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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 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 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 installmetlts referred to in paragraphs 1 and 2 hereof or change the amount of such instauments.
<br />16. Der rower Not Released. Extension of the time for payment or modification of amortization of the stuns 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 stuns 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. Forbsermus 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 hens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Dad of Trust.
<br />12. Remedies Caaobtive. Ali 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. Srecesoofs used Assigns Bored; ,lout and Several Usability; 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. Nogre. 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. Underes Dead of Trio; Governing Law; Severabiilty. 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 />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 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;cuted a
<br />written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Decd 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 stay, 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 />Ill. Acceleration; Reent". Facet as provided In paragraph 17 hereof, span Borrower's breach of any covenant or agreement of
<br />Borrower In 06 Deed of Trust, lacHing the covenants to pay when data any sums muted by this herd of Trust, Leader prior to acceleration
<br />sMp mM soda to Ilia owe an provided N 14 hereof specifying: (1) the breach; (Z) the erection required to cure such bralch; (3) a
<br />dm, out leas titan 30 days from the date of dotes is mailed to Borrower, by which such breach ntmt be cured; and 44) that failure to cure such
<br />branch on or ballets the daft spodfkd M do notice way result M acceleration of the susses secured by thin heed of Trust and seek of the Property.
<br />The motits sball fneNer Isflerm No not of the right to v SO after acerkradoo and the riot to bring a court action to insert the non -
<br />ed a didba t of my odw defem of Borrower to acceleration and seek. It the breach Is amt erred on or before the dale specified to The
<br />node*. Lender a Lender's option sassy declare aB of the sump secured by this heed of Trust to be Immediately due end payable witbool fortber
<br />dsamd dad may invoke tie pon of cols sad any other remedies permitted by applicable law. [.eider Won be eM}tkd to collect all reasonable
<br />roan and expenses bertnred in ptlrnimg the Ieinedlee provided In this paragraph 18, Including, but ant limited to, reasionsiple attorney's it",
<br />It that paws of sale is hwlebed. Tel on slaag record a aotiee of default to each county M wbkb the Property or tat ome pant thereat is hicated
<br />sod AN MGM copies of sub No" to On manes prescribed by applicable low to Borrower act to the olllee pension prescribed by applicable
<br />low. After Wf lapse of web dot an (W be tvgvh ad by applicable low, Trustee a1M11 give pOk notice of sale to tM
<br />petsarav and In the mnoamr
<br />proscribed by pplissdfle law. To mse. wftb w1 Aet(pl I on Borrower, abed sell The Property at public auction to the Wittiest bidder at the time
<br />said Nape and seek- on terms dst 'm -- is uhf mode@ of wk in one or more Parcels, and in such ormer an i rratse may . ' matte may
<br />position self of ell or W pond M the Property by public announcement at the time sod place of any prevkrud) whrdukd std. I ruder or
<br />Lender's atmiplre (W fan'rnee N!! Perpfrly Ile any @Nat.
<br />Up" receipt allf payment of dw pet bid. To moot sW deliver to the purchases frusta's deed conveying the Property +add, flit recitals in
<br />flat 'frerp's did NNW be prbM (ad@ evidence of ion truth of the statements made therein. Troalte sball apply the pttreeds of the see In the
<br />follostift sod@@: (a) M aB tsrsanmble tatss awed Capievess of the seek. JAC" .trot not Nmlftd lo. Trustee °s fe rs of saN more than °a
<br />of the peas sale price, rnMeiM k aNletnsy's files aid costs of title tvidance; I h) to a$I sums muted by this Iksd of [rust; and (e) the crews, if
<br />W, to the parties or penntM Infinity ceded therein,
<br />19. Barret►H'a kigbttoRehistak. Notwii hounding I ender', it,,clet ill toll o; the sumv,CCUred its lit1^ Deed ('I I u=.l, fi„Ir+n+e'l s lid ll ll;e5<:
<br />lloe right In have Any (Kee di '
<br />� pt nga begun by l stealer 9.5 enforce mhms l�ee9 +�! ; ^ors¢ dledl511llnlarll am anY t11IlN pItUI I+ lit, ti. rr� uI .H nl the
<br />Iifth day Wore the %ak of the Ptapetty pursuant fro the power nl scale c+,auaotecl +t¢ ItnR PMl „f 1 "runt or In) a^nl;s o t a Irrdkmrnl rut ... +,o Iht.
<br />IP 1 M Irwo If rot) lsolyowtt PAYv lender all %urns which would fw Ihrit'l,te un.lef Ihta faced of I nI'I. the I ideas
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