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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 snake an award or settle a
<br />claim for damages. Borrower fails to respond to Lerida within 30 days after the date such notice is mailed, Leader is authorized to collect and
<br />f apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Dad 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 />date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of such installments.
<br />H Bernswtx Not Redound. Extension of the time for payment or modification of amortization of the stems secured by this Deed of Trust
<br />glattlod by Loader 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 otwmw modify amortization of the sums secured by this Decd 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 wdvver. 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 Caealotive. 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. Sueearsers read Assigns Bound; Joint gad 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 [nail, 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. Uniform Deed of Trust; Governing Law; Severability. This form of deed of trust combines uniform covenants for national use and
<br />[ton- 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 Dad 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 />lf. 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; Assamption. 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 Dad 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 mailed within which Borrower may pay the sums declared
<br />thee. 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 />19. Accel radon; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Borrower In this Deed of Trust, laclading the covenants to pay when due any sums secured by ebb Deed of Trent, Leader prior to acceleration
<br />shill soap notice to Borrower as provided to paragraph 14 hereet specifying: (1) the breach; (2) the action required to core such breach. (3) a
<br />doe, oat kes than 39 days from the date of notice Is adled to Borrower, by which such breach mast be cared; and (4) that failure to cure such
<br />hreaeh on or before the date specified In the notice may result in accdaation of the sums secured by this Deed of Treat sad sale of the Property.
<br />Tie notice aid further Inform Borrower of the right to reinstate after acceleration and the right to bring a court action to avert the non.
<br />cdom ere of a defooh or any other defense of Borrower to acceleration and ask. If the breach is not cured dm or before the dale specified In the
<br />net fee, Leader at Leader's optoa may declare all of the sums secured by this Deed of Trust to be tmaie:i::ey doe and payable without further
<br />demand amt many Invoke the power of sale and any other remedies permitted by applicable law. Leader slap be rattled to collect all reasonable
<br />comb and expenses incurred in paranitsg the remedies provided in this paragraph 18, including, but not limited to, reasonable anon oey's fees.
<br />If the power of sale is invoked. Trustee shall record a notice of default in each county In which the Property or some part thereof is located
<br />and OWS mail copies of such notice to the manner prescribed by applicable law to Borrower and to the other persons prescribed by appbmb;e
<br />h in. After the lapse of such time in any be regnirsd by applicable law. Trustee shall give public notice of seek to the persons and Is the manner
<br />*
<br />Pima by applicable law. Trustee, without demand am Borrower. shag sell the at public auction to the
<br />Property pan highest bidder at the time
<br />and plow and under the usms designated in the notice of sale Is one or more parcels and in such order as Trustee may deteraloe. Trustee may
<br />poslpoae male of al or any pared of the Property by public announcement at the time and place of any previously scheduled sale. Lender or
<br />Lenin's dtesiguee may MrcMse the Property at any sale.
<br />tlpo t recd/- of payment of the price bid, Trustee Aso deliver to the purchaser Trustee's eked conveying the Property sold. The recitals in
<br />the Troome's deed AM be prime fade evidence of the truth of the statements made therein. Trustee sbdl apply the proceeds of the sale In the
<br />11-1110 We order: (a) to aN reasonable costs and expenses of the sale. including, but not Umatd to, Trustee's fees of not more than _ 3-1) °'r
<br />of the gross side price, reasonable stloraey's fees mad costs of title evidence; (b) to all sums secured by this Deed of Trust; and (rt tote wrens, if
<br />MY, to the person or pemas legally entitled thereto.
<br />lf. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the slims secured by this Deed of Trust. Borrower hail Ira, c
<br />the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at ant time prior to the earlier to (4s ur �t i , ! irtc
<br />fifth :day before the We of the Property pursuant to the power of sale contained tit this Deed of Trust or (it) entry of a )udltmcnt cn!oit I my fhs.
<br />Deed of Trust if (a) Borrower pays Lender all sums which would be Own due under :hi, Deed of frint, the NOtr and rot-
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