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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 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 />10. Borrower Not Relessed. 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 Leader 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. Reene" Cemaladve. 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 Assign; sotlod; 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 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 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 />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 Dad of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Vatitorta Deed of Trust; Ooverniag Law; Severability. 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 />Trost 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 he 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; 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 safe 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 paraararih 17, and if Borrower's successor in mlerest has zcuted 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 NOIe.
<br />It 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 />due. If Burrower fails to pay such sums prior to the expiration of such period. Lender may, without further notice or demand on Lirrrrower,
<br />invoke any remedies permitted by paragraph 18 hereof.
<br />NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />Ill. Accekntiosr Remodiee. FAcepl as provided In paragraph 17 hereof, upon Borrower's breach of Say covemat or agr+remesl of
<br />Borrower is this Deed of Treat, iacluNeq the covenants to pay when due any sums secured by this Deed of Trust, Leader prior to secelention
<br />AM arW melee to Borrower as provided In paragraph 14 hereof specifying: (1) the breach; (2) the action required to care such breach; (31 a
<br />date, net ka them 36 days froot the dote of satire Is Mailed to Borrower, by which such breach most be cared; Sad (4) that failure To core such
<br />breach on or before lbe dose spsdfed to the satin may result in seeekrstion of the sums secured by" Deed of 'Truss and sale of the Property.
<br />The aotkn shay (wow feform Borrower of the tight to reinstate after accekration and the right to bring a roan action to oaten the non-
<br />existence of a dkfaek or my other defense of Borrower to Seceieration and sale. If The breach is out cured on or before The date specified in the
<br />soles. Leader at Lender's option my declare ail of the sums secured by this Deed of Trust to be immediately due and payable without further
<br />demand and alay lavoke the power of ask sad any other remedies permitted by applicable law. leader shall be entitled to collect all reasonable
<br />cash; and expenses Incurred In pailoWng the remedies provided is this paragraph Ig, including, but not limited to, ressItt"ble attorney's fees.
<br />if the power of seek k Invoked, Trustee shall record a notice of default In each county In which the Properly Of %oats psrl thereof is located
<br />rid do" mail copies of each notice in the manner prescribed by applicable law to Borrower and to The other persons prescribed by applicable
<br />low, After the laps of Inch tome as rely be required by applicable low,1'rustee shall Rive public Notice of Irk to the persons sad In The manner
<br />prescribed by tppYe" law. Trustee, without dkmamd on Borrower, shall sell the Properly It public auction to The highest bidder f1 the time
<br />and plan mad ever the tercet designated Is the cadre of Irk in one or more parcels and In such order as Trustee may determine. Trustee may
<br />pestpuw stk of on or any parcel of the Property by pablk announcement at The time and piece of any previousq scheduled link. Lender or
<br />1 carat's deslRaae easy purr bete the Property N ray Ink.
<br />L'poa rw#W of paygolso of file prev bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Propenv sold. Tie recitals is
<br />the Trollf"'t deed it" be priced lack still to of the truth of the statements made therein. Trustee shall apply the proceeds of the sale In the
<br />l.._ following order; (a) to all nlsoiMble costs and exPeam of The sale, Including, but not limited to. Trustee's fees of not more than
<br />of the gross wk price, reasonable attonsy's fees and costs of rllk evidence: fill to all sums secured by this Herd of 'I rued; and tcl the escess, it
<br />raty, to dbe person er pm eNr legally emtilldd thereto.
<br />19. Borrower's Right To RNmeble. Nodwithstandudg I endri', a[cch•rattIll O f f fir ,unr% sccuicd by it,,, lk-ad rat I ant, IIortnucr ,hall have r%
<br />the right to have any prrceedings begun by Lender to enforce this feed Of 1 +u,i thstonunucd at any little prior to tilt earhrt to o,Lut nl U) .'hv u�
<br />fifth day before the sale of the Property pursuant to file power rat •.etc ..mtanicd in this I)CM Of I?usi or (iijvrll(t ?.ttl ldNdWUlnL.aatur +nu ,I ++s
<br />Deed "t trust if fat, Iorrower pay% lender ail sum, whirl, would f,. Owl, dill under inu Irccd�t it e: j�`jyrl��rd n ,iyFsrciuutk . unr
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