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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 Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust.
<br />Unit= Lander 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 />16. Borrower Not giskwd. 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. Forbearance by leader 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. Memo" Cmastdure. 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. Successors and Assigner Doand; Joint amd 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 !coder 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, fund (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 />I3. Uniform Deed of Trost; Governing Lw; Severabidty. This form of deed of trust combines uniform covenants for national use and
<br />ran - 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 effort without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />era. 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; Amompdom. If all or any pace 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 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 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. Lcnder may, without further notice or demand on Borrower.
<br />invoke any remedies permitted by paragraph Ig hereof.
<br />NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows.
<br />10. Aoralwntkrm; Mss". Except as provided In paragraph 17 hereof, upon Borrower's breach of any covemal or agreement of
<br />Do owes is tilt Dad of Toad, isaisding the covenants To pay when due any sums secured by 164 !Teed of Trust, Leader prior to acceleration
<br />eieB mead me" N Borrower an provided Its paragraph 14 hereof specifying; t 1) the breach; (2) the action reolube/ to cure such breach; (3) ■
<br />doe, cot has than M days from the skle of wake ls coned to Borrower, by which sub brash must be cured; sad (4) that faster to core such
<br />branch as se befrrre lifts desk specified Is the notice may resell Is acceleration of The sum secured by this Deed of Trot sod ask of the Property.
<br />The uo" 40 (wow ttemn Borrower of the right to rdsstak after accelendon and the right to bring • court actlon to avert the non -
<br />aistsoto of s oI snN or any other de(eme of Borrower to acceleration and sak. If the breech Is not curd off or before the date specified in the
<br />stooks. LesdM at Des tar's opdoe may declare all of the sums secured by this Deed of Test to be Immediately doe sad peyabk without further
<br />demnd sad nosy Invoke the power of seek and any other remedies permitted by applicable low, lender 0" be entitled to collect all rwonabk
<br />eels and npusm IncwM Is puowd" the moo" provided is lids paragraph 15, Including, bet not limited to, reasonable etloraey's fees.
<br />If do power of ale is invoked, Trustee slag record a notice of default In each county Is which [be Property or some part thereof Is located
<br />and ohs! sW septa of seek notice in the mow prescribed by applicable low to Borrower end to the other persons prescribed by applicable
<br />bets. After die kpe of sack done m may be required by spplicable low, Trustee shall give public notice of ale to the persons and In the manner
<br />on -, Ned by sppMesMe Isw. Trustee, without demand off Borrower, shell ssN lbe Property of pabMc auction To the bighem bidder at the time
<br />and otim acrd stebr an terse dsdgaaled In the sotlee of ask In one or more parcels and Is such order se Trustee may delermime. Trustee may
<br />poespens elk of all or try phrcol of the Property by public announcement at the time and piece of say previously scheduled oak. Lender or
<br />1 eeTdsr'e dorlgrae nay pnrelshse the Property N oy ak.
<br />Upon moslps of payment of the price bid, Trustee shop deliver to the purchaser Trustee's deed conveying the Property sold. 'flee recitals in
<br />L cite Troo a's deed sMM be prima fuck evidence of the truth of The stalasenbc made (herets. Trustee *Moll apply the proceeds of the It in the
<br />fookwisg otadon, ter) to all momatable costs sod tape"" of the sale. Including, but not tindled to, Trusim's fees of not more Than re
<br />of nun g os ale prier, reasonable adoruey's fen and cock of tide evidence; fbT to all some secured by took heed of Tro *t; and lei The exec*+. It
<br />soy. oe The psreoe o► psonoar NgsNy entitled tMreto.
<br />19. Mwrower's Pl oot to ""fait. Notwittwenthna (.ender', Acceleratnut of the runts'eutred hi fill, lyred of Truer. Nnrto-Aci hal! ha,c
<br />she riatit ut have nay pnx,eeding5 tgun by I.ruder In enforce !!era Ik^ed ui T+uSt d,u:ontmued a' tv» umr !vinr to the molter of ill the
<br />fOfh daY hefnre' the sale of the Pirnperr5 purttianI to the fxtwer r,l "'le cnn(amed 1n !his Deed ,+! Trust ,a .,u ruin .+I A ;udyinciit enlor.tt „i ?,
<br />L)eett of Trutt it a *f ikrrfuwtr Bays I t'odat all utrM *11151 wontti tlil then dur under Iht, tired .,I cram, !hr Notr And notes sr+uona trim.
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