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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 sutras secured by this Deed of Trust.
<br />Unless Ldmder 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 />19. Borrower Not Refngd. 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 [trade by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Forbareace by Lender Nola 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 />Dead of Trust.
<br />12. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Decd of Trust or afforded bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13• Successors red 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 agreemepts of Borrower shall be joint ant several. The captions and Readings 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 />sis Borrower may designate by notice to Lender us provided herein, and (b) uny nonce 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 />IS. Uniform peed of Trust; Governing Law; Severabllity. This form of deed of true: 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 teed of'rrust 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; Assumptloo. 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 he 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 Leader exercises such option to accelerate, Lender shall mail Borrower nonce 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 18 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />III. Acceleration; Remedies, Except as provided In paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Borrower to this Deed of Tract, Including the covenants to pay when due any sums secured by this Deed of Trial, Leader prior to acceleration
<br />shot trail Kistler to Borrower as provided in paragraph 14 hereof specifying: Ill the breach; (2) (be action required to care such breach; (3) a
<br />doe. not kse than 30 days from the date of notice Is mailed to Borrower, by which such breach snug, be cured; sod (4) that failare To cure such
<br />breach ern err before the dale specified IN the notice may result IN acceleration of the sums secured by this Deed of Trust and sale of the Property.
<br />The aer'IF AWN further inform Borrower of The right to reinstate offer Acceleration sod the right to bring a court action to assert the non -
<br />eslnsate of m dl N* or may other defense of Borrower to acceleration sod sale. If the breech is Not cured on or before the rate specified in the
<br />mailm, (Rader at Leader's optlos my declare All of the suers secured by this Deed of Trust to be Immediately due sad payable without further
<br />efesnt ao 'MM may Invoke the power of oak Red any other remedies permitted by applicable low. Leader shall be entitled to collect all reasonable
<br />tow sod expenses Incurred Is parse ing The remedies provided In Ibis paragraph TI. Including, but not limited to, reasonable sttorney's fees.
<br />Of IW Power of silk is invoked. Trustee shall record s notice of default in each county to which the Property or some part thereof is located
<br />a ted AWN 111111 copies, of Inch "Offer in the manner prescribed by applicable law to Borrower 111411110 the other persons prescribed by Applicable
<br />law, Aber the Jape of sock time astray be required by applicable law, Trustee shall give public notice of silk to the persomr Red a the manner
<br />pretrerfhsd by applicable law. Trustee, without demand on Borrower, shag sell the Property at public section to the highest bidder at the time,
<br />sad pan and wader the terms dsrlpafed U The notice of 6910 in one or more parcels And In sock order as Trustee may determine. Trustee may
<br />pesNptsoe sak of all Of ally parcel of the Properly by public oeeouecemenl at the time end place of ■ey previously sel edeled sole. Lender ter
<br />lAwder's desftose may parekae Ike Property at say sale.
<br />UP" teesipt of payment of the price bid, Trustee shall deliver to the purchow Trustee's deed eonveyiag the Property sold. The recitAh in
<br />else Trnstse`s deed "be prima facie evidence of Ike truth M the staemenp made therein. Trustee %ball Apply the proceeds of The sale in she
<br />fullearks order: (e) to so reasonable costs sod expenses of the sale, Including, Out not limited to, Truster'% fees of not more thus .3 .
<br />Of the Its" ask peter, reasonable offorsey's fees led cusp of title evidence; (h) us all sums secured by this lifted of Trust; and (c) the recess, it
<br />ay, Iv the perssm of petsom kgagy entitled liureto.
<br />11. Borrower's Night to Reinstate, NntwithstancRnµ I ender'+ ,.celeration .d rile wm %,culled hs no% I)CeJ of 11ud, Botr,met ,hail h.,.
<br />.he right to have any pr(weedmgs taeaun by I entire to enforce this Deed of Ins'l diti.ontmued a: an, tune poor to the carpet t„ .rug „1 u) the
<br />firth day before the oak of the Prolwrr; pur %uanr to the po er o1 talc .00tantrd of 1111% hedf of Inav .,r rat} env% of a lodgment vulw :,;it, : t.;,
<br />I)MI irf fnuf .f 14) Igor tower pay % I coder all bun t% wIII, h would to •hen Joe .valet 11"' 1 eed `t I n..t tar N"IV anJ note. re�unnu I ra in,
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