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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 />l apply the proceeds, at Lender'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 I and 2 hereof or change the amount of such installments,
<br />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />granted by Lender 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 of otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand [Wade by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Forbearance 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 />Deed of Trust.
<br />12• Remedles Cumulative. Ali remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy tinder this
<br />Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively.
<br />13• Successors and AmIM Bound; Joint and Several Liability; 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 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 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 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 Deed 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; Severability. 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 Dee) 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 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 he severable.
<br />lf. 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 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 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 Deed of Trust shall he at such rate as I.endcr shall
<br />request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has a •fluted 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 [tic 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 />".ti4TN- LSNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18• . Except as provided In paragraph 17 hereof, upon Borrower's breach of any covenant or atinviatmi of
<br />Borrower in this Dad of Tram, lachading the covenants to Pay when due any sums secured by this Deed of Trust. Leader prior to accelerseirm
<br />shall men Miller to Borrower as provided In paragraph 14 hereof specifying: (1) the breach; (2) the action required to care such b: (3) a
<br />daft, am him then 30 days from the date of nonce is maned to Borrower, by which such breach most be cared; and (4) that !allure to cum such
<br />breach oa or before the date SPKUISd in the notice may result in aeeek"Hon of the sutras secured by the liked of Trust and sale of the Property.
<br />Inform Soffewer of the right to reinstate after acceleration sad the right to Mug a court action to assert the
<br />existence of a default or any other defease of 11111mativer to acceleration and sale. If the breach is not cured on or before Ike date %pecifted to the
<br />Leader IN Lender's option may declare an of the sums secured by this held of Trust to be Immediately due and payable vilthoat fureber
<br />demand said; may h "Oim the power of sale all any other remedies permitted by applicable law. leader shall be eatT In collet all reationable
<br />rem NW e in the remedies provided In this paragraph 18. Inclodling. but not limited to, reasonable attorney's fees.
<br />If the power of cede Is Invoked, Trustee shall record a notice of default in each county in which the Property itrumw part thereof is located
<br />nod shad man copim of anch in the manner prescribed by applicable law to harrower and o Ike other Persons prescribed by applicable
<br />law. After the lopme of such thue as may be required by oppNcabe law, Trustee shall (give public notice of sae to the persons and in The manner
<br />by applicable kw. Trustee. without demand on Borrower, shall seal the Property al public auction to Ike hiskest bidder at the time
<br />MM place MA under the term deelpailed In the notice of risk In one or more parcels and In sash order as I rustre may determine. 7 ruster ran)
<br />PWIPOW "k Of ON of any Pulled of The Property by public aanoumvmeat at the time mad place of any previously vebrdufrd sae. I ender
<br />or
<br />Lender's the Property at any sale.
<br />Upon revelpf of PSYMMi of Oft Price bid, Trusts shall deliver to the purchaser I rustec'A deed convo Ing the proprrev %old, l'he recitals in
<br />the T ,s fenfe ev ' of Ilac Iry III of the statements made therein, I ruslee %ha)T RPVIY The proceeds of the vac In Ike
<br />faffealloll Order, (a) to costs sad @xp#,Mn of the sale, Includialt, but not limited to, '1'rustan's frest of not More than
<br />of t a 's fees sad rosin of title evidence: (b) In all auras secured by this Deed of f runt; and ice the evctws, it
<br />any. to Ike Person or partana legay, eaaile d theme.
<br />19• 'A Riot te Rdmate, l.enllCl Fick Clt'IiH; ion, lf ehP t {Inl4 let nff'll h \'i Ili, lit t'41 „1 it it, l tit,tt tH44II I11te
<br />the eight 11, have any prnL'.Ci'.dn heit,Un Inv Lendel fo enfime till, I k- J „I 1111,1'11ll"n11t;1ird at am IltHlf JIM �,, I!tt t S'� i 1 I. - III 0v) nil,'
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<br />flftlt,lav "me the Selo of the Property )itit9Hlant In the talwel rat wilt Ct,ntatlnwd III 11114 I?md'It T I nil IH earl call, 11_ It ,I114uc111� ih1.
<br />t st 0 1 m 0 (At lfnrrower 1mv4 Lando all, warm+ Mil, 11 would t'•: torn d114' ! nwfrf Iii, 1Yvd nl 1,"o ", ',II ..., , v.nmlo 1 ulna'
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