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<br />005778
<br />by this Dead of Trust immediately prior to the date of taking hears 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 Lander 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 Center 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 />14. 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. 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. Faelsasnnoe y Lender 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 lions 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 />U. ilemediss Comilative. All remedies provided in this Deed of Trust are distinct and cumuiative to any other right or remedy under this
<br />Deed of Trust or afforded by law or equity, and may be exercised concurrently, mdependentiy or successively.
<br />13. Soccessors and Assigns Bossed; Joist 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 11
<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 he 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 Trout shall be given by mailing such notice by certified trail 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 Leader'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 shat! be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Usiforsh Deed of Trust; Governing Law; f3everabi8ty. This forth 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 />Trout shall be governed by the taw of the jurisdiction in which he 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 he 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. Ttssdw of The Property; Assumption, if all or any pan of the Property or an interest therein is sold of 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 join!
<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 whorn the Property is to }• sold or transferred reach agreement in venting 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 he 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 interesi has executed a
<br />written assumption agreement accepted in writing by lender. Lender shall release Borrower troth all obligations under this ]Deed of Trust and
<br />eke Note.
<br />If Lender exercises such option to accelerate, 1. enact 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 dare the notice is mailed within which Borrower may pay the sums deciared
<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 />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agrees as follows:
<br />16. Acceleration, Reined ias. FAcepl as provided in paragraph 17 hereof, upon ilornmvr's breach of any covenant or agreement of
<br />Nonuser is This Deed of Trust. Including the covenants to pay when due any sums secured by ibb Deed of Trost, Leader prior to sccelersuon
<br />shim rail satice to Borrower as provided in paragraph id hereof specifying: 11) the breach; (2) the action required to cure such breech; (31 ■
<br />die, nut has than M days from the date of notice is ass" to Borrower, by which much breach most be cured; pail (N that failure to cure such
<br />. A on or bdon the dote specified In the notice ray malt in acceleration of the sum secured by Ibis Dead of Tram sad ask of the Property.
<br />The sodas sill furdter hatore Borrower of the right to Mamie after acceleration sad the right to bring a corn action to assert the non -
<br />eaislsce of a d efanN or asy other defense of Borrower to acceleration sad wk. If the breach is sit cured on or before the date specified in Btu
<br />n- sit es, Imodar it Bwlsder's option may decinre all of the arm secured by lkis Deed of Trust to be ishshediutely doe and payable without further
<br />dsshasd and may Invoke the power of sale and any other remedies permitted by applicable Ism, Under %bull be entitled to colect all res oushic
<br />rams and espw incurred Is punddng the remedies privided is this paragraph 18, isciudiug, but not lisdted to, reasonable stmoran's fees.
<br />If she power of flak Is Invoked, Trustee shag record a notice of default in each county In which the Property or some part thereof is locus"
<br />and shah shall copin of web mother In the manner prescribed by applicable law to Borrower sad to the ashen penis prescribed by applicabir
<br />low. After the hrpr a of each Urine n any be required by applicable low, Trusser shall give pa of , notice of sale to the persons sod in The monarr
<br />preseslbed by ap Ncmb a low. Trustee, without demand on Borrower, %brit sell the Property at public sacton to the bighest bidder at the time
<br />a" pines and under the seems dn*n $W in the ""ice of ink is one or more parcels said is each order as Trustee any deteraaMe. Trustee may
<br />puNlpone oak of an ar may parcel of the Property by public annoupcemeut so the time and place of any previously scheduled ask. Lender or
<br />Bwadn'-• dwipw shay pis those the Property at may ask.
<br />tfpos ruvipl of payment of the price bid, Trustee ehsg deliver so the purchaser 'B russer's deed conveying The Property sold. The reclish in
<br />Me Trnsw's deed doll be prim facie evidesev of she truth of the statements made therein. 'I ruslee shall spply the proceeds of the yak in the
<br />fallowing asdrte: oo) to oil reasonable costs and expenses of the oak, including, but not limited lo, 1'rurire's fees of not more than v;n
<br />of she grain ask prior, raasoe"k stlurary'e fees and coats of title evidenc1; (h) to all sums wuied by ship Uerd of Trust; and (rf the rxcews, it
<br />nay, to this poison or persons lolly ealllird thereto.
<br />M. 111orriwar's llybi to krtsense Nw -it hnutrithng I elloet , il"Civ! ,I ot, ,, Itic suniti r wrd h% 1 rii I wvd o! I rutii lien t I -ci ,hall tiatt
<br />the right to have apv prnceedmits ¢mgun 0, 1.rnTirt u> enlorct (hi, Derd "l 1 li%1 dis.,a111:40d I" io:' i.h .hr earth 0 "I L'!
<br />fifth day ttef,"r. the :.air m the P,. :,pent/ i'rrrvuur) it, the towel "t 'alt "'whined n ;hl, 17rrd u! I'u'! ,:r ,.. 'nn „! ;i !udi;;nrw e.. _, ,rue yin,
<br />10ectl err f,u91 if in) Bol—vierr poly, I ndel ail wi,utr whr,h ar,nikl h, h ^n . -our •.,7r•, lit•r,l n., n v,!c u•nf urn
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