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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 />tdow 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 Lenders option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust.
<br />Unless Leader and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due
<br />due of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of such installments.
<br />10. So ones Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />vaated by lender to any successor in interest of Borrower shall not operate to release, in any manner, the Lability of the original Borrower and
<br />Borrower's successors in interest. Lender shall not be required to canm race proceedings against such successor or refuse to extend time for
<br />payment or otherwise modify amortization of the suns seared by this Dad of Trust by reason of any demand made by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Fesbarance by Isnder Not a Wainer. 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 />Deed of Trust.
<br />12. Remo" 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 Amigss Road; Jobe and Several LWWAty; 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 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 Lender shall be given by certified mail, return receipt
<br />requested. to Lender's address sated 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 />1S. Uniform Deed of Ted; Governing Law; SeverabiYty. This forth 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 Lite 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 affa-t 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 pnor 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 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 Dead 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 />It. Acceleration; Remedies. Except n provided in paragraph 17 hereof, upon Roieowed" s breach of my covenant or agreement of
<br />Borrower its this Deed of Trust, including the covenants to pay when doe any sums new" by this Deed of Trost, Leader prior to acceleration
<br />shall mar Radar to Borrower as provided is paragraph 14 hereof specifying: (1) the breach; (2) the action required to care sacb breach; (3) a
<br />dale, not inch than 30 days from the date of notice Is muted to Borrower, by which such breach must be owed; and (4) that failure to care such
<br />breach on or before the date specified in the notice may rrsalt is acceleration of the sus secured by this Deed of ?rust and sale of the Property.
<br />The so" oW further inform Borrower of the tight to reinstate after acceleration mod the right to bring a court aetlou to amerl the noa-
<br />e holeace of a default or any other defense of Borrower to accekraUou and sale. If the breach is not card on or before the date specified in the
<br />ahtr.., Lender at Lender's option may declare all of the seas stewed by this Deed of Trail to be immediately doe most payable without fortber
<br />demawd and any Invoke the power of sale and my other remedies permitted by applicable law. Lender sMll be entitled to collect all reasonable
<br />o arosls and expenses Incurred to pursuing the remedies provided In ibis paragraph 19. including, but not limited to. reasonable attorney's fees.
<br />If the power of sale Is Invoked, Trustee shall record a notice of default in each county is which the Property or some part thereof is located
<br />and shay mail copes of such under lot the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable
<br />Inn. Aher the lapse of such doe as any be required by applicable low. Trustee shall give public notice of sae to the persons and in the manner
<br />It by applicable how. Trnsee, wltbow dexaa id on Borrower. shall sell the Property at public auction to the blgbtat bidder at the time
<br />and place and under the terms designated to the notice of sale is one or more parcels asd is such order as Trustee may determine. Trta-in may
<br />pealp im sale of all or any pmed of the Property by poblk aaaomeement at the time and place of any prevlomly scheduled sale. Lender or
<br />Lender's dipole my parelase the Property at my sale.
<br />Up" reteipd of payment of the price bid. Trtster since deliver to the purchaser Traaee's deed conveying the Property soil. The recitals In
<br />the Tramot's decd shall be prism fade evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the
<br />following order: (a) to all reasonable costs and expenses of the sale, including, boo not limited to. Trustee's fees of mot more than 3 °'v
<br />of the germ hie print, remoomW attorney's fed and costs of title evidence; (b) to all saws secured by this Deed of Trust: and tic) the excess, 11
<br />fay, to The person oe persons legally endded thereto.
<br />11. Borrower's Right to Rdmta e. Notwithstanding Lender's accelerauon of the sumo secured by this Dead of Tent. Nnr••a ri ,lull he,;
<br />the night In have and pruseadtngs begun by Lender to enforce rhr, teed m I r u•_i JB_onnma-d at ant nmc inch to the cdrber !. +.•,.,ui
<br />fifth day Wore the Bala of the Pnrpctty pursuant to the rt„wtr •,f sale ,wicamvd it, thls Decd of T'u't nr to entn of . tudKnuni rr t,• , ..,F
<br />field rat True :f tai lionnwev x:a- l coda all sum, w11101 would he then J", • J'd , ,hi: bleed 0 ; . .r \, c and „•t:. .-
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