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<br />by this Dodd of Trost itnmodiatdy prior to the due 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 />darn for damages, Borrower faits to respond to Lender within 30 days after the date such notice is mailed, Leader is authorized to collect and
<br />apply the proceeds, at L.euder's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust.
<br />L dm Dada 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 referral to in paragraphs I and 2 hereof or change the amount of such installments.
<br />IL basrewer Not RWW&vod. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />gated by Leader 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 otherwise modify amortization of the stems secured by this Deed of Trust by reason of any demand made by the original Borrower
<br />and Borrower's successors in interest.
<br />U. Fsttmoa m by leader 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 />IL Remeifes Cmsdative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or r mtedy under this
<br />Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively.
<br />13. 5tiecessors ant Assigns bound: Joint and Several LiaYitlty: 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 1-7
<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 />14L Nodm Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in
<br />this Dad of Trust shalt 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 tray 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 nor Lender when given in the manner designated herein.
<br />IS. Uniform Deed of Truth Governing Law: SleveraltNity. 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 />Trost 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. bomower's Cops. Borrower shall be furnished a conformed copy- of the !vote and of this Deed of Tout at the time of execution or
<br />after recordation hereof.
<br />17. Transfer of the Property: Assompthm. 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 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 claw upon the death of a joint
<br />tenant or (d) the gram of any !easchold 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 Trutt 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 />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 ) 8 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration-, Remedies. EtwW as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Bas own In this Deed of Trust, indadag the covenants to pay when due any sums secured by this Deed of Trust. Leader prior to acceleration
<br />shall mat notice to borrower is provided in paragraph 14 hereof specifying: (1) the breach, (2) tie sctdoo required to care such breach: (3) a
<br />date, no less dun 30 days from the date of notice is ma.. , to borrower, by which such breach mort be eased. and (d) that failure to cars such
<br />I I oat or before the date specified is the notice any resit in aadaadoa of the sums sernrd by this Deed of Trust and nk of the Property.
<br />71he calker shut loather bsforat Borrower of the right to rsfu safe after weekrades and the night to bring a coot action to suseer. the moo-
<br />edskum of a defank or any other defense of llursower to acceleration and sale. If the brad Is not tared oat or before the date specified in the
<br />outline, Lender at If eo I 's optiOa testy okA al of the moss mew by this Deed of Trust to be immadiardy dns and payable without farrier
<br />demand and any Invoke the power of ssk and soy other remedies pt sadned by applicable law. Leader sing be twtided to coded all reasonable
<br />eosk tad expanses incurred is pursuing the remedies provided its this paragraph 18, including, but not limited to, rewnble aner ney's fees.
<br />B the power of sake Is molted. Trustee shag record a notice of default In each county its which the Property or home part thereof is located
<br />ad slab no copies of stsd Room In the m prescribed by appKnbie law to borrower and to the other pass= prescribed by app icable
<br />bw. Aflw the ieW sf sod dme s may' be iequk by appYcabk few, Trustee [hall give public notice of mk to the persons and is the manner
<br />I , , ill I by oppYcaile law. Trustee. without demand on borrower. shag seN the Property at pubic auction to the bighest bidder at the time
<br />and plate and under the terms I igaa- In the notice of mile its one or more parcels and in such order as Trustee my determine. Trustee may
<br />ple p use utk of am or any pss eel of the Property by pubic nmouucemeat at the time and place of any previously scieduked sale. Leader or
<br />lander's deignee may port I the Property at any tide.
<br />Upon ree sip! of payment of the price bid. Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold. The recitals in
<br />the Trnssee's deed doN be prim fade evidence of the truth of the statements rande therein. Trustee shall apply the proceeds of the sale in the
<br />labanrIng order (a) to sb renonble casts tad expeam of the sale. including, but not limited to. Trustee's fees of not more than 3 °e
<br />of the Von sale price, removable anoroey's fen mad costs of title evidence: (b) to all sums secured by this Deed of Trust. and (c) the excess, if h
<br />soy. to the person of persons legally entitled thereto.
<br />l!. borrower's Right to ReInstale. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust. Borrower .hall ha +t
<br />the right to have any proceedings begun by Lender to enforce this Deed of 1 rust discontinued at an} time, prior to the earlier ro occur of I n ' rc
<br />fifth day before the sale of the Property pursuant to the power of sale contained in this Deed of Trust or till entry of a tudgmem eat t ot. iriv ihr.
<br />Deed of Trust if (a) Borrower pays Lender all sums which would fie then due under this Deed cif Trust, the Note and m?tn ot� cans l iowC
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