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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 />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 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. `' No own Na lleiarod. Extension of the time for payment or modification of amortization of the stems secured by this Deed of Trust
<br />granted by Lender to any successor in interest of Borrower shalt 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 sutras 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 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 />Dad 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 Trout or afforded by law or equity, and may be exercised concurrently, independently or successively.
<br />13. %ceessors and Assign Bound; Joist 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 Deed 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 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. Uniform Deed of Trust; Governing Law; SeverablYty. 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 transit, , 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 shalt 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: I
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's !
<br />Borrower is this Deed of Trust, including the covenants to pay when due my sums secured by this Dad f ��lr pilf twt�
<br />shall mail notice to Borrower as provided In paragraph 14 hereof specifying: (1) the breach; (2) the a
<br />date, not kw than 30 days from the date of notice is mailed to Borrower, by which such breach must be cured; sad (4) that tailere to ewe mach
<br />breach on or before the date specified is The notice may resell In acceleration of the sums secured by this Deed of Trust and sak of the Property.
<br />The notice shall further inform Borrower of the riot to reinstate after acceleration and the right to bring a cowl action to semi the sos-
<br />existeace of a default or any other defense of Borrower to st'eekntion will sale. If the breach Is sot cured on or before the date specified In the
<br />notice, Lender W Lender's option may declare all of the sutra sectored by this Deed of Trust to be Immediately due and payable without further
<br />demand and may invoke (be power of sale and any other remedies permitted by applicable law. Lender shad be entitled to collect all reasonable
<br />costs and expenses incurred in panning the remedim provided to this paragraph lg, including, but not limited to, ressowibk attorney's fees.
<br />It the power of sale is invoked. Trustee stall record a notice of default is each county is which the Property or some part thereof is located
<br />Tied shuB mall copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable
<br />law. After the lopse of such time as may be regained by applicable law, Trustee shall love public notice of sale to the penoss cud In the manner
<br />prescribed by applicable law. Truilm, without demand oil Borrower, shall self the Property at public section to the bigYest bidder at the dme
<br />and piece and under the term designated in the notice of safe in one or more parceh and In such order as Trustee may determine. Trustee may
<br />posioose sale of all or any parcel of The Property by public announcement at the time and place of any previously sehedsed sale. tender or
<br />I *oder's designee may purchase The Property at any sale.
<br />Upon rea'rigt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold. T be recitals is l
<br />rise Trustee`s deed shag be prima facie evidence of the truth of the statements made therein. T raster Rhall apply the proceeds of the sale In The
<br />following order: (a) to a0 reasonable costs sad expenses of the sae, ladading, but not limited to, Trustee's freed of not more than
<br />of the gross sae price, ressnsable ittorney's fees and casts of title e.Mence; (br to all sums secured by this Deed of Trust; and eel Ike esce", if i
<br />say- to the person or 0ersows tegaMy entitled thereto.`
<br />19. Nwralw's Right to i endet �.dccer raflw, .,t the sums :;cored bs lhn I1 cif of Trust, tit >nuwet chall force
<br />.o',A r win, nr, <,r:f,,tp tycfitsrn rat 1. end clat )rcd 1111, 0,eed >f I ?u f ace., .m1e tuu-a t,t the rarltet to c,:,u; of 1111 Th,
<br />uhf •,ate J:1- °'-ngcz cg ,. ,,r c.i all! tr• :tan; —ft -,If call D: rd n I runt rat (ti) calm v - ,- titnicnt ; wot -m$ :h ,
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