta) any notice to Borrower provided for in
<br />this Dad 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) acv notice to !.ender shall be given by certified mail, return receipt
<br />requested, to Lender's address stated herein ur to such other address as Lender may designate by notice to Borrower as provided herein. Any
<br />notice provided for in this Deed of Trus: shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Uniform heed 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 he 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 ail or any part of the Property or an interest therein is sold of transferred by Borrower
<br />without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Decd of I rum, (h) 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 1'rust shall be at such rate as Lender shall
<br />request. If Lender has waived the option to accelerate provided in his 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 Iced of Trust aced
<br />the Note.
<br />If Lender exercises such option to accelerate, lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hc,eof.
<br />Such notice shall provide a period of not less than 30 days (tom 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 IT hereof, upon Borrower's breach of any covenant or agreement of
<br />Borrower In thin Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust. Lender prior to acceleration
<br />shill maN notice to Borrower as provided in paragraph 14 hereof specifying; (I) the breach; (2) the action required to are such breach; (3) a
<br />dale, sM has tbna 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 aceekntion of the sums secured by this Deed of Trust and sale of the Property.
<br />The notice shad (artier inform Borrower of the right to reinstate after actelention and the right to bring a coact action to assert the non -
<br />nhlkace of a ddsalt or any other detente of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the
<br />node*. leader at Leader's option may declare aN of tie sums secured by this Decd of Trust to be immediately dire and payable without further
<br />demand anal may invoke the power of seek and any other remedies permitted by applicable law. Leader shall be entitled to collect alt reasonable
<br />cosh and expenses incrrred in parsaing the remedies provided In this paragraph 18, including, but not hustled to, reasonable atlorney's fees.
<br />It the power of sale is Invoked. Trastw shall record a notice of default In each county in which the Property or some part thereof is located
<br />and trill mall copies of mKb notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable
<br />Mew, After the lapse of sack time tit may be required by applicable law, Trustee shall give public notice of sale to the persona and In the manner
<br />prescribed by a►pYcabk law. Trustem, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time
<br />aril plum and under dim terms dnfgtu/td is the notice of sale In one or more parcels and in such order as Trustee may determine. Trustee may
<br />paNpose see of ON ar any parcel of the Property by public announcement at the time and place of any previously scheduled sale. header or
<br />Leader's dalgnae may purchase the Property at any sale.
<br />Up" raoN(tf of payment of the price bid, Trustee shall deliver to the purchaser 'Trustee's deed conveying the Property sold, The recitals in
<br />the Trimbe t. deed A&M be prima tack evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the
<br />foflowMtg order: (a) to all reasonable costa sad! expenses of the sale, Including, but not limited to, Trustee's fees of not more than ....._ 3 ?'o
<br />of the grow ask price, reaaosabk attoreey's tees and costs of tide tvldeace; ib) to all sums secured by the. Iced of Trust; and (N flit excess, if
<br />MY. to the ptnaon or persons kZalty retitled thereto
<br />lf. Borrower's Right to Rciaatalt. Not ii, tnhstandmg l.en icr .cel i at ion ,,r !h u n .c ur S t t _ i! I )ecd I l li,! H,'i Z , wcr h ill :a,,.
<br />the right to have any prcxeethngs begun by I erider ' t . ionic this Ike..( or L nst dice ,nti11t :rd a• a... t Mc .
<br />fifth day before the sole of the Pre pets ;run :cent :o p;.wer ,rt s:.ic r: trees ra•d in rht, Deed t 1 n.•. , ..... , , .: , ^r,h •, :u• a•,t
<br />Lieed of 'Trust if (a) Ibur<rwcr iva I ..ndrtr a;i ,, :stn r.,,. ., w iu:t x h.t .._. .,•:des ;tm D ,t sic 1rt i �i ,
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