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by this Deed of Trust immediately prior to the date of taking bears to the fair market value of the Property immediate) 85-.00154 7
<br />taking, with the balance of the proceeds paid to Borrower. Y Prior w the date of
<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 y notice is mailed, Lender is authorized to collect and
<br />apply the Pr, at Lender's option, either to restoration or repair of the Property or to the sus 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 referred to in paragraphs I and 2 hereof or change the amount of such installments.
<br />10. Borrower Not ill , -,1. 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 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- Forbanmm 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 er 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 Camubdve, 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 bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13. Soccenems and Assigns gonad; .Bohm, and Sever Liability; Captions. The covenants and
<br />the rights hereunder shall inure to, the respective the herein provisions cis shall bind, and
<br />pective successors and assigns of Lender and Borrower, subject to the provvisions 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 trailing 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 />13. Uniform Dad of Tram; IGo
<br />veraiK Val•: SevaabWty. 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 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 be severable.
<br />14. 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; Amomption. 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 o
<br />tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purrchase nLender may, at Lender's opt oin,
<br />declare all the sums secured by this Dad 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 tine 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 c',muted a
<br />written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Dad of Trust and
<br />the Note.
<br />If tender 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 18 hereof.
<br />NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />IS* Acesieeaden; Russ"' Except as provided 18 paragraph 17 hereof. u
<br />Borrower In thin Deed of Trust, imehding spun Borrower's breach of any covemot or agreement of
<br />the covegoIn to tray wines due any sums "cured by thin Deed of Trust, Leader prior to acceleration
<br />Won nuW notice to Borrower ere provided in paragraph 14 hereof sPecifyiog: I l) the breach; (2) the action required to cure such breach; (3) ■
<br />date, tcm Mss than 30 days from the date of notice Is ataUed to Borrower, by which such breach am" be cured; and (4) that failure to care such
<br />Mach on or before the date podAed In the notice my resat IN accelerath m of the sums secured by tide Deed of Tract and side of the Property.
<br />The aodae trhaR fgrthp ideas lorreni of the right to reinstate after aceekradon and the right to Ming o court action to at he the noo-
<br />atMace of • dot Le de's other ddeam of all of r to see filter
<br />and sale. If the breach Is our cored on or before the date spedfkd in the
<br />rodeo, Lender m Leader's option any declare erg of the suers secured by Ibis Recd of Trust to be immediately due and Payable without further
<br />demand and in" invoke the point' of ale and any other remedles permitted by applicable law. Leader shall be entitled to collect an reasonable
<br />cosy aid "Pecan Incurred In Parses the remtdln Provided in this PmlmPb 111, including, but not limited to, reasonable attorney's fees.
<br />It the panel of ame Is Invoked, Trustee shag record a notice of default In nick county in which the Property or some pmt thereof is logted
<br />� sl" � copka of such rtuotlre N the Numw Prncribed by applicable law to Borrower and to the olker persons prescribed by apptieab d
<br />low. Aftev lie lapse d web time us nary be required by applicable law. Trustee shall give public notice of sae to the persons and In the manner
<br />by applicable law. Tensile. without demand on Borrower, shall sell the Property al public auction to the highest bidder tar the 4,
<br />Nis 0 Md teener descanted in the notice of sale In one or more Parcels and In such order as Trustee may determine. Trustee may
<br />are of aN or MY pared of tie Property by public anmoumemeol at the time and
<br />Leader's deal"" "my parcham the Property at any elk. Must of any previously scheduled xak. Lender or
<br />UPON ►nic Of Pmymat of the pike Md. Trustee shall deliver to be purchaser Trustee's deed conveying the Property sold. The recitals in
<br />the'rrusteo's deed be prima fade evidence of the truth of tM statements made liberals. Trustee shall apply the Proceeds of the side in Ike
<br />failowisit order: (a) to ON rensoaabk cosy used expel of Ike sae, including, but not limited to. Trustee's fees of not more than .3 e;a
<br />of the grow ratio pries, re&NAW* attorney's fen and cosy of tick evidence; (k) ua oil sums secured by tbM Ilred of 'Push, and fc1 the excess. If
<br />my, to the P or pere®m kgaMy entitled tbereto.
<br />le• 's Right to RNMtaie. Notwithstanding lender's acceleration of the• sums secured hp this IhrJ of Trust, Hormwer shall have
<br />he risk) to have any proceedings begun by Lender to enforce this Deed of Trust dtsamtinucJ err anv nme pt n n the cathtr a, nicut rat (U the
<br />fiftb JAY before the sale of the Propetty pursuant to the power of sale contanted rat Ibis Ikcd (it rruse or tu) t•nrrc rat a ntJxnn•nt rntorrml; thus
<br />rk"41 art "trust if: (a) &xrower pays I..Coder all Mims which would he then due under ibis 1)eol ,I T7uH, the 'Vote ;nrd nnr. ,r, tit „ +c I I,iiire
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