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86- -1.067,16
<br />by this Deed of Trust immediately prim 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 damages. Borrower fait to respond to Leader within 30 days after the date such Mice 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 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 monthly installments related to in paragraphs I and 2bermf or change the amount of such installments.
<br />18. Borrower Not Selsnai. Extension of the time for payment or modification of amortization of the sums secured by this Dad of Trust
<br />Braided by Leader to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Boi i ower and
<br />Borrower's saccessas in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend tmW for
<br />payment or otherwise modify amortization of the sums secured by this Dad of Trust by reason of any demand made by the original Borrower
<br />and Borrower's successors in interest.
<br />11. ForMastaea by LeM" Not a Welver. 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 Leader 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. ■eusedes Canadative. 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 by law or equity, and may be exercised concurrently, independently or successively.
<br />13. 3usasawoes and Asnipr Boaad; Jahn aced Several LWAky; Capdoes. 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 Dad of Trust
<br />arc 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 mail, return receipt
<br />requested, to Leader's address stated heroin 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 />15. UusIforst Deed of Trust; Governing Lave. Severs ilft. 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 />Test 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 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 />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Dad of Trust at the time of execution or
<br />after recordation hereof.
<br />17. Traastar of the Properly; Amemolidoo. If all or any part of the Property or an interest therein is sold or transferred by Borrower
<br />without Lender's prim 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 />tenamt 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 Trout to be immediately dine and payable. Lender shall have waived such option to accelerate if,
<br />prior to the sale m 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 Leader and that the interest payable on the stuns secured by this Deed of Trust shall be at such rate as Lander 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 Trout and
<br />the Note.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance wish 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 />1D. Accderadoo; RaseYea. Fsoept as provided Is p"agnpb 17 hereof, spa Borrower's breaci of say t'ovepst or agreeseat of
<br />Borrow" Is this Deed of Tram. helsd'ag the coveaaab to pay wbes due any suss s- , by tbk Deal of Trust, Larder prior to acceleration
<br />stall stay rreu -*, to Borrower a provided h paragyapb 14 hereof spedfyiug: (1) the breach; (2) the acdoa required to care nob breach; (3) o
<br />hale. ash bs the 30 days fros the dole of modm le swelled to Borrow". by which welt btencb asst be card; and (4) tbat ftYse to care torch
<br />brush so or before the Bose specified IN do police may ntsuk Is ecoderadon of the ors aerated by this Deed of Trawl and sale of the Propesty.
<br />The soliee shall uglier hiders Borrower of the edght to rdaNsle after neeekratloa and the right to brhg a Cost sedoa to swss, she now
<br />eudebaoe of a d~ or aq ods r defense of Borrower to woderstloa pd ale. D the beta I Is not coed oo or before the dale gecliod h the
<br />oeerlles, Iuadwr ol Larder's opYen say ekdse>i of the sun treated
<br />by this Dead of Treat to be intsedWriy toe nai payable without further
<br />dssaad ood tarsi Incite the power of oak aced way other resells peeskled by applicable low. Deader rW be enrolled to coYset ON etaaaaabie
<br />eoey isd apw loco he parsniug the rosaRs prevlded IN this ponagrapb 18. lsdadtug, but not Ilslsd to, resumm k $"army's fees.
<br />I! the power et sale le Invoked, Trursa sYai record a aodee of defook [stock cosrty in wbkh the Property or nose port thereof Is located
<br />o%J doll see/ topis of sacs media it 60 um Is 011 -1h rd by appYcable law to Borrower ad to the orb" person Few* ed by applicable
<br />law. Ater oho laps of such else as any be retepsirod by applicable kw, Trustee shod give pbYc *ode* of sole to the pesos said In the super
<br />p 0 k7 appiiesbk lave. TerwMe, wkhort d ommind ea Borrower. daft sell the Property at public amcdoo to the highst bidder at the Noe
<br />sod lwkoe and nodes the lusty deeigoaNd Is the police of oak In oat or swore pwcele pet is such order as Trusts say dekrsdoe. Truism say
<br />pool"" isle of a or my pored of the Ihop"ty by pahlfe wsosroesew at the flue and pkce of any previously scheduled role. Louder of
<br />LawWa dhdrue may ptrae. the P "M h at aq sale.
<br />Ups tars Ig of peysont of cis prise bld. Trustee *0 deliver to the psecbsees Trustee's deed conveylog the Property 9014. The crcksk is
<br />tat TesaWs deed "be pries. fuck - Ideate of the troth of the shmmm s Mode Herds. Troake shall apply the proceeds of tbt sole IN the
<br />(sWwly order la) M ale nuorsbie east and eapsuaea of the ark, fuehdlsg, but sot linked to. Trnose's fees of cwt sort tbas
<br />of** ran oak prls, nswbls "a Has old roes of doe mvHenea; (b) to on nos secured by tbb Used of Trost. tied (c) the excest, if
<br />on, a do pon w or prsoso legally soddsd dierete.
<br />1!, So twos rtlgm so tie. Notwithstanding Lender's acceleration of the stems secured by this Deed of Trust, Bofrower shalt have
<br />the, right to have any proceedings begun by Lender to enforce this feed of Trust discontinued at any rime pritx to the earlier to (xcar of f! 3 ,hc
<br />fifth day before the uk of the Property pursuant to the power of sale cooWnted in this Deed of Trust oT etc) entry of a judan)cnt enfolony the+
<br />I)otod of Trust if:: (a) Hcxtower pays Leader all stuns which would be then clue under thts Deed of Trigo. Ole Note and note se siting t ultra
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