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<br />by this Dead of Trust immediately prior to the date of taking bean 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 Larder to Borrower that the condemnor offers to matte an award or sate a
<br />claim for daatape. Borrower fails to respond to Leader within 30 days after the date such notice is mailed, Lander is authorind to collect and
<br />apply the proceeds, at Leader's option, either to restoration or repair of the Property or to the stuns secured by this Deed of Trust.
<br />Unleo Lender and Borrower otherwise agate in writing, any such application of proceeds to principal shalt not extend or postpone the due
<br />date of the monthly instaltmwtts referred to in paragraphs 1 and 2 hereof or change the amount of such installin acs.
<br />10. No own lies Unused. Extension of the time for payment or modification of amortizadoc of the sums secured by this Dead of Trust
<br />granted by Leader to any successor in interest of Borrower shall not operate to release, in any manner, the Uabiiky of the original Borrower and
<br />Borrower's successors in interest. Leader shall not be required to commence proceedings against such successor or refuse to extend time for
<br />payment or otherwise modify amortization cf the sums secured by this Deed of Trttrt by reason of any demand made by the origind Borrower
<br />and Borrower's successors in interest.
<br />11. Kerb areaae by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable kw, 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 />tam 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. Res us" Quoulatln. All remedies provided in this Deed of Trust arc distinct and cumulative to any other right or remedy under this
<br />Dad of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively.
<br />13. Ssetaeeon nil Amiss Bound; Joint and Several I1aYiYty; 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 Dad 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 he 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 1 enter shall be give[ 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 />15. Uoderm Dad of Tract; Governing Law; SeveraYWty. This form of deed of trust combines uniform covenants for [rational 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 Dad 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. Iteerawer'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. Trsnsf r of the Property; Amamptios. If all or any part of the Property or an interest therein is sold or transferred by Borrower
<br />without Leader'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, Leaner 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 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 tender this Deed of Trust and
<br />the Note.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of aueleration in accordance with paragraph 14 hereof.
<br />Such notice stall 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 suns 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 />It. A- Wem"m; Remeeiks. Dieept as Provided its ponpaph 17 hereof, upon Borrower's breach of my covenant or agreement of
<br />Do owes in this Dood of Trust, hsdadlag the covenants to pay when doe any sums secured by this Deed of Trost. Iwneier prior to acceleration
<br />shat/ MaY nedee to Burrower s provided in paragraph 14 hereof specifying: (1) the breach; (2) the action nepked to care such breach; (3) a
<br />date, reef loos dims 39 days from the UIe of notice Is stauBed to Borrower, by wkici such ' . oast he cored; and (4) fiat faYnre to cure such
<br />.ranch as or before the dam @paired is the notice v ny result in acceleration of the arms secured by this Deed of Tract and sak of the Property.
<br />Tie siep , shd tuitions idorm Burrower of tie right to relsstnte after acceleration and the rWR to bring a court action to mount the non -
<br />sublesee of a I I I or asp afhor defense of Do -wee to acceleration and oak. If the breath Is set cared on or before the daft specified In the
<br />sole*. Larder N l sder's spoon soy I de, - al of the soot sseuiad by thin Dead of Trust to be lomodlaidy the and payable without further
<br />thousand and any Invoke the Power of sale and guy other remeiko permitted by applicable law. Leader shall be end" to ceBect all reasonable
<br />cools and expenses incurred In pernshog the retest 0 provided is this paragraph 18, including, but not tilled to, reasonable attorney's fees.
<br />It the power of mk io iavebi, TnWK sW necoi a notice of didea t is each county its which the Property or sore pert tierce( Is loa'ated
<br />and shall oW copies of such notice In the nations, pnsnNei by applicable law to Borrower and to tie other persons prescribed by applicable
<br />hew. After dor sows of such lhar m may be requkud by applicable law, Truatee shall give public notice of seek to the persons and In the Mannar
<br />pnsaffld by appMeobk kw. Trustee. wkhoo iemad ern Borrower, sW an the Property at publik *action to the highest *'lien at the time
<br />and pion and nder tie Mena dsdpmted in the aotl, of seek is one or more parcels and is wed order as Trustee may dekroine. Trustee may
<br />po pose sak of all or guy pm►d of pie Ptspeoly by public muaomeemaeat at the tree and place of any pr*TMN* scheduled de. Leader or
<br />[wader's dsdpot say Pds1 she Property at any sale.
<br />Upon noolpt of payment of the Prim bid. Trsstoe shall deliver to the purchaser Truslin's deed conveying the Property sold. The recitals in
<br />Use Truss e's deed slot be prime rack evidence of the truth of the statemeaM made therein. Trussee shag apply the proceeds of the sak in the
<br />11 -- ng order: (a) to erg rsms - " cause and expenses of the sale. faeiedpug, but met timed io. Trastse's fen of act more than 3 e
<br />of this Vm oak price, reasonable steerury's tom tad cwM of ntie evidence; (b) to all sass secured by tW food or Trust; and ec) the excess.,, it
<br />deny. to the person or Persons legally wtldsd tiuerete.
<br />Mt. "rower's Rlg*t to Refast*M. Notwithstanding Lender's acteleratron of the sums secured by this Lked of Trust. Nor rowel shall )l-,
<br />the right to have any proceedings begun by Lender to enforce this freed of Inuit disamtmued at any time prior to the earlier to 1k0u .11 t
<br />fifth day before the sak of the Property pursuant to the power of We contwmed m thla Deed of Trust or (ii) rntry of a )uillimcm rnlw•.h iru
<br />Deed of Irust if (a) I mower pays I etxler all rums which would he they. duc under this Deed of trust, rite Node anti notes %e, unng '
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