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<br />by this Dad 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 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 Dad 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 i and 2 hereof or change the amount of such installments.
<br />19. 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. Forbearance by Lem kr 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 />Deer! of Trust.
<br />12. Rnaedilm Camoladve. 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 Assigns Bound; Joint and Several Liabliity; 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 Borrowe 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 />arc 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 he given in another manner, ta) 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 he given by certified trail, 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 Dad of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />1S. Uniform Deed of Trust; Governing Law; Severabllfty. 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. Rorrower'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; Assumption. 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, 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 secur 1 by this Deed of Trust shall be at such rate as Lender shall
<br />request. If Lender has waived the option to acceierate 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 nonce is mailed within which Borrower may pay the sums declared
<br />die. 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 />1g. Adxelerativa; Remedies. Except as provided In paragraph 17 hereof, upon Borrower's breach of any covenant or agreeraeat of
<br />Borrower is this Deed of Trust, lecht "The covenants to pay when due any sums secured by this Deed of Trout, lender prior to acceleration
<br />Mall mall !Oder to Borrower as provided In paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a
<br />doe, not Isis thna 34 days from The date of notice is mulled to Borrower, by which such breach taus! be cured; and (4) that fallare to care such
<br />hfeaA on or before the doe specified In the notice may resale is acceleration of the suns secured by dale Deed of Trust and sale of the Property.
<br />The motive door forther largess Borrower of The right to reinstate after acceleration and the dal to bring a coot[ action to assert the non -
<br />niski se of a delfask or my olosr defense of Borrower to acceleration and oak. It The breach is not cored on or before the date specified in the
<br />notice, Lesdeir at Lender's opdon may declare art of ale sum secured by this Deed of Trust to be Immediately doe sad payable wilbotrt rusher
<br />demand sod may, Invoke the power of sale sad may olber remedies permitted by applicable law. Lender shall be entitled to collect all reasonable
<br />toms and eapoome Incurred is porsaiog the remedies provided to this psngropb It. including, but Dot limited to, reasonable attorney's fen.
<br />If the power of sak Is Invoked, Trustee shall record a notice of defau1T In cub county is wbkb the Property or some part Tbereof Is located
<br />and soar mar copies of sub satke In the manner prescribed by applicable tats to Borrower aid to lbe olber person prescribed by applicable
<br />law. Ater toe lopes of srch time as may be regale" by applicable law. Trustee sfmr give public notice of ask to the persons cad In the manner
<br />prssIl I by soprcabk law. Trustee, without demand on Borrower, shsr sell the Property at public sacdon to The highest bidder at the time
<br />and pNu and order the Micas designated Is The notice of oak In one or more parcels and in such order as Trustee may determine. Trustee may
<br />postpone teak of all or soy panel of tle Property by public announcement at the time and plan of any previously scbedoled sak. Lender or
<br />Leader's dmigase may porcbsm the Property at any wk.
<br />Upon de►vfp4 of payment of the price bid. Trustee shall deliver To the purchaser Trustee's deed conveying the Property sold. The recitals In
<br />the Trumse's deed 00 be prime Pack evideace of the truth of the statements made lbenNn. Trotter shall apply the proceeds of the sale in the
<br />(""in order: (s) to ON remoss w emu sod else of the sale. Including. but out limited to, Trustee's fees of not more ohms ------
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<br />of else grow stir price, reasonable attorney's fen sad costs of title rvidence. th) to all sums secured by this tkrd of Trost; end (c) the rscem. It
<br />soy. to the pereou of ts"Was kgally eodded ibemo.
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<br />f�. awrower's Right to Reinstate. Notwithstanding Linder'+ aecelcrau,al (it the ,ums eLuicd hs Ion l)tted of 1'nl,t, Nurrnwcr .hill h,nr
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<br />are right to have any proceedings began by I ender to rnforce rill, Ifecd of t nl,t dnaxltlnuecl at anM ten: perm to the earher It, o' cal "I (I) ;hr
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<br />fifth day helofe tote sale of the Properly flllrsuant ro the power 1,1 Male Lt,nlalllyd ill 0115 Deed ,,I I f u'l t,1 (II) enll\ �l it 'lldglnt ill villorl Ing 011,
<br />I:leed .,I rrusr if (a) 11—tf rover paYM I meter, all Mum, which mould he !hen d is indel 1111. I)recl 4 1 nl,l, 1 he `'tic and 11 "te, vkllrinp t uulrr-
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