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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 />claim for daemon, 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 I ender's option, either to restoration or repair of the Property or to the stuns secured by this Decd 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 1 said 2 hereof or change the amount of such installments.
<br />M. Merawar Not Ballasted. Extension of the time for payment or modification of amortization of the sums secured by this Dad of Trust
<br />granted 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 success= in interest. Leader shall not be required to commence prooadirip against such successor or refuse to extend time for
<br />payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower
<br />mid Bexrowee•'s successors in interest.
<br />11. ForMenem by Lender Not a Waher. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shad 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 caw indebtedness secured by this
<br />Died of Trust.
<br />12. Annealing C nindedre. Ali remedies provided in this Dad 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. Saeaaeors and Amlgas Denied, Judo ad Serenl Lhblft; 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 coverams and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Dad of Trust
<br />are for convenience only and are not to be used to interpret or define the provisions hereof.
<br />14. No". 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 shall be giver[ by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address
<br />as Borrower may designatc by notice to Lender as provided herein, and (b) any notice to Lender shall be givers by certified mail, return receipt
<br />requested, to Lender's address stated hereon 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. UnBtaes Deed of Trull; Govexfhg Lam; Sevasbillty. This form of dad of trust combines uniform covenants for national use and
<br />not[- 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 Deed of Trust or the Note which an 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. Bearnwar'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. 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 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 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 dune and payable. Lender shall have waived such option to accelerate if.
<br />prior to the sale or transfer, Lender r and the person to whoa 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 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 no less than 30 days from the date the notice is mailed within which Borrower may pay the stuns 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 />Ill. Acceleration; Reaaeiks. Faapt as psa- In paragryb 17 bereef, apen borrower's breack of ssw covenant or agreenmeat of
<br />De vow in Ibis Deed of Treat, deluding the covenants to pay when doe nay sass secured by thin Dad of Trost, Leader prior to acceleration
<br />shad anti otetice N harrower s prorfied is psragraph 14 hereof pedfyiag: (1) the haeseh; (2) the action rued to care such breach; (3) a
<br />dolt, ant bas tang 38 days fees tine doe of notice In sashed to borrower, by wbie► seek breach grad be card; sad (4) that tailare to care such
<br />Meech ore or bdore lie doe pacYfei k tae aotiex cagy emtlt i• aadaNlaa d tae sass at r P by tats Deed of 7rst and ask of tae Property.
<br />Tae adee aW faftlser infers harrower of lien d& to relestak after acceleration std the rW to bring a cowl action to saserI the soe-
<br />taYMaoe of a I I I or say ed w defease of borrower to accdnadoa sad sale. If the breaca Is act card on or before the doe speelfied is the
<br />taollce, Leader at Leader's optima essay declare all of din assets... P I by t1de Dad of Train to be in sedirtsiy due sad payable without farther
<br />dsmamd dsf say hsvoke the power at ssk aced asty other resae , pe ring"d by applicable law. Leader sWt be eaddei to collect all reasonable
<br />crab and esapsnma iatarred his paraalag tae remeies provided to tW paregea/h 18, iaduiag, bat act inked to, emsenale attorney's ten.
<br />If Ibe power of sek b ievoked, TnMn sW record a notice of definedt In eaeb too" In whets the Propesy er some parr taereof is located
<br />and again sash copis of such notice is tan enamor psaoslied by sppieahk law to borrower and to the other persons prescribed by appinble
<br />law. Ants Ilse login of sues mdse as say be regaled by sppicahk kw. Tressee aaai sire pubic notice of ask to the pesos and is the sower
<br />psu, ill by sgheaik law. Tresses, wahao dissainal an borrower, sW sell the Property at public auction to the higliaest bidder ■t the time
<br />and pkm and radar On Nees dealpmed In tae aofit - of sek Is one or sore prcela and In such order an Trades say detaaiae. Tnew say
<br />primpnfeaab of rA w saw /seep of dw Property by Mahe aaaoasacens at at tae time and piece of any previously scheduled sale. Leader w
<br />Leader's dadwase may partis ,tat property at nay omit.
<br />Upw receipt of psymno of mgt price Md, Ttaske semi deliver to the purchaser Trstet's deed conveying the Property ask. The recitals; is
<br />tgn Teuon'o dmd alai be prise Taele erf/nes o< fore tstst! o[ tie Ota/eeaeafs trade timerds. Trwske sW apply tie proceeds of the sale la the
<br />ttsiowlrg order W to tai resmasMe cods and eapnas of the Oak, Iaeledhg, but not inked to, Tr ea e's fees of not more than ' ___%
<br />of tavlpon sk price, reosoaabk attorney's fees and ease of tkk evidence: (b) toed suns secured by tide Deed of Trent: and (c) the excess, it
<br />MY, to tin prro- of pxaaaO legs4 nodded slants.
<br />19. Bar vown's Fugal to Rdrstafe. Notwithstanding fender's acceeration of the sums secured by this Iced of Trust, Borrower shall have
<br />the right to have any proceedings begun by Fender to enforce this Deed of Trust discontinued at any time prior to the earlier to occur of (i) the
<br />fifth day before the sak of the Property pursuant to the power of sale contained in this Deed of Triko tar (,ii) crtt% of a judgment enforc inr, [has
<br />Deaf of Trent ifs is) Borrower pays Lender all sums which would tx then due under this Deed of f*ust, the Note and natc< .ecurins Futanc
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