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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 />r 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 />t 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 f and 2 hereof or change the amount of such installments.
<br />It. Borrower Not Rokso d. 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 ot`.c::-ise 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. Forbewmm 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. Reowdks Caeeativt. 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 by law or equity, and may be exercised concurrently, independently or successively.
<br />13. Succommo s and Ammign Bound; Joist mad 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. AEI 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 Dad of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />IS. Undom Dad of Trm; Governing Law; SeverabiNty. This form of decd 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 Doed of
<br />Trust shalt 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 />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Eked of Trust at the time of execution or
<br />after recordation hereof.
<br />17. Transfer of the Property; Asmmplion. If alt 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, ih) the creation of
<br />a purchase motley 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 Iess 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 />prier to the sale or transfer. Lender and the person to whom the Property is to be sold or transferred reach agreement to writing that the credit of
<br />such person is satisfactory to Lender and that the interest payable on the wets secured by this Deed of Truss 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 to interest has c-, - cured a
<br />written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Dew of Trust and
<br />the Note.
<br />If Lender exercises such option to accelerate. I ender shall mail Nirrower notice of acceleration to dcaxdance with paragraph 14 hereof.
<br />Such notice shall provide a period of not less than 10 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- L.INIFORN COVENANTS. Borrower and Lender further covenant and agree as follows;
<br />11. Acceleration; Revas". Except as provided is paragraph 17 hereof. upon Borrower's breech of any covenant or agreement of
<br />Defroutior Is thin field of Trust, faelaMa{ the coveaeub to pay when due any soon secured by ibis Deed of 'I'rual, lender prior to acceleration
<br />shog imM notice to Borrower as provided la paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such bench; 431 a
<br />deft, am less duet, 30 days frame the daft of notice is md8sd to Borrower, by which such breach mil be cured; and (4) that fdiure to core such
<br />breach on or before the daft specified is the notice nay radt in acceleration of the sum secured by this head of Trust sad safe of the Property.
<br />The malice shad further kdores Borrower of the right to reinstate after acceleration sad The right to bring a court action to mine" lite nos -
<br />ot a d dmdl or nay od w del~ of Borrower to merrkraties and suit. If the breach is not cured on or before the daft specified In The
<br />.methee, !.ender N Leader's option may decree sm of the sums secured by this Deed of Trust to be leeedately due and payable without further
<br />deamA MW may Invoke the power of oak mad any other remedies perMtted by applicable low. leader shall be entitled to coded sal resumable
<br />come nod estimates iscurred Is pnrstdag the reemedil m provided In thin paragraph 18, including, but not Medftd to, renamnsbk alloeney's fees.
<br />If tad power of sae Is Involved. Trwfte AM record a Police of default in each county in which the Property or some part thereof Its located
<br />sad *MR mM copies of web soda In the mmmw prescribed by applicable law to Borrower and to the other parrots prescribed by applicable
<br />low, Afar the apse of sech lime w nay be regv&ed by applicable aw. Truske shad give public not.:e of ask to the persons and in Ike manner
<br />promrUsid by ppMrNle awl. Trssim. without deemed on Borrower, shelf Bell the Property at public auction to The higbeel bidder et the time
<br />and pace sort soda the term designated Is The motice of resole In one or more parcels, and to such order ss ll ruslee me) drtrrelne. Trustee may
<br />poespow e of sad or may pared of The Property by pOW manomncemeat at the time and pace of any ptevlonaly scheduled sale. Leader or
<br />I micro's designee may Iwrchow Mme Property at any sole,
<br />Upon receipt of payment of tad price bad. Trustee deliver la the purchaser Trailer's deed convolag On Prt)Verty acid, i be rec Bahr in
<br />the T 's dad AM be prism lock eve of the truth of The slatemenh made therm". fast" sham apply the prtxeavlA of the sale In Ike
<br />,
<br />r order: (a) to sad teowmww coew cad expenses of the ask, Including, but not hm4Md to. Trustee's rtes of not more than 3 . I"
<br />W tad rim ndr pars. se fusy's (sect and col is of lick evitienve; ih) Ito all sums wcared by this Dred of I rust; and (ei the mire, If
<br />wy, to the, person of thereto.
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<br />me oaht t„ Issue, any (rmw"ltnat fwy,un by I endear to oolom(e tills DvV4 of I rota IIr" .. =ntinue,l At am 111e i•t na i„ ,IIV CAI be I„ ,,., u: of h ) the
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<br />rasa of Irust 4 4s) thrrrowee (lays I enefer ;ell ¢Lints .1m it woofd ita ihlen Am mdrt This iwcd „l I •.,�t, 01C g w .a ', . .,- ,):,ns, I utu,�
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