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$s- 105731
<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 dam"et. Borrower falk 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 />Utilas 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 tncrad dy instalime nu referred to in paragraphs I and 2 hereof or change the amount of such installments.
<br />H. knot Not tdrsud. Extension of the time for payment or modification of amortization of the van secured sty this Deed of Trust
<br />planted by Lender to any successor in interest of Borrower small 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 Borrcwa
<br />and Borrower's successors in interest.
<br />11. Ferbeaesaoe by Latter 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 />Dead of Trust.
<br />I2. Remedies (smslative. All remedies provided in this Deed of Trout are 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. Sseee ma and Asdps Bound; Joist ash Several Liabldky; 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 Died 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 taw to be given in another manner, (a) any notice to Borrower provided for in
<br />this Deed of Trout 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 />13. UnWorm Deed of Trust; Gover sing Law; SevembWty. 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 .ropy of the Note and of this Dad of Trust at the time of execution or
<br />after recordation hereof.
<br />17. Transfer of the Property; Assumption. if all or any pan 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 Bleed 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 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 mai:--d within which Borrower may pay the sums declared
<br />dote. 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 COVENAN" f5. Borrower and Lender further covenant and agree as follows:
<br />18. Aeederation; Remedies. Except as provided is paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Do owes is this led of Trust, incladiag the covenants to pay when due any suns secured by this heed of Trans. Leader prior to aceektardoo
<br />shall mob autice to Borrower as provided to paragraph 14 hereof specifying: (1) the breech; (2) the action requited to cure such breach; (3) a
<br />isle, act km than 39 days from the date of notice Is wMei to Borrower, by which such breach mnst be cured; and (4) that isilure to can such
<br />btasicb on or betafe the date specified Is the notice zany result its acceleration of the sum secured by this Deed of Tram and sale of the Property.
<br />The sutloe shall further inform Borrower of the right to reinstate slow accekratbs aM the right to bring a court aclime to assert the son-
<br />of a default or say other I ease of Borrower to acceleration and ask. If the beeaeb h am cat on or before the dab specified in the
<br />ttstia, Leader N Leader's option nay ircI all of the sum secured by this Deed of Trot to be homedisidy due ad payable without fortber
<br />demend trod may Invoke the power of sale and my other remedies permitted by appiiable law, leader slid be eatltled to ealkel all reasonable
<br />costs and expenses incurred to pursuing the remedies provided In obis paragraph 18, Including, but act United to, rawsable attomey's fees.
<br />If the power of ask Is invoked, Trustee sbd retard a notice of default in each county Its which the Properly or come part thereof is located
<br />and shall mall repro of such notice In the manner prescribed by applicable Ins to Borrower and to lie other persons prescribed by applicable
<br />law. After the lapse of such rime m may be required by applicable law, Trustee shill give public notice of ask to the persons and in the mass"
<br />prescribed by applcable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time
<br />sad place trod ceder the terms designated to the notice of ask In one or mom parcels sad In saaeh order as Trustee my determine. Trustee may
<br />pstpone sale ofd or any fired of the Property by public announcement at the time and place of my previously scheduled sale. lender or
<br />fwsdef's dedgm a may parcMse the Property at my =k-
<br />Upim receipt of payment of the price bid. Trustee shill deliver to the purchaser Trustee's deed conveying The Property sold. The recitals in
<br />the Truf e's deed slid be prim fade evidence of the truth of the statements made therels. Trustee shah apply !be proceeds of the sair in the
<br />fabewisg
<br />aides (a) To all reasoasbk costs and expenses of (be sale, including, but not limited to, Trustee's fees of sou more than 3 Q"0
<br />of the prom rule price, reasonable anorney's fees sad costs of title evidence; (bi in all sums sarcured b) this Deed of Trust; and ter The excess. it
<br />any, Is the person or persons legally entitled thereto.
<br />N. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the cum: secured bs thu lteed of Trust. IlUfr owet shed( tiair
<br />the right to have any proceedings begun by I ender it) enforce this Decd of 1 rust diuon(inucd a( am lime prior to the earlier to ncwr , n i, hr
<br />fifth day befote the sale of the Piopert% pursuant to the purer of sale amtainecf m this heed of 1,.,t err (rat crnrs of a Judgment 10 .... uii( inn.
<br />Deed of Trust it la) Borrower pays 1 ender all sums Khish could be then :tuc under (hr. Deed rat ; ru;t.. !hr ,:one :uiJ u,ae. ,.. _. , : I';",
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