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<br />by this Deal of Trust immediately prior to the date of taking bears to the fair market value of the Property immediatel Q02 with the balance of the proceeds paid to Borrower. Y Prior to the ate o
<br />taking,
<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 Lentil and Borrows 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 1 and 2 hereof or change the amount of such installments.
<br />10. Borrower Not RoleaASd, Extension of the time for
<br />granted by Lender to an s interest payment or modification of amortization of the sums secured by this Deed of Trust
<br />Borrower's successors In inter l ender shall not be required to commence proceedings tay manner, the liability of the original Borrower and
<br />Payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made bythe original Borrower against such successor or
<br />and Borrower's successors in interest.
<br />11. Forbearance by fender 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 />texts 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. Retaeessa CumdWve. 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. Skoeewn aced Assigns Bound; Joint sad Several tUMl
<br />the rights hereunder shall inure to, the respective ' gns of L The covenants and agreements herein contained shall bind, and
<br />hereof. All covenants and grower successors and assigns 1. Lender and Borrower, subject to the provisions of paragraph 17
<br />Agreements of Borrower shall et 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. Nutlet. 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 peed of Trust; Governing Law; SeveraWlfty. 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 Deal 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. Borrow'er'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
<br />without Lender's prior written consent, excluding (a) the creation of lien or encuemtbran a subordinate eto his sold
<br />eed of Trust, (b) the creation wof
<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.-,rcuted a
<br />written assumption agreement accepted in writing by Lender, Lender shall release Borrower front 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 the notice is mailed within which Borrower may pay the sums declared
<br />due. a Borrows 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 />18. Acceisndos; Re__U.. Ettcepl as provided in
<br />Borrower W it* Dead of Trust,1 PRY when due hereof, upon Be...'. Deed of of any ct »pant or agreement of
<br />so" too testers � the covenants to pay when dire say w� secured by 1� Dad of Trust, Lender prior to acceleration
<br />sutler Io Borrower ns provided IN paragraph 11 hereof specifying: (1) the breach; (2) the Action required to cure such breach; (3) a
<br />Rate' not kso tbar 30 days from the dole of eolke Is waited to Borrower, by which such breach must be cured. and (4) that failure to care such
<br />breach oft or before the theft spadfltd IN the notice may result in accekrstlon of the sums secured by this Deed of Trust And sale of the Property.
<br />The trod" 40 further hit"In ,Borrower of the right to reinstate After accri rAtfou mud the right to bring ■court Action to Wert the non.
<br />exirteace of a de8ttdt or arty other damn of Borrower to oceskmdon and sale. 1r the and th k sot cured on or color, the dare Specified m The
<br />la the
<br />uotice' I.esder N 1'rsdtr's optlos my decbre AN of the suss secured by this If 'be
<br />Trost to be 1
<br />AetuaM aai ewy Isvoht the power of eak And any other remedies Insisted Yet due and tmyAbk without further
<br />costs am expenses lWm cod Is permitted by applicable hew. Lender shall be entitled to collect All reasonable
<br />11 the parsulq rise sall r remedies provided is this paragraph 18, ineiudisg, but not limited to, reasonable attorney's fees.
<br />Power of sale s H node in The s shah record =bed of default in each county Is which the Property or some pert thereof is located
<br />and tAft n� copes of welt notice f• the mASaer preacrib,ed by Applicable law 10 Borrower and to the other persons prescribed by applicable
<br />low. Aft the Mpse of welt Wut ns eeay � required
<br />by applicable low. Trustee shall give public notice of sale t0 the persona end in the moaner
<br />fKhcr�ed by applicable low. Trusles, without deaund on Borrows, shall sell the Property at pvWc auction to the highest a bidder in at the time
<br />sal pines usi under do Una dealWNd In be notice of ask in one or more
<br />Pompons salt of all or may paretic of the pArcets and In such order As Trustee may delermlne. Trustee mn
<br />l s Property AY by public enaouncemcst at the time and plan of any Previously kAedukd seek. Lender or
<br />dafgtse say purchase the Property u any side.
<br />Upowt of psymnN of the price bW, 'frusta shall daliver to the purchaser Trustee's deed conveying the Property sold. I he recltah in
<br />fist Trnsler'® ie: ( ) toll r prhna fade costs a of the truth of the statements made therein. Trustee shall apply the proceeds of the see in the
<br />f 6rdtt: Ul Iw teMOyhk eosle atW eapensea of the sale. Including. but 601 limited to, Truslce'a fees of not more than }. ,
<br />Of I'tt groat raft , rsnsltMYie Ntarsky's fees aced cturis of "'It evidenre; (b) to all sums secured b) this Deed of 1'rwa1; and it'i the excess, if
<br />ANY' to IIK prNOp or p[rsosn kqM) stttltiN i1MtMO.
<br />Ins. 's Rapt le RNnsfale. Notwithstanding Lender's lu:voetat unt of the sums secured I,y tins I)et.d nl I rust. It, raw ens .hall )lase
<br />the right It) have any pirmeahrigs begun by I. ender to en fotee Ihls t)"d of 1 ruse 19iecuntinued at any sonic rear Iu
<br />fifth JAY before the sale of the Property Pursuant to the ix)wef (It sale contained n, tins Deed of Tr ust nI 1' the it rpidgi to ,n Ili nl lrr Ilre
<br />bred (if brush if: hat lkwruwer pays I emfer ell %unit% which would he Iheu due under lisle 1?red al 1 true �I ht, Irlti t teml�n�tra�n+ entrnrnrt tins
<br />c, ur)np I ut iuc
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