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$5-° 004449 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 taking, with the balance of the proceeds paid to Borrower. 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 claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Leader is authorized to collect and apply the proceeds, at Laadw's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Udws Lander and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due daft of the monthly imtalmsM referred to in paragraphs I and 2 hereof or change the amount of such installments. ZL Donower Not Aelsaaad. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust grafted by leader to any successor in Internet of Borrower dull not operate to release, in any manner, the liability of the original Borrower and Borrower's sucomors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payommt or otherwise modify amortization of the sums secured by this Dad of Trust by reason of any demand made by the original Borrower and Borrower's uncommon in Internet. 11. fwbomma by Ldndw Not a Woly r. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law. shag not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other plan or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. 12. BoMelw Cmtmisller. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or afforded bylaw or equity, and may be exerdsed concurrently, independently or successively. 13. llseteson and AmWo New d; Jofa dad Seem LWilty; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective suecesaots and assigns of Lender and Borrower, subject to the provisions of paragraph 17 hereof. Al covenants and agmemeats of Borrower shall be joint and several. The captions and headings of the paragraphs of this Dad of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 14. Nader. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be given by nailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Leader as provided herein, and (b) any notice to Lender shall be give by certified mail, return receipt requested, to Larder's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be domed to have been given to Borrower or Lender when give in the manner designated herein. 15. Uniform Deed of Test; Governing Law; Savwsslif ply. This form of dad of trust canbim uniform covenants for national use and non - uniform covenants wife limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of 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 Dad of Trust or the Note conflicts with applicabk law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be giver effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared to be severable. 16. Borrower's CM. Borrower shall be furnished a conformed copy of the Nose and of this Dad of Trust at the time of execution or after recordation hereof. 17. Tnasfer of Me Pnpwty; Aanmp m. If all or any part of the Property or an interest therein is sold or transferred by Borrower without Leader's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust. (b) the creation of 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 tenant or (d) the gram of any lwseho)d interest of three years or less not containing an option to putchase, Lender may, at Lender's option, declare all the sums sawed by this Deed of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if, Prior to the sale or tratafer. Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of 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 request. If Leader has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has cNecuted a written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all obligations under this Dad of Trust and the Note. If [ender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice dull provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: _ - 1111. Ac+aiwmroa: Bom dlw. Eapp w rusiMed In pwagrnpY 17 besot, open No own's breaee at 2* '1 4,60 w °w8rseme l of Bor saw ' Mls Dud of TnN. Ise'dlag no eownsals N pap when Owe any dMd sdeMead by Mix Dust K Tstri, MsN o" ooNt M Reserswamp wviMd la pwagrs1, 14 border ItpwNylmg: (I) Me bedsei: (2) tee action fe4akst to care such breach; (3) a & t. NO km Nsso 39 dsp hats Mr dale of settee ls saw so so a a 0, by wiles snob boleti tasty be twad; nr (4) prat falan to ewe suet bfum* so or Minn Mr dMe spelled' Mrs tuft mar nest Is swflsruA of at same second by Mix Dead of Trust and asps of On rr"Wrty. Tbe angles disc fatless isNre s an nwww of tie ryM M tdhtsnw erne occalsrafte and die ftlet to being a newt acts- N exert do an- eMlsenw of a ddnM w so Nbr ddhod of Do Dow a swdwedes and aid. If due brsadi is as eared M err bNw - Ms time spot in in tie 0060. Lsdw a Umbel spin my davit err of fee dated secured by pals Dead of Tram N be hsuNiNdy doe red rats) wiliest furMw dwmd mat mar b"i w Mr Power M wk and cep fiber rdwad ss prmftd by opleobk low. Loodw dbeM be sodded N tellset all romom&k eels ant oxpa lmewroi' p sdit Md nos" p Hills f. dais pwagnN 18. Ise1 11 . bit sot lnfsed 10, rswaesabk soorsey's fees. M tbe pew of nk k'r.I a Trades dial ncwd s mfft of dotmk N owe gooey N wbki tee Pnprty w dove pat dlwsfr ls locaad red dml mW dsplw of swb Boma N Nor nwoow pns- 0 0 b rrlip", he law a om sow and w dw od w prawn Bowed by appmcmk 'w. Allan Nw blpu of neb dm as mar be raquiped by MlN 1 law. TnNw AM give PuM OWN of ask N tie pwfem sod in pro Manner pwdrNad b spplltabM'w. TreMw, wlbest dead so On vivivi deal wN the Props tty at PM& auction is dw higbnt bidder at the dare and pMw ad satyr Bow land duke Md M Me soft of ask Is am or wore l I I used 'such order as Trame msr tdtsrfstaI. Trusser may Poslpww sat of r w cry parted of do Pr"arly by pMblk as sssocano t at Me doe sod ph" or any pig 0600b st:betNad snk. Lester or Lsdw'd dm*m Nldp' Wdo Ibe Ptuprlr a in* wk. t1Pott ntrrlp N flans M or fte pole bpd. Trines AM delves to Me Pon chow Trmow's dead conveying Me Property said. The recitsb M Me TYMw's deed dud be piss fade rrlaaNee of Me *salt of Me slawseMa mate Mw dm. Trades es sbel aWy dw pnnaM or name ask is the L foMswlq «dw: W N till wmaosbM fwM ad eapww 64 Me ado. I@d"mg, bet MW NOW Ia. Trasser's lose of ant anon emu _J—__64 —_._ _R4 of d w M mls plan. rdawobk anepr's ho ad eosls of lade evideaccp M to el sown seem by ibis Dead or Tree; nerd (ct tie excess, if ar4. M Md patios w revenues IspaMy sodded Msrets. It. Bat r0ww'NOW OO NWN MM. Notwithstanding Lender's acceleration of Oar sums secured by this Deed of ( "rust. Horro%cr shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior m the earlier to mvur of ti) the: fifth day before the teak of the Property pursuant to the power of sale contaleted in this Deed of Trust of air) entry of a judgment cnfornna that Und of Trust if: (a) Borrower pays Lender all sums which would tar then due under this Decd of I rim. the Note and mints arvring I III trc R