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"o-Y 00589.32
<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 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 />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Dad 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. Foebeartute by Larder 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 />Deed of Trust.
<br />12. Ross" 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 bylaw or equity, and may he exercised concurrently, independently or successively.
<br />134 Sueeesson and Assigns Bound; Joint and Several Liability; Captions. The � 3venants 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 agramdlits of Borrower shall be joint and several. The captious 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 given in another manner, (a) any notice to Borrower provided for in
<br />this Deed of Trost 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 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 />13. Uniform Deed of Trust; Governing Law; Severabllity. 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 />If. 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; 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 Dad 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 Iverson to whom the Property is a, !_,e 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 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 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 />Ill. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covessal or agreement or
<br />Borrower b this Deed of Trust, including the covenants to pay when dire any sums secured by this Deed of Trust, Leader prior to acceleration
<br />sW mug saydee to Borrower as provided In paragraph 14 hereof specifying: T1) the breach; (2) the action required to core such breach; (3) a
<br />doe, not leas than 30 days from the date of notice is mailed to Borrower, by which such breach mull be cured; and (4) thee) fallare to cure such
<br />branch on or before life dote specified in the notice may result In acceleration of the sums secured by this Deed of Trust and sale of the Property.
<br />The rooks shall further Inform Borrower of the right to reinstate after acceleration sad the right to bring a court action to sweet the non-
<br />esittleaee of a defadl or my other defense of Borrower to acceleration mad sale. It the breach is DOI cured on or before the date specified in the
<br />nstMce, Lender at Leader's option may "are all of the sums secured by Ihls heed of Trust to be Immediately due and payable without further
<br />dmmW sad MY invoke Ike power of seek sad any other remedies permitted by applicable low. Lender shall be en titled to collect see reasonable
<br />caw and expenses incarved In pursuing the remedies provided In this paragraph 18, Including, but not limited lo, reasonable attorney's fees.
<br />If life Power of ode Is lrvoked, Trustee shall record a notice of default In each county in which The Property or some Pori thereof Is located
<br />and shoed mall copies of suck notice In The manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable
<br />law. After the lopse of such Time see may be required by applicable law, Trustee shall give public notice of sale to the persons and In the manner
<br />ptMrrlbad by opplicaMe law. Trustee, without demand on Borrower, shall sell the Property at public auction to Ike highest bidder at the time
<br />and place and order the Iarsns designated in the notice of fink In one or more parcels and 10 such Order as 'ii ruslee may determine. Trustee may
<br />P004 ma seek lef all or say parcel of the Properly by pnblk announcement at the time end Were of say previously scheduled sale. Lender or
<br />Leader's /aalpee my purchase The Property of any sak.
<br />Upen "we* of payment of the price led, Troller shell deliver to The purchaser T•ruslee's deed conveyieg the Property sold. 1'he recitals in �1
<br />life Trustee's dead shall be prime tack evidence of life truth of the statements made therein, Trustee shell apply the proceeds of the %air in The
<br />following Order: (a) To all reasonable costs and expenses of Ike seek, Including, but not limned to, T7ustee'e fees of not morr than 3 a'e
<br />of the /rues fide PHee, reasonable attorney's fees sad costs of title evidence; oh) 10 all sums secured by Ibis lked of Trust; and tcl the excess. If t
<br />say, to Ill* person Or persons legally entitled thereto. tp
<br />lid
<br />H. user's Right lu RHtasUle. Nurwithvandulg Lender'~ dc, clef ill] on of the wn)s senurd by th1, Deed of 1' fill l, I'll toarr .hall hns<
<br />the right to have anv proceedutg, begun hY I ender to rntor,:r this Uced of I rust dis,+munucd of am urn, :•ni.. o+ the catrhet In nc, ur ,+t tat ;
<br />fifth day befnfe the kale of the Property pur,oant to tt,c power nl sale.raitatnell in this I)red „f I nP.t a -) Pnln of a 1u,igment ell I„r,inn th1.
<br />(Seed of Trrttl it (a) Borrower patis I cn;lct all snots mkt h would hr ;hen ,our ruder 1111'. 1)rell 0 1 n1.t 'he vote and nobs e, urnµ l lrw,
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