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<br />by this Deed or 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 Ihe 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 lWJte an award or settle a
<br />claim ror 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 olherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the ciue.
<br />date of the monthly installments referred to ill parag,'aphs I and 2 hereof or change the amount of such installments,
<br />to, Borrower Not Released. 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 menner. the liability of the originalBorrowerand
<br />Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extellll timeJor
<br />payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made.by lbe original Borrower
<br />and Borrower's successors in interest.
<br />n. Forbeannce 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 ofinsuran<:!,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 indehtedness secured by this
<br />Deed of Trust,
<br />12, Remedies Cumulative, All remedies provided in this Deed of Trust are distinct and cumulative to any other right ouemedy under this
<br />Deed of Trust or afforded by law or equity, and may be exercised concurrently. independently or successively.
<br />13. Sua:essors aad AssI8ns BouDd; Joint aDd Seven! L1abUlty; Captio.... The covenants and agreements herein containedshaIlbinc4 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 ofthis Deed of Trust
<br />are for convenience only and are not to be used to interpret or define the provisions hereof.
<br />14. NotI....... Except for any notice required under applicable law to be given in another manner. (a) any notice to Borrower provided forin
<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 othetaddress
<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 Lend, .,y designate by notice to Borrower as provided herein. Any
<br />notice provided for in this Deed of Trust shall be deeme<! to have been!live." c,. ",mower or Lf,u<).-r when given in the manner designated herein.
<br />15, Uniform o-t of Trust; GovemiD8 La..; Se. .....liillty, This f,,' . '.Jf deed of trust combines uniform covenants for national use and
<br />non-unlform covenants with limited variations by jurisdiction to constitute a unlform 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 Ihe provisions of the Deed of Trust and the Note pre declared to be severable.
<br />16. Borro..er's Copy. Borrower shall be furnished a conformed copy o( the Note and of this Deed of Trust at the time of execution or
<br />after recordation hereof.
<br />17, Transfer 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', prior written consent, excluding (a) the ,reation 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. descenl or by operation of law upon the death of a joint
<br />lenant 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 />dedare all the 'ums 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 Iransfer, Lender and the person to whom the Property is to be sold or transferred reach agreement in wriiing 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 />requesL If Lender has waived the option to accelerate provided in this paragraph 17. and if Borrower's successor in interest has exeaued a
<br />written assumption agreement accepted in wriling by Lender, Lender shall release Borrower from all obligations under this Deed of Trust and
<br />Ihe NOle,
<br />If lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragrapb 14 hereof.
<br />Such notice shall provide a penod of not iess than 30 days from the dale the notice is mailed within which Borrower may pay the sums declared
<br />due, If Borrower fails 10 pay such sums prior to the expiration of such period. Lender may. withoul further notice or demand on Borrower.
<br />invoke any remedies permitted by paragraph 18 hereof.
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<br />NON-UNIFORM COVENANTS. Borrower and lender further covenant and agree as follows:
<br />18. A<<<ienJtion; Remedies. Except as provided In pal8lnpb 17 bereof. upon Borro..er's breach of any covenant or ...--1 of
<br />1Iorro~ in tbls o-t of Tl'lI8I. iodudi"lllbe <ov.....n.. to pay when dlK' any sums """ured by this o-t of Trust, LeIIder prior to acceleration
<br />sbaD mail notice to Borro..er as provided In pal8l1f8Pb 14 bereof spedfyln8: (1) tiu! bread!; (2) tiu! a<'JnB nqlllnd 10 core SllclI breadl; (3) a
<br />dale, not less than 30 days from tiu! date of notice Is maIJed to Borrower. by wbleb s""h breach mDSl he cured; aDd (4) !bat falllUe to <lire sudt
<br />"'-II 00 0.- before tile dale .pedfied in tile notice may resoIt in aaelerallon of lhe _ se<ttred by this o-t or Trut and sale of tiu! Property.
<br />The notlt:e sbaU fwtber inform Borrower of the ript to reI.....le after a<<elerallon aDd tile rlptlo brtna a <OUrt action 10 asserllbe nOD-
<br />existew:e of a defawl or aoy otller def..... of Borro..er to a<:ceienJllon and sale. If tile breach Is not cured on or hefore tiu! dale spedfIed in tiu!
<br />notice. Leader at Lendet.s option may dedare all of tile sums sec:ured by this o-t of Trust to he immediately due and payable w1t1lOllI furlIIer
<br />demaad IlIlCi lDay Invoke the power of sale and aoy olber remedies permllled by applkable law. LeDder sbalI be entitled 10 <oiled all reasonable
<br />costs aDd expenses ilKun:ed iB pursul"ll tile remedies provided In this Pllnllnpb 18. lodudlnll, but nolllJDiled to, ........nable attorney's f_.
<br />If the power of sale Is invoked, Truslee sbaU record a notke of default In eacb counly In wbleb tiu! Property or some part thereof Is !oated
<br />IlIld sbaU mall copies of .uch notice in the IIUUIlIer p.-rlbed by appIkable law to Borro..er aod 10 lhe other persons p.-rlbed by applkable
<br />1:", After tbe lapse of sllcl! lime lIS DIllY be reqll!red by app\la!bIe law. Trustee s!!all give publk: notke of sale to tiu! persons and In Ibe "",noer
<br />preserlbed by applkable law. Trustee. without demand on Borro..er, sbaU sell the Property al pubU< au<lIon 10 tbe b1lbest bidder at !be U_
<br />and p\a<e IliId uDder lhe lenDS dqnated in the noUce of sale In one or more parcels aDd In su<b order as Truslee lDay detennine. Trustee may
<br />postpone sale of all or aoy pan:eI of lhe Property by publtt announcement attbe U_ and place of any prevIously s<beduled sale. Lender or
<br />Lender's desIpu may pun:n- the Properly at any sale,
<br />Upon receipt of JHlymeot of the prk:e bid, Trustee sbaU deliver to the pur<baser Trustee'. deed <onveyinlthe Properly sold, Tbe redlJlls In
<br />the Tl'Wllft's deod sball be prima facie evidence of tbe Iruth of the statemen.. made lhereln. Trust"" slut.ll apply the pr....'Hds of llie sale In lbe
<br />followina order: (a) 10 all_able...... and expe_ of the sale, lodudinll. but not UDllted to. Trust..'. f_ of not more tban ..._5 _......,.'0
<br />of the ar_ sale price, reasooable attorney', f... and <os.. of Iltle evidence: (bl 10 all .Ollbl .ecured by this Deed of TnlSt: and (cl Ibe u...... if
<br />any. 10 the person or persons lepIIy eDlllled tberelo,
<br />19. Borrower's Rip<< to Rt"instak'~ Notwithstanding Lt'm1cr'~ ac-ce1erution (\1' [he sums se...:uroo by this Deed ul Tru:>t. Borro\\-~r shaH have
<br />ltte rigtH to !la..'t iUi.y pfocteding:;. hegun by Lender !,) enforce this l.)eed of TlUli( di.!,l.::uHtinul:u al any time prior to the earlier to lXi,.'UI of (i) the
<br />fifth d.ay before. the ~l1-1e of the Propc::rt)' pun.uant to the power of !>(tje comamt-d in thts l~d of frust or (ii) entry of a jUdgm(llt cn.tordng this
<br />r~e-cl o( t'ru.st jf. (~) Borrower pu,:-'\ Lendet all ~ums which would be then <lut' under dm Deed of Tmsl, the Note and. nott's ~er.:uring Futun;
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