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by this Deed of Trust immediately prior to the date of taking bears to the fair market value of the Properly 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 />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 1 and 2 hereof or change the amount of such installments.
<br />N. borswsr Not Admitted. Extension of the time for payment or modification of amortization of the sums secured by this geed of Trust
<br />granted by Lander 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 fticoll m 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. Forbannse by Leader Net a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shall trot 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. SomM o Cumulative. 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 by law or equity, and may be exercised concurrently, independently or successively.
<br />13. Ssoernars and Aadps Bound; Joint aced Several liability; Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shalt inure to, the respective successors and assigns of lender wid Borrower, subject to the provisions of paragraph 17
<br />hereof. Ali 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 under applicable law to be gi•,en in another manner, (a) any notice to Borrower provided for in
<br />this Dad 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 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 />15. UmKuu Dad of Trust; Governing law; SeversbiMty. 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 must or the Note which can be
<br />given effect without the conflicting provision, and to this end the prorisiors of the Deed of Trust and the Note are declared to be severable.
<br />IC Ba rewet a 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 Properly; Assumption. If ail or any part of the Properly or an interest therein is sold or transferred by Borrower
<br />without Lender's prior written consent, excluding 4a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the creation of
<br />a purchase money wcurity 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 er 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 he 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 sum, secured by this Deed of Trust shall be at such rate as Lender shall
<br />request. If Lander 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 Lerida exercises such option to accelerate, lender shall mail Borrower notice of acceleration in accordarice with paragraph 14 hereof.
<br />Such notice shag provide a period of not less than 40 days from the date the notice is mailed within which Borrower may pay the sums declared
<br />due. U Borrower fails to pay such sums prior to the expiration of such period, tender 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 />18. Aeedeadm-, Reme". Except as provided is paragraph 17 hereof, epos Borrower's breach of any covessnt or agreement of
<br />Borrower In this Dead M Trum. facInding the coveamu to pay wiles dire as► sans secured by tits Deed of Trust. Lender prior to acceleration
<br />AM me so" as berrowrer as provided is paragraph 14 bereof specifying: (11 the breach; (2) the cellos istmai ed to cue sseh breach; (3) a
<br />isle, not Into than 30 days from the date of notke is melled to Borrower, by which such bract most be carts; and (41 that faflrre to cure such
<br />bssneb as or before the isle specified in the Notice may fault is acceleration of the sum secured by this Deed of Trust and mile of the Propem.
<br />The mideo shall fan ua Inform borrower of the right to reismaie after acceleration sad the right to bring • court action to swat the non -
<br />Weissee of a d~ or any olber defense of rorrower to acceleration and oak. if the brash is not cared on or before the date specified in the
<br />shot, Les - 91 LImodia's o/tlen any dechare all of the um secured by this Deed of Trost to be Immediately dae sad pe)sble without further
<br />demand sad may Invoke the power of sale sad say other remedies permitted by applicable low. Leader slasp be entitled to collect ail reasonable
<br />coots and asperses West is psrwhg the rtemedies proNded IN thin peragraph It. Including, but not limited to, reasonable attorney's fees.
<br />If the peww of ask is Invoked, Trustee shad record a notice of default In each county is width the Property or some part thereof is located
<br />and slap sW egim of such notice Is the smaser prescribed by applicable law to Borrower sod to the other persons prescribed by appNcahk
<br />few. Alta the law of such time as may be required by applicable low. Trustee shall give public notice of oak to the persons sod In the manner
<br />pnselbed by applicable Isar. Tru mm. without dotmsnd on borrower, dell sell the Property at public eaetion to the highest bidder at the time
<br />and plow and ss/N dirt term designated In the Notice of oak In out or more parceh sad in such order as Trustee may determine. Trustee may
<br />pasom uk of act or My pareef of the Property by public asn"aten at at the time and place of any previously scheduled ask. Lender or
<br />tedues d@dBon may Isrrchsse dw Property at slay ode.
<br />Upus ell"W of psymst of lbe prhe bid. Trustee" deliver to the purchaser rrustee's deed conveying the Property sold. The milsh In
<br />tha Tnalue "s bed al" be prime rude evidence of the truth of the statements made rberesa. Trustee shag apply The proceeds of the !cork in The
<br />(=a order: (al to act rasosshk cow sad espessm of the seek, Including, but not Nmited lo, 'frwtee's tees of not more then '
<br />of Us pats link price, reemosable anorwey's fen sod costs of title evidence: ibl to all saws secured by this Deed of Trusl; sad 4c) the excess, if
<br />say, to the pawn or paesoos k0 ally eadded thereto.
<br />N. So owsr's Right to Reinstate. Not torn h%landtnw Linder', d1LCittAt1011 of the ,urn, le, "Ied h, Ihr. Deed of 1 nw, Borrower haiI ha,r
<br />the right to have ant, prcr::ceditiar belon by I. elldet 1f, CII I...LC. ih%, Deed of 1 r111: dllLIII lltnnCd At :ifl, 11MC l`Ilae1 1.. t11C CA111C! nip .I-W 'It (!1'hC
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<br />tlfth day utter the wit of the frerprrty pur,uant !it lite grwer of wale cnnlulrlcd ul lhtc Ik^ed o1 1,1w ", o'' roue of ;1 ludgmenl a lf"I' lliK 0—
<br />Ike(; c-f Trutt .t tai BUrrowet ps" I rndcl :fl) arm, .111, 11 w.lutd !` . Ihc❑ dui u!"ler !hi, Deeil •.I 1n'! !hr vat, wd I w-,
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