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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 [he date of
<br />taking, with [he 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 tails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized [o collect and
<br />apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by [his IXed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall no[ extend or postpone tht due
<br />date of the monthly installments referred to in pazagraDhs 1 and 2 hereof or change the amount of such installments.
<br />10. Borrower Not Rektteed. Extension of the time for payment or modification of amortization of the stuns secured by this Deed of Trust
<br />granted by Lender to any successor in interest of Borrower shall not operate to release, in any mamer, 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 rtfuse io 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 Bortower
<br />and Borrower's successors in interest.
<br />11. Forbefnna by Leader Nol a Waiver. Any forbearance by Lender in ezer©sing 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 [he maturity of the indebtedneu_ secured by ttiis
<br />Deed of Trust.
<br />12. Remedies Cnmflatlve. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Decd of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively.
<br />13. Saccarora and Amigm Board; Jolat and 5erenl LlabWty; Gptlons. The covenants and agreements herein contained shW,bitid;and!.
<br />the rights hereunder shall inure to, the reslteMive successors and assigns of Lender and Borrower, subject to the provisionsof:paragraph- l7;_
<br />hereof. Ali covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this,Ihed:of TiusE-
<br />arefor convenience only and are not to be used to interpret or define the provisions hereof. -
<br />1/. Notke. Except for any notice required under applicable law to be given in another manner, (a) any ntnice.to Borroweeprovided-form
<br />this I1eed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at the Property Addressor at sttdeother 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. wny-
<br />notice provided for in this Deed of Trust shall be deemed to have boon given to Borrower or Lender when given in the'^s~~ :desigttptEdherdn:
<br />I5. Udtorm Deed of Tnaq Goverdng Law; Sevenbltlty. This form of deed of trust combines uniform.arovenants.for national use a~-
<br />non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property: ThisDad: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 clauu 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-ea_ n. be
<br />given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are dedattd [o be-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 exeavtionot
<br />after recordation hereof.
<br />17. Trffefer of the Properly; Assumptlon. If all or any part of the Property or an interest therein is-sold or transferred-Tiy:Borrower-<::,
<br />without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate [o this Deed of Trust; (h)ahe creation.of -: -
<br />a purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation ofdaw upon the-death-cif 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 Lenderls~optioat~-
<br />declare all the sums secured by this Deed of Trust to be immediately due and payable. Lender shall have waived such opyon-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 agrament in wridng,that tiacredit of
<br />such person is satisfactory to Lender and that the interest payable on the sums secured by this Deed of Trust shall beatsuch rate as.LeMler shall
<br />request. If Lender has waived [he option to accelerate provided in this paragraph 17, and if Borrower's suvx^essor.in interest, has e.~ecuted 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.l4 hereof.:.
<br />Such notice shall provide a period of not less than 30 days Yrom the date the notice is mailed within which Borrower may pay, the:Sams.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 Bortower~
<br />invoke any remedies permitted by paragraph 18 hereof.
<br />NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: ~-~~~ rs x. ~~ ~~ ~ -
<br />18. Aceeknitoe; Remtdks. Eacept as provided in paragraph 17 hereof, upon Borrow'er's br~~.t~i'y,spy3or i of
<br />Borrower ie this Deed of Trwt, ioclndieg the covenants fo pay when due any sums secured by thk Daed of Twyy)¢.~t.~,
<br />shW mail notice to Borrower as provided if paragraph 1/ hereof speci[yifg: (1) the breach; (2) the x'tlon.~ to'ataaati.ireacY;' (~) f
<br />data not ksa than 30 days from the date of notce is mailed to Borrower, by whkh such bresch mast be rand; fad (O thft.tfBtlrcro-ate pcY
<br />breach on or befog the dak specltkd m the notla may resell if accelenUoo of the arms seawall by-IiisDecd of Trwt fed silent-tie;Piwpaly.
<br />The notice shall farther inform Borrower of the right to Mariate after accekntlof sad the right to bring • court nrtlw,to fsstrt Ute.foa-
<br />exisknce of a de[aalt or any other deteeae of lorrower to accekntlou and sak. If the breach Is fol cured on or 6efon the diteapeci/lad in:the
<br />notice, Leader N Lender's option may declare rU of the sums saured by this Deed of Tarter to be itfinedinWy dtre zed payable witho^eftttQer
<br />demand sad may invoke tie power of oak sad soy other remedies permitted by rpplinbk kw. Leader shall be efUlkd to Collect nB rauotmbk
<br />costs sad eapefses incurred in pursuing the amrdies provided in this paragraph 18, laciuding, but not limited to, reaeowbk attorney's tact.
<br />if the power of sale is involved, Trosta shall record • notice of de[ault iu each county io whkh the Property or some part thereat b lonted
<br />and shrtl maU copies of such nods if the mfaxr prescribed by applkabk Irw to Borrower aced to the other persons prescribed by appUrabk
<br />4w. After the btpse of arch Ume m may be required by appUabk law, Tracts stall give pnbhc notice of Bale to the pereone sad. if the manger
<br />prescribed by appUnbk law. Trnslee, without demand on Borrower, shall sell the Properly at pablk auctlon to the-highaf bidder at the time
<br />and plate and. under the terms deelgaated is the notice of sale in one or more parcels sad is such order as Trustee may determine. Troske may
<br />iwalpone.aak of all or soy parcel of the Property Dy publk announcement rt the Ume sill place of soy previously scheduled sale. Louder ar
<br />Leader's derigaee may purchase the Property rt any ask.
<br />Upon receipt of payment of the prke bid, Trustee shatl deliver to the purchaser Trusla's deed conveying the Property sold. 7'he rcN41e In
<br />tie Trueke's dad ahaB bt Prima fack evidence of the trotA of the atatemnts made therein. Trustee shall aPD1Y ibe proceeds of the sale in the
<br />following order; (a) to all rcuonrbk torts and expenra of the oak, includffg, Dut not limited to, Trosfa's tees of sot more than __~ _____°1o-
<br />of fie gross sale prke, rtnwubk attorney's fern sad cosas of tlUe evidence; (b) Io all soma saured by this Drell of Trust; and fc) the excess, it
<br />any, to the persaq err pcreom legally eadUed tiealo.
<br />19, Ibrtuwer`s Right fo Reimtats. Notwithstanding Lendtr's acceleration of the sums securtd by this lJeed ut Trust, Borrower shall have
<br />ttst nght ut Isave any proceetliags begun by Lender to enforct [his t3cetf of Tres. distnntinued at any time prior to the carYitr ro ucrur of {s) the
<br />fifth day bcfort the mice of the Prapetty pursuant to the powtr of sale comatned ut sh+s Decd of Trust ox its) tmry of a judgment rn furcvtg thu"
<br />Lk~ed of Tsusi t}: tai Borrower pays Ltttdtr ail sums whicR would bt thtn due under then 17etd of {'rust, the Note and notes ser.uring Future
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