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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 damages. 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 Lender's option, either to restoration or repair of the Property or to the sums secured by this Dad 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 referred to in paragraphs 1 and 2 hereof or change the amount of such installments.
<br />10. Barrowes Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed 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 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 sums secured by this Deed of Trust by reason of any demand made by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Fofinrom by Lender 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 />Deed of Trust.
<br />12. Remedies Comaladvt. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Dad of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively.
<br />13. Soeces fors and Assigns Round; Joint and Several Llablfity; Captious. 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 Dad 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 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 feed 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-. Severahifity. 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 locaied. 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 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 Deed 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 Teed 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 We 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 IS 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 />Borrower in this Deed of Trust, Including the covenants go par when doe any sums secured by this Deed of Trust, Lender prior to acceleration
<br />shall used notice to Borrower u provided in paragraph 14 hereof specifying: f 1) the breach; (2) the action required to care such breach; 13) a
<br />dNe, am teas them 36 days from the date of notice is mailed to Borrower, by which such breach must be cured; and 14) that failure to cure such
<br />breach on or before the date specified in the notice may result in accelentloo of the sums secured by this Deed of Trust and sale of the Property.
<br />Tie unlike shall further infotas Borrower of the right to reinstate after acceleration and the right to bring a court action to amen (he non-
<br />existence of a default or any other defense of Borrower to acceleradon and Bak. If the breach is not cured on or before the date specified In the
<br />aeace, Lender at Lender's option may declare aN of the eve's secured by ibis Deed of Trust to be Immediately due and payable without further
<br />demand and limy invoke tie power of salt and my other remedies permitted by applicable law. Leader shalt be entitled to collect and reasonable
<br />C omb and expenses incurred In pursaing the resedks provided in this paragraph It, including, but not fished to, reasonable attorney's fees.
<br />If The power of ale is invoked. Trustee shah record a under of default in each county to which the Property or some part thereof is loceted
<br />and shall ssafl copies of such notice in the Manner prescribed by applicable law to Borrower and to the other persona prescribed by applicable
<br />law. After the loge of such time as say be required by applicable law, Trustee shall give public notice of sak to the persons and in the manner
<br />plain td by applicable law. Trtutet, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the lime
<br />and piece and under the terse designated In the voter of sale in one or more parcels and in such order as Trustee may determine. Trustee may
<br />paapoae aele of ae of any puce of the Property by public announcement at the time and place of any perviously scheduled sale. Lender or
<br />Lender's dealpec any gas chrr the vroperiv at any sale.
<br />Upon race* of payment of the price bid. Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold. The rrcits ds in
<br />AE'i"MW's deed Shand be prima facie evidence of the troth of The statements made therein. fruslee shell apply the prtieveds of the tale in the
<br />foNowty order: cal to aB re>,dorahk costs sad expenses of the sale, including, but not limited io, i tustee's fees of nor more than
<br />of floe grow oak prky, rtmwahk ellorwey'a fees and costs of title evidence; (tit to all sums secured hr this lived of I ruse: and ii i the rir e.,. if
<br />a*!,. to The person or persons legaNy ratified therrio.
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