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004529
<br />by this Deed of Trust immediately prior to the due 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 Leader 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 I and 2 hereof or change the amount of such installments.
<br />10. No -No Not Released. Extension of the time for payment or modification of amortization of the sums secured by this teed of Trust
<br />granted by Leader to any suocassor 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 stems secured by this Dad of Trust by reason of any demand made by the original Borrower
<br />sad Borrower's successors in interest.
<br />11. ForMaeMes by Leader Nets 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 />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. Resealing Cotiliative. 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. Sgeeoran and Assigns Baoved; JNot 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. AA covenants and agreements of Borrower shall be joint acrd several. The captions and headings of the paragraphs of this Deed of Trust
<br />are for convenience only and are dot to be used to interpret or define the provisions hereof.
<br />14. No". 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 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 DIN of Treat; Governing Law; Severahigry. This form of deed of trust combines uniform covenants for national use and
<br />iron- 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 Dad 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 effa-t without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />Its. Borrowers 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 Properly; Aawsetation. 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 ju
<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 stems secured by this Deed of Trust to be immediately dux and payable. Lender shall have waived such option :o 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 "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 exerciser 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. If Borrower fails to pay such stuns 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 />IL Aeedersden, Reseadlr. FAapt as provided is paragraph 17 bereof, upon Borrower's breaeb of any covenant err agreement of
<br />Nerower la Yin Dsed M TroN, haelaNag tM covenants to pay wisest dos any sosee suetad by Yis Deed of Treat. Lender prior to accekwtle t
<br />am Egos cosies to so on" as Pon in pnagtstpb 14 he to specifying: (1) the brash; (2) the action rregoired to care such breach; (3) a
<br />date, so lien than 36 days fuse the deft of nesi , Is mWbd to Borrower, by whkh such breach page be cored; and (4) that faNfr to care such
<br />I een A so or blow Ye chid spasINM Is Yes swelm am rm* in secrlerntinge of the a new by this Died of Trstst and side of the Property.
<br />The stoles 9" forYat hafors Norrower of Ye AIM to Moamar after accellerstlos and the rI& to bring ■ coast action to street The noo-
<br />aieMoes of a I 1 1- w testy odor defame of Dorrown m acceleration tend ale. If Ilse brash is net carted an or before the dfNe specified In the
<br />asides, leader of [Andres apdoo stay eleelare aid oR Yes sues anon/ by tbs Deed of That go be hoseeMaaly doe and payable without Ember
<br />demand and n ey avolte Ye power of sale and r7 with- rest" permitted by applIcaMe Mw. Leader AM be totNfed to colkie all reasonable
<br />easy and eapa Poem Ice 1 , Ye noaNba provided in dela pragre" 18. including. bet am limited w. reasosstble adorsey's fees.
<br />11 Ye power of spa k ievobsiC TrosMe el" rstag d a neudc, of defwlt got each cooaty Is which else Property or soar pan tbetreef s located
<br />and AM sstM copis of eels angles M Ilse asoanr pion by applicable low to Bat iswee and to the edger persona prrMbed by applicable
<br />low. Afkr On lit of anti Ilse r tarry be wglsnd b Mgo, a Ie low. Trogew shall give poW aegice of oak to the penosta and is the mower
<br />prae- NI by appMeabk Into. Treeless. wkboot demand an Borrower, shah rid Ye Property N PAW section to the Malwit blddr of the time
<br />and lien sod sort Ye Nrsa IsIBeaIN i. tN me" K ale lo over or care patrela std lamb orders Try nay delerodse. Trasset may
<br />pos" of ask of all or any pared of Ye Proper, b /+idle enoveoceseat at the doe and plan of orgy previously aehedWW sak. Lender or
<br />LeoM9 deelpr nay pverelssee sire Propwly N trey eak.
<br />Upoo nesW el psOMM of Ye price bid. Troetr elsall ddvw to the porchtaer Trostee9 deed conveying the Property sold. tie red" In
<br />Me TrAfte's deed 00 be prise trek s- Monte of Yee tray of the satesetats ride therels. Tteske d" oWy the proceeds of the sstie la the
<br />L foBowlttg «der (a) N aid msoaabk costa and aspann dN the sk, Including, bet net toothed to. TrwPoPs fee of sot secret �_3 _ _e e
<br />of Ye sine oak p Ate. ronsooebk stleeny'e fora sstd twin of fide evireaee; (b) to all saga sKeerd by this Deed of Trost; sod (N eta eater, if
<br />say. a On person er prena legally saMWd lbrego. r`
<br />19. So onto i Right bee Roioebk. Notwilhstanding Lender's acceleration of the sums secured by this Deed of Trust. Borrower shall have
<br />the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior to the earlier to occur of (i) the
<br />fifth day before the sale of the Property pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this
<br />Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under this Decd of Trust, the Note and notes securing Future
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