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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 I and 2 hereof or change tbe amount of such installments.
<br />10. Borrower Not Released, Extension of the time ror 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 Jor
<br />payment or otherwise modify amonization 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 Lender 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-~yment:~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 indebt$ess secured by:tOO
<br />Deed or Trust.
<br />12. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or:remedy under. ~hiS
<br />Deed of Trust or afforded by law or equity. and may be exercised concurrently, independently or successively.
<br />13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein'con~ned shall bind,'-and:
<br />the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower. subject to the provisions of par.ap:h-17 ,-
<br />hereof. All covenants and agreements of Borrower shall be joint and several, The captions and headings of the paragraphs of this DeedofTrIIst
<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 p~o...idedJor~in-
<br />this Deed of Trust shall be given by mailing such notice by cenified mail addressed to Bl:lrr(twer at the ?roperty Address or at such other;ad~
<br />as Borrower may designate by notice to Lendtr as provided herein, and (b) any noti(t tc j "_ .,der shall be given by certified mail, retu.rD. receipt
<br />requested. to Lender's address stated herein or to such other address as Lender '? d~I.6.j1ate by notice to Borrow~r as provided herein.:_Any-
<br />notice provided for in this Deed of Trust shall be deemed to have b~ given to Bm rower or Lender when given in the manner desig(lated_herein.
<br />15, Uniform Deed of Trost; Goveming Law; SeverabUity, This rorm 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.'::rhis 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 />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. Tnansfer of tbe 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 />tenam 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 sale or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that the credir-oi
<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 ratc as Lender shall
<br />request. If Lender has waived the option to accelerate provided in this ~Jagraph 17, and if Borrower's successor in interest has executed a
<br />written assumption agreement al.'Ccpied in writing by lender, Lender shall release Borrower from all obligations under this Deed of Trust and
<br />the NOle.
<br />If lender exercises such option to acc-elerate. Lendtr 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 dale 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 permiued by paragraph 18 hereof.
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<br />NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration; Remedies. Except as prOvided in paragraph 17 hereof, upon Borrower's breach of any covenaot or agreement or
<br />Bonower 10 tbls Deed of Trost, locludlng the co.enants to pay wbeo due any sums secured by tbls Deed of Trost, Lender prior to a<eeleraUon
<br />sball mall ....ti<o to Borrower.. provided In panograpb 14 bereof specifying: (1) tbe breach; (2) !be aclion required to cure sucb breacb; (3) a
<br />date, not less tban 30 days from tbe date of nolice is mailed to Borrower, by wblch such breach must be cured; and (4) lbat fallure to cure sueh
<br />breach on or before lbe date specified in !be nolice may result in acceleralion of ~be sums secured by this Deed of Trost and sale of tbe Property,
<br />The Dotia shall further inform Borrower of tbe right to reinstate after acceleration and the right to bring a court action to assert the DOO.
<br />existence of . default or aD)' other defense of Borrower to acceleration and sale. If the breach is Dol cured on or before the date specified 10 tbe-
<br />oolice, Leoder at Leoder's oplion may declare all of ,be sums secured by 'his Deed of Trost to be Immediately doe and payable without further
<br />demand and may invoke tbe power of sale and any other remedies permitted by applicable law. Lender shall be entitled to coUect all reasonable
<br />costs and expenses Incurred in pursu1ng the remedies provided in this paragraph 18, including. bUI Dot limited to, reasonable attome)"s fees.
<br />If (be power of sale is invoked. Trustee shall rKord a nolice of default in each count)' in which tbe Property or some part thereof is located
<br />and shall mail copies of sucb notice in tbe manner prescribed b)' applicable law to Borrower and to the other persons prescribed by applicable
<br />law. After the lapse of such time as may be required by applicable law. Trustee sball give public notice of sale to the persons and in the manner
<br />prescribed by appticablelaw, Trostee, wltbout demand on Borrower, shall sell tbe Property .t public auction to the higbest bidder .t the lime
<br />ud place and under the tenns desilnated in the notice of sale in one or more parcels and in sucb order as Trustee may determine. Trustee may
<br />postpone sale of all or aD)' partel of 'he Propeny by pUblic announcement at the time and pla\.'e of an)' p~yiously scheduled sale. Lender or
<br />Lender's designee may purchase tbe Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall dell~er to the purchaser Truslet"s deed conve)-'ing the Properl)' sold. Tht' recitals in
<br />the Trustee's deed sbaU be prima (ade e\lidfol"'t of the truth of the statements made therein. Trustee shall apply the procet"tls of the sale in the
<br />'oUawlDC order: (a) to.U reason.ble costs and nl)eoses of the sale,lneludlng. but not Umited to. Trustee's fees of nOI more than J'~M__. iJ!\)
<br />of the gr05S sale pricel reasoQable attorney's fees and costs or dOt evidence; (b) to aU s.um", St'cured b~i this l)eed of Trust; and (c) 'ht" eXl'es.s.. if
<br />an)'. to the person or persons legally entitled thereto.
<br />19. Borrowu's, Rigbt to Reins'ate. NutwithstancJing Lemler's uCl:t'h.'ratioB of the ')UO'1S -'c(ufcd by lrlb Deed \)1 lrtl::.t, BOff'L\\\-CI ,hall hil\ e
<br />the fight to ha\'c any proce~tlings ~gun by Lender 10 cnhm.'e (his Deed of 'flUS! tlhl'otltinuetl a! any lime prior I') the -rarhel In Ih":ur \ll (i) th\.'
<br />I1fth day before the s.ale of the Proper1y pursuant In the l'U)wer of sale contained Ultlm- Deed I,.l! Truil {)/ (Ii) ~'I1fry nl u jliJgnh'rlt enlor..:ing !hi~
<br />lked of Trust if: (a) Borrower pay~ Lender aU sum::;. whk,h wvuld he then due und.:"l ilw, fl-<'t'd \If l! U~:, tIlt' NOh: ;'\1l~1 HI'll', ,\:,YHnn~ Fnll!lt'
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