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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 falls 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 Leader'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. Leader 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 Lector Not a 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. Rome" Cumulative. 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 by law or equity, and may be 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 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 Dud of Trud; Govermbg Law; Sevenbility, 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. Transfer of the Property; Ammmptiom. 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, Leader 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 shalt he at such rate as Lender shall
<br />request. If Lender has waived the option io accelerate provided in this paragraph 17, and if Borrower's successor in interest has executed 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 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 sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph IS hereof.
<br />NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. Acedendiom; Rome". Patept as provided in paragraph 17 hereof, apes Borrower's brescb of any amemamt or agreement W
<br />Borrower hat Ain Dad of Trust. hrelaMag the covenants to pay when due any sins secured by this Deed of Ttwt, leader prier to acceleration
<br />shag call me" to Ba over as provided in paragraph 14 hereof specifying: (1) the breach; (2) the action rebaked to care such breach; (3) a
<br />data, not Ins than 30 days from the isle of malice Is nuaBed to Borrower. by which sack breach usual be cared; and (4) that fallare to care such
<br />breach on or before tie doe specified lathe motley may result In acceleration of the emus secured by this Deed of Trot and a nk of the Property.
<br />The moles shag ford bee Berm Borrower of the right to reinstate after sceeknid" and the right to bring a court wilom to avert The twrt-
<br />exWence of a defemil or any other Tefsra of Borrower to acceleration mad sale. If the breach is out cared on or before the date specified la the
<br />notice. !wain at Leader's option nay dnlare as of the urns secured by this Dead of Trot to be Immediately doe and pay" without further
<br />deans/ and slay lavohe tie power of sae and any other mot" peradlted by applicable low. Leader shall be estided to cogent sp reasonable
<br />cope all etlpan lot d lm pwstllag tie renodim provhkd Ice this paragraph Ii, imchMeg, bet mot gaited to, ressoosble attorney's tees.
<br />If that peen of ask Is lmvoiod, Tnow shot record • notice of default to each weary in which the Property or some part thereof Is located
<br />and sing 00 coplss of ttm b stotkt is the mummer prescribed by appileabk law to Borrower and to the other perwo prescribed by applicable
<br />haw. After tie cps of web tint an essay be nr aft by applicable law. Trustee shag give PEW notice of sale to the persons and In the manner
<br />presalbei by nppgabk law. Trustee, without demand on Borrower. shall sell the Property at public asxtlon to the highest bidder at the time
<br />and pea and NWW tie mans dodgmatod In the motley of sale In one or more parcels and In such order em Trustee may determine. Trustee may
<br />pMOpons mile of A or any pawl of the Property by public mwm emesl at the time sad place of any previously scbedoled sale. Leader or
<br />Leader's I Is may P mreimma the Property of any ask.
<br />Upan receipt oN Is 9 of the price bet. Trmset"deliver to the parchaser Trustee's deed conveying the Property said. The radials in
<br />the Trusme's did shat be primse fate evidence of the truth of the slawmeats made therein. Trustee shag apply The proceeds of the sale In The
<br />fogowbg order. (a) 164111 rsoommbe cold and expasn of lbe sak, Including, but not limited to. Trustee's few of not more than .3 .___rl•
<br />of on gran ask peke, reMOan a oterver's fore and costs of title evidence; (b) to alt same secured by this Deed of Trust; and (r) the excess. If
<br />any,10 the penes or panes kpgy oNsd tbersto.
<br />H. Borrower's Right to RelmNOt. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, Borrower %hull have
<br />the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior ai the earlier to occur of (il 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 'Lis
<br />Deed of Trust if: (a) Borrower pays Lender all sums which would he then due under this feed of Trust, the Noic and notes stx wring Future
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