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by this Deed of Trust immediately prior to the date of taking bears to the fair m 85-000 rr,, arket 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 installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments.
<br />10. Borrower Not Released, 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. Forbearance by Lender Not a Walver. 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. Remedies Cumulative. All remedies provided in this need 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 he exercised concurrently, independently or successively.
<br />13' Successors and Assigns 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 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 rn", return receipt
<br />noticrequested, 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 />1S. Uniform Deed of Trent; Governing Law; Severability. This form of deed of trust combines uniform covenants for national use and
<br />e
<br />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 tv severable.
<br />16. Borrower's Copy, Borrower shall be furnished a conformed copy of, ttie Note and of this Deed o! 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 .old Or transferred i- Borrower
<br />without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to chi; 1?eed c>f i ru ;; ; b ;the creation of
<br />a purchase money security interest for household appliances, (c) a transfer by devise, descent or by
<br />to to tton 9,t 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, .cadet may. at 1. each O a joint
<br />declare all the sums secured by this Deed of Trust to be immediately due and
<br />prior to the sale or transfer, Lender and the payable. 1-ender shalt have waidei# such i?ption to accelerzt: if,
<br />person to whom the Property is to be sold or transferred reach agrecine, ^,t 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 1'rust shall be at such rate as I_endea shall
<br />request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest ±;as -�un d a
<br />written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Deed of 1'rt=st and
<br />the Note.
<br />If Lender exercises such option to accelerate. Leader shall mail Borrower notice of acceleration in a%:cordance �►irh i�aragraph 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 stints declared
<br />due. if Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand can Borrower.
<br />invoke any remedies permitted by paragraph 18 hereof.
<br />NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as (allows:
<br />lg. Acceleration; Remedies. Except as
<br />provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement asf
<br />Borrower in this Deed of Trust, including the covenants to pay when due
<br />any sums secured by this Deed of Trust, Lender prior to acceirralion
<br />shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the action
<br />date, not less than 30 days from
<br />rrc{uired to cure such breach: (3) a
<br />the date of notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to curt such
<br />breach on or before the date specified in the notice may result in
<br />acceleration of the sums secured by this Decd of T'rum and sale of the Property.
<br />the notice shall further inform Borrower of the right to reinstate
<br />after acceleration and the right to bring to court action to assert the non-
<br />existence of a default or tray other defense of Borrower to acceleration and sale. if the breach
<br />Notice.
<br />is not cured on or before the date specified in the
<br />Lender at Leader's option may declare all of the sutras secured by this teed of 'Trust to be immediately
<br />demand and MAY invoke the
<br />clue and payable without further
<br />power of sale and any other remedies permitted by applicable law. tender shall be entitled to collect all reasonable
<br />cones sad expenses incurred in pursuing the remedies
<br />provided in this paragraph 18, including, but not limited to, reasonable attorney's fees.
<br />And If the power o; %Ale is invoked, Trustee shall record a notice of default In each county in which the Property
<br />'shall trail copies of such
<br />or some part thereof Is Ioe sled
<br />notice in the manner prescribed by applicable law to Borrower and to the other
<br />law. After the lapse of such allele as may be required by applicable law, '1'rusire
<br />prescribed by applicable
<br />shalt Rive public tr lice of sale tthrns
<br />Prescribed by applicable law. Trustee. without demand on Borrower,
<br />and shall sell the Properly at public auction to the highest bidder ahte the time
<br />Place and sander the term designated in the notice of sale In cite
<br />or more parcels and in such order as Trustee rnay deterrnlne. Trustee ntav
<br />Postpone %ale a! all or any parcel of the Property by Public announcement
<br />at the time and place of any previoarav scheduled .sale, bender nr
<br />I.e r'a designer MAY purchase the Property at may sale.
<br />UPOR receipt of Imyment of the price bid. Trustee shall deliver ic► the
<br />Iarar®:haae.r I ruslec's deed convr'ing the Properly sold, i hr. recitals in
<br />the frunate'• deed shall he Prima tack evidence of the truth of the %tatetnrnty trade ihrrein. Truster shall apply the pert s
<br />order. (a) all reasonable
<br />it the lair in the
<br />cerxtn sad expenses Of the %ale, including, taut not limited to. 1'rustet's fern cat not snore than �
<br />'It the gr( e,
<br />erf the are _ ,retie peke, reasonable mltorney'4 fees and car %t.% of title evidence; fbt ta,
<br />h
<br />an) , to ate arson or persons legally entitled thereoo,
<br />all voters secured by this abed cri 1 rust; and tc1 ter
<br />excrMS i t
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