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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 />uWag, 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 Lends within 30 days after the date such notice is mailed, Lender is authorized to collect and
<br />apply the proceeds, at Leader's 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 />date of the monthly installments referred to in paragraphs l and 2 hereof or change the amount of such instalments.
<br />141, But eines Not Rdmmd. Extension of the time for payment or modification of amortization of the stuns secured by this Deed of Trust
<br />granted by Leader to any suceessor 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. Leader shall not be required to commence proceedings against such successor or refuse to extend titre for
<br />payment or otherwise modify amortization of the sums secured by this Heed of Trust by reason of any demand made by the original Borrower
<br />and Borrower's successors in interest.
<br />11. FosNvastee by Lender Nola Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shall not be a waive 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 Leader shall not be a waiver of Leader'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 Trost or afforded by law or equity, and may be exercised concurrently, independently or successively.
<br />13. Sndeemsrs and As*= Dowel; Jolt ad Several lJmhility; 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. Ali 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 mariner, (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 Leader'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 Dad 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; Severshitity. This form of deed of taut combines uniform covc=U 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 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 and the provisions of the Dad 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; Amompdom. 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 motley 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 Dad 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 Dad of Trust and
<br />the Note.
<br />If Leader exercises such option to accelerate. Lender shall mail Borrower notice of .cceleration 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 />date. 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 as provided In paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Ila owes In this Deed of Trutt, Indmdi ng the covenants to pay when due say some severed by this Deed of Tout, Lender prior to acceleration
<br />shall mail aoW to Borrower as provided is paragraph 14 hereof specifying. (1) the breach; (2) the action required to cure such breach; (3) a
<br />date, not less than 38 days from the dole of notice is totalled to Borrower. by which much boucles most be cared; and (4) that failure to cart such
<br />broods on or before the date specined In the notice my rend In acederatiom of the sus secured by this Deed of Trust mad sale of the Property.
<br />The nretia asoB Miser Worse Borrower of the right to reinstate after acceleration and the right to bring a donne action to assert the non-
<br />existence of a defoult or my other defense of Burrower to accdention and sale. If tae breads Is not cared on or before tse daft specified In the
<br />sollee, L.eadee at lender's option may dedem slot the sums secured by this Deed of Trust to be immediately doe and payable without further
<br />demsmd and moy invoke the power of sak and any other reaedf t permitted by applicable law. Leader droll be entitled to cdkd all reasonable
<br />coots surd expenses leaned Im porsdoli the etmseamp provided In this paragraph 18. Including, but mot limited to, remonable attorney's fees.
<br />U the power of sale Is poked. Trustee shall record a notice of default In each county in which the Property or some pan thereof is located
<br />and shad mall copies of such notice l the manner prescribed by applicable law to Borrower said to the other persons prescribed by applicable
<br />low. After the Input of such time m coq be r"oked by applicable law, Trastee shall give public notice of sale to the persons and Is the manner
<br />prescribed by nI 1 11e kw. Trustee, without demand on Borrower, shad sell the Property at public &action to the highest bidder at the time
<br />and plate and under the tams designated In the notice of sale In one or more parcels and in such order as Trustee my determine. Trustee may
<br />postpone mule of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Leader or
<br />Lemler's dssl isme moy pmreiuse the Property at a" sale.
<br />Upon re Ali of payment of the prior bid. Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold. The red" in
<br />L the Trice's doM d411 be prima fade erNenr of the truth of the statements made therein. Tras4e shall apply the proceeds of the safe In the
<br />fallen order: (a) so all reasonable t'ab mW expenses of the sale, including, bat not limited to. Trustee's fees of not more than _ 3 _. -.
<br />of the gram sale price, reasonable attorney's fem and costs of title evidence; (b) to W sums secured by this Deed of Trust; and (c) the excess, if
<br />any, to tie pesos or peaoas legacy todded thereto.
<br />19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust. Borrower shall ha%e
<br />the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior to the earlier to txcur of I Il she
<br />fifth day before the sale of the Property pursuant to the power of sale contained in this Deed of Trust of In) entry of a judgment entorenrg this
<br />Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under this Deed of (rust, the Noe and note, a tuuzg I uiwv
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