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VVc OVU
<br />by this Deal of Trust immediately prior to the date of taking bears to the fair market value of the Propcny immediately prior to the date of
<br />taking. with the balance of the proceeds paid to Borrower.
<br />If the Property is abandated 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, Leander is authorized to collect and
<br />app'.y the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Decd of Trust.
<br />Unless I estder 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 />ls, Dattam Not Jbinaei. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />granted by Leader 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. Latda 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 Dorrower's successors in interest.
<br />It. Fsrbearsatee by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shallow be a waiver of or preclude the exercise of any such right or remed . The procurement of insurance or the payment of
<br />taxes or other Gene or charges by Lender shall not be a waiver of Lender's tight to accelerate the maturity of the indebtedness secured by this
<br />Deed of Trust.
<br />112. ]kmetYett Citedndve. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of Dust or afforded bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13. Successors and Assigns bound; Joint and Several Ushilky; Captions. The covenants ana agr.-ements 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. Ali covenants and agreemeats 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 hr.. eof.
<br />K Notice. Except for any notice required under applicable law to he given in another manner, (a) any notice to Borrower provided for to
<br />this Deed of Trust shall be given by mailing such notice by certified mail addressed to Forrower at the Property Address or at such other address
<br />as Borrower may designate by :notice to Louder as provided herein, and (b) any notice to under 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 givers in the manner designated herein.
<br />15. Uatilora Did of Trusq Governing Law-, Sevetabli1q. This form of deed of trust combines uniform covenants for national use and
<br />nom- 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 Trost or the Note witic} can be
<br />given effect without the conflicting provision, and to this end the pro, lions of' he Deed of Tntst and the Note are declared to be severable.
<br />16. Darrower'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; Anoreption. If all or any pan 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, ib) 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 />ten Lender or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, ender may, at Lender's option.
<br />declue 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 We 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 Lrttder and that the interest payable on th ° ums secured by this Deed of Trust shall beat such rate as lender shall
<br />request. if Lender has waived the option to accelerate provided to this paragraph 17, and if Borrower's successor in interest has executed a
<br />written attumption agreement accepted in writing by Lender. Lender shall release Borrower from ail obligations under this Deed of Trust std
<br />the Note.
<br />If Lerida ntereises such option to accelerate, Lender shall mail Borrower notice of acceleration to accordance with paragraph 13 hereof.
<br />Such notice shall provide a period of not less than 0 days from the date the notice is mailed within which Borrower may pay the sutras declared
<br />dux. if Borrower fails to pay such sums prior to the expiratian 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 />IS. Acceleration; Reaw". FjwW as provided in paragraph 17 bereof, upon Borrower's brescb of any covengat or agreement of
<br />No now is ebb Deed of Trust, including the covenants to pay %bee due any soon second by this Deed of Trust, Leader prior to aecelerativs
<br />AM tad solicit to iserower as provided to paragraph 11 baeof specifying: 41) the breach; (2) the action required to cars sects ble';M&
<br />dale. snl Into toss M days from the date of notice it mailed to Borrower, by wbkb sects bracts lust be tared; and (4) &M fallen to care such
<br />bwssb an or before ttse toe specified is the notice any result in acceleration of the suet neared by this Deed of Trout and link of the Property.
<br />Tie node stsrr h wftw Melons 6eemsier of the right to reisotoe after acceleration amid the right to braes acorn action to semi the sos-
<br />eaistsste of a idols* a emy whew derma of borrower to secdendi n aad sale. if the bracts b cot tared us or before the dote spedfkd ie the
<br />sotlts,
<br />UNION` M ],wader's opting may dmdmv ail of the watt neared by this Deer of Treat to be immediately doe and psyabk without fortber
<br />deesM and my Isvobe the power of sak and any other rceedles permitted by applicable law. Leader shall be entitled Is collect ail reasomablr
<br />taato
<br />and espousing imesrrd is P the fersrMes provided in this paragraph 18. Including, but sot Hosted to, rwosabk attorney's fen.
<br />Ntbeltowor of ode is larval". Truske sball record a notice of default in cub consty in which the Prupe y or some pan tbereof is located
<br />and 00 tans copies of such notice In the conga« prewribed by applicable low to Borrower and to the other persons prescribed b) applicable
<br />low. After tilt Impar of sncb der as may be required by applicable taw. Trustee shoes give public sod" of wk to the persons mud In the raawner
<br />pteoerb,mi by applicable kris. Trusses. without desrad oa borrower. AM wil the Property at public outtloe to the blow bidder at the time
<br />aM pfisesand trttttlar the Mums dasisaaled Is the moiler of ode Ir one or more pa►ceh
<br />and is wait order as Trustee nay determine. Trustee rimy
<br />ponepow ask of its or ray penal of the Property by public asmosomowat at ibe time and place of may prevHtwdy scheduled ask. Leader or
<br />Larda'odalssae illy petrclsame Its Prop" l) N ray ode.
<br />Upon eeealpl M perawo of the price bid. Trans" &MN deliver to ibe purchaser I rumse's dad cooveying the Property wid. Tbr nc1tU6 in
<br />L_ foe Tf"w.0 dad ohms be pits. faek evidence of the truth of tore statenena made tberels. Truster sball appy the procerds of the oak in the
<br />fo/owMeg order: On) to all rmwmosNk cozens and expenses of the oak. including, but not linited ter. frtwta's tstev of o01 pore tlrs ap
<br />of the sew sale price, reasonable attorney's teem and coats of dik ev)denee: (h) to all sums %reared by ibis Iked of Trust; sod (c) the excess, if
<br />any. to for pang or per"" legally email ed tbemo.
<br />to. Sorrow"`% Right to Reinstate. Notwithstanding I ender', a,ceieratutn —I the rum•. 'e ur<d t,y th.+ i1mi rat 1 cum. tic ro.ef O:aii I'a'C
<br />the right to Nave anv ptocrcduy; heron by I -cndet tit rnfotce itu, Deal of tnt,t dttcontmt:ed at an, twiv prima !o'nr ratirrr o occur ,•i r> 1: 1(
<br />fifth day Fxfcxrt the We of the Propetty putsuaw it, the rniwrr of sail ,- mlivnrcl in tht. 1)eed'd I nn< M a ,udgrnrtu r111111, !I,.
<br />il"d of Trust it rat Borrower hay% I ender all ktrmw whte4 aid he men o„� .tides Ohl, Decd _ „si ?m `.oi and nri. 'vitutn,; _inao
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