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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 />apply the proceeds, at Leeader's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust.
<br />Unit= 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 instalments referred to in paragraphs 1 and 2 hereof or change the amount of such installments.
<br />is. so *nse NN Rdo=W. Extension of the time for payment or modification of amortization of the sums 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
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<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. Forbaansree by Lasser Nets Waiver. Any forbea-rance 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 Trout.
<br />12. Romeo" Cumm dve. 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 bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13. Ssecemeen, ass Assigns !sass; Joint and Several L1sbiMtY; 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 Trout 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 Leader'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. Usifers Dead of Tned; Governing Law; SeverabilitY. 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. Treader of the Property; Aswmpdon. 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 doe 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%ecuted a
<br />written assumption agreement accepted in writing by Lender, Lender shall release Borrower from 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 IS 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 COVENANT'S. Borrower and Lender further covenant and agree as follows:
<br />it. Accderstim, Reasedies. Except as provided In p"Arapb 17 hereof, upon Borrower's breach of any co-saat or agreement of
<br />Borrower in Ibis Deed of Treat. lneladhtg the awvcm"b to pay when due any sum secured by this Deed of Trust, Leader prior to arcekcatios
<br />shsN sea soda M Borrower m provWW in paragraph 14 hereof specifying: (1) the breach; (2) the actioce required to cure such breach; (3) ■
<br />does, mot loss than 30 days from the date of Rorke is esnfkd to Borrower, by which such breach must be cured; sad (4) that helium to cure such
<br />. ' on or budget the does specified ht the notice MY result In acceleration of the suns secured by this Deed of Trent sad sole of Abe Property,
<br />The mad. shah fwd wr hdaeom ON on" of an right Io nissbte after wcelersdor red the right to brims a court sell" to assert the non -
<br />exis ease of a ddm& or my other tkfemse of Borrower to aecekestiom and sale. If the breach Is mot cured oa or before 16e dale specified In the
<br />modes, Leader of Leader's option My declare all of the suss secured by this Deed of Trot to be immed)slNy due and payable w11ho"I further
<br />demand sN My Invoke the power of ask ass my other remedies permitted by applicable law. Leader shall be entitled to collect all ressemobie
<br />calls and txpemsm tat"te"d N pvtdmg the rsasedks provided In tbls paragraph Is, including. but not limited to, reasonable attorneY's fees.
<br />If �e power of ask lo avabed, Trwlm sMN record a notice of default in each county Im which the Probe"Y or some earl thereof is located
<br />ass sMN so tapes of troth soda in the .summer prescribed by applicable law to Borrower sad to the other persons prescribed by applicable
<br />low. After the Impso of such dome m My be egvis by appNable low, insure shall give pmbbc notice of ask to the persons sad in the Mumer
<br />pognam by appkMk kw. Traslse, altho At tkmsd on Borrower, sited sell the Property at public asectlm to the highest bidder at the time
<br />and phsre and Mader the lotme dodem Bled he the notice of sale In ant or more parcels and in suck order so Trustee may detennime. Trustee may
<br />Poo"" sak of as or my prael of the Property by public poomncement at the time std place of any previously scheduled sale. Lender or
<br />Lemdev's iooipw MY I 1M Property oe MY sok.
<br />Upon rmeelpt of pmynW ed *a peke bed, Tewow shop deliver to Abe purchaser Trustee's deed coaveying the Property sold. T be "Thsk In
<br />L the TttMSe's deed *0 be prim rook s►hdmin of the truth of the statements msde therein. Trustee %ball apply the proceeds of the .,pie In fine
<br />fnMowfms order: (a) to ed nowsabk caste ass "poison of the sak, locluding, but mat if to. Trwler's fare of mot more then
<br />of lore pass sole pier, roaoomsbk sheraey's Hsu sod Cobb of dtk evidence; (b) to all was natured by this heed of 'Trust; and Ac) the excess, if
<br />pY, to file penes or person hgaMy emtided thereto, N
<br />H. Borrower's R*M N Refinetalle. Notwithstanding l.endet's acceiciaron of the ,ant, secured by ihi, !teed of (rust. Ml, .half halt 1
<br />the right to have any proceedings begun Ivy Lender to enintcc this Ored of I rust Jn;nntmned at sty timer nor ;r the c.0 her w .coot I n) ih.
<br />lifth dam hefote the We of the Property putsuient to the power of tale nmtdnied m this Ikrd nt Tru,i i w) Nvi, .y a mdttnicn' enter 'Ili, Un.
<br />1 )eeaf of Burt if cal lumower pay% A endet All gam, which would hr ;her, Jae under ah;. DCTJ or I n,,t, the '-I, .ail nrn„ --, mp I wan
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