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00 UU45f)2
<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 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. Datewer Not Relemd. 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. ForhetaMer by Lander Not a Waker. 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 />Dad of Trust.
<br />12. Removes Comalblive. All remedies provided in this teed of Trust are distinct and cumulative to any other right or remedy under this
<br />Dad of Truest or afforded bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13. Seccemom mid Amps load; Joist ad 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 Dad 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 eq y grate 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 Dead of Test; CeverMlMg 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 Dad 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. So eve er'a 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. Trosafer of the Property; Amempdon. 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 motley security interest for household appliances. (c) a transfer by devise, descent or by operatior 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 Leader has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has ec«uted 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 la 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. I -ender may, without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph IS hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />19. Acederadoa; Remedies. t ttept as provided In paragraph 11 hereof, upon Bormwer's breach of any covenant or agreement of
<br />letrower is Ibis Deed of Trans, lneN/isg the coveaaats to pay *ben due say tams wand by this Dead of Trans, leader prior to acceleration
<br />shad 00 Modest to Berrewu sa provided he peragaapb 14 hereof specifying: 11) tie breach; (2) list action required To cure such breach; (3) a
<br />", out No thin 31 dM from the dole of notice is mailed to Borrower, by "Met' such breach noun be cured; sad (4) that future to cure such
<br />breach on or before the daN aI In is the notice nay saints b aeceleraUon of the srtreu sectrM by this Dead of Tract ad oak of the Property.
<br />The aodN sh" farther Wors Dereewer ON the right to reinstate after eccelerad" most the right to bring a court action to assert the non -
<br />e:risNSee of a ddsudt or my other defense of Rornwee to oeederadoo and ode. If the breach is not cored on or before the date specified In true
<br />notice, Leader M tander's option may dabre all of the seen secured by This Deed of Trust to be Immediately doe sad payable Millions further
<br />'NW may kwOW the power of Bak sd ony ether remedies permilkd by applicable low. (.coder stmt be entitled to crtUect all reasonable
<br />crew and emponort Warred N pe rssNg the eemadia provided to thin paragraph 18, lachalirb, but not United to, ortmoaabk attoraey's fees.
<br />If Ne power of Bak In faeehed, Tnwe 40 record a soda of default in tub county to which The Property or :arse put thereof is located
<br />aud *0 00 "Plan of nth SOON In the tanamer prescribed by applicable law to Donower sod to the other penoas prescribed by applicable
<br />Mw. Aher be MM W such those an may be required by applicable bin, Trasee slut give public notice of ak to the
<br />perross and in the Butner
<br />POK by applicable how. TreMAe, without demad on Rarower, shat sell The Property at public sorriest to the highest bidder at the time
<br />std piece w d vela die Nun dmpstad Is the nodes of ale IS use or more psreek and is sock order an Trustee may determine. Trustee me)
<br />postpone ale of BD or oq parotid of Ne property by 111064k sawmaeemeat al The time sod piece of any pnslowsly acbedoed ark. I.eater or
<br />L seder's dulpoe may p—hasst the Property at say oak.
<br />UPOS I IF Of POYM M Of the price hid, Trwlu slut deliver to The purchaser Trustee's seed conveying the property sold. The recitals in
<br />Ole Tnewast'a dad ehd be prime Pack evldeace of The truth of the statements Inside therein. Trwke shall apply The proceeds of the sale In Ibe
<br />L fdlswfgg weds: I@)#* all reamosabie cow ad eapeases Of Ike tads, Including, but not teolted to, Troatee's fees of not more than
<br />d tkst BosB oak /r1rst, ttaBOMSbk atlwMey'e (sew aMd costa M title erldeace; Ibt to all soins secured by this Deed of Trust: and (c) Ike rscess, If �►
<br />att�, ta due peewit K penoss kpsNy tatiOed Thereto.
<br />It. lorrowstr's Rlgltt N ittitu Ie. Notwithstanding Lender', acccletauon III tltc sums acv t d ry this I:ccd cat rtu,t, Ilt.trI -cr ,hall hasc r„
<br />the right to have any proceedings begun by tender cat enfor LC Ihrs (teed td 1 rtw ch,innttnucd m at t :utu 1-71,11 ;n the carhCr lit, nor set "t 11) the f
<br />fifth day refine the sale of the Pitnicily pursuant to the po%cr rd sale .cminlned :n'lu+ Dml n, I rust ter (n) cntrs cat a tudsrrcnc cnhsn J: )g (! r t f
<br />I%rcd of trust if`. (a) Ik"rower pays Lender till turns wht:h would he !Ilea due uucfr. till, lice, c,t l nest. �'u \o;;- and norv, 1r,u711)h I
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