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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 />I f 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 Deed of Trust.
<br />Unless Lender and Borrower otherwise agree An 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. Borrower Not Releani. 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 riot 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 mane by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Forbensace by Lender Not a lover. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shall riot 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 Cumulative. 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 bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13• Successors sad Ash 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 he used to interpret or define the provisions hereof.
<br />14. Nod". 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; Severabitily. This form of deed of trust combines uniform covenants for national use and
<br />m
<br />non - unifor 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 anv 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 feed 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 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 Tnisr 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 , :-cured 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 wiih paragraph id 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 mav, 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 />13, Aceelev : Ramadles. FAcept 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 to pay when due any %urns secured by this fetid of Trust. Deader prior to aeceleralian
<br />sltaa mesa t Oum to Borrower as provided In paragraph 14 hereof specifying: (h) the breach: 121 Ibe action required to care such breach; (3) a
<br />date. not Ims than 30 days from the date of notice is mailed to Borrower, by which such breach most be cured; and 14) that failure to care such
<br />breach an or before The date spscifled in the notice may result in acceleration of the same secured by this Iced of Trust and sale of the Pm
<br />The sh in forther lntorm Borrower of the right to reinstate after acceleration and Ike right to br! arty.
<br />e of a dtfaah or any other defer of Borrower to acceleration and sale, if the breach is of cured on ®r before the date specified In The
<br />Lender at Leader's option may declare as of the surm secured by this lived of Trust to he Immediately due and payable wllhout further
<br />demand and oly Invoke The pewee of ads and any orb" rcmwdks permitted by applicable law. tender shall he entitled let collect all reasonable
<br />costo and ex lacurrad la purNl*g the mmedks provided !o this paragraph 18. including, but not limited to, reasonablee afloraey's fees.
<br />It the Power of sale is love&". Trusilet shall record a notice of default Ira each county in which the Property of write part (hereof is Ilxated
<br />culshis of ama dfflkt In the manner prescribed by applicable law to Borrower and to the other persons prracrhbed by a isle
<br />law. After the lapse of such time as may be required by applicable law, I rusiet shall give public notice of %ale to the persons and in Ike manner
<br />by applicable law, T , without demand on Borrower, %hail %ell the Property at public auction 14) the highest bidder al the lime
<br />and place Will MM" the terms designated in the notice of sae in one or more parcels and In such order as Truster, may determine. trustee may
<br />vale of air or any PUCA Of the Property by public anaoanrement at the time and place of all Inealouaty ,. keJu6ed ;sic. !.iodic
<br />err
<br />1 s May Pnrc6me the Property at any note.
<br />I 'POO receipt of Payleat of the price bid, "frastee Khali deliver rn the purcka rr I ru ilee's (feed conveying the Prolwtit %old, f he rerilabe in
<br />'k B s deed PW be prima fade evidence of the fruit, o1 be statements made therein. I riolice shall apply the priKml% of the ,ale in Ike
<br />L f Andre: on) to MM rommnblt costa sad expe of The incfatling.
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<br />ealr, hul out limited lo, fruilf"'s lee!% of not more be u
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<br />Of t ik atlwtsry's fees and costs of title evldenir; Ilii to all sums secured by this fared of I rust; and let the estess if
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<br />saw. to t� err htytt�y entitled lkereho.
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