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<br /> by this Dewed of Trtert 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 bat wce of the promeds paid to Borrciwet.
<br /> if the Property is abandoned by Borrcrnver. or if. after notice by Lender to Borrower that the condemnor offers to make an award settle n
<br /> dawn for damages. Borrower frills to respond to Leader within 30 days after the date such notice is aaailed, l.crtde:r is authorized to collect and
<br /> apply the proceeds, at Under's option, either to restoratiran or repair of the Property or to the sums secured by this Deed of', rust.
<br /> Ualess Lender and Borrower otherwise agree in writing. any such application of proceeds to principal shall not c xteW or postpone ra't•. due
<br /> date of the monthly installments rrferred to in para"hs I acid 2 hereof or diange the amount of such installments.
<br /> 10. Borrower Not Released. Extension of the time for payment or modirrzation of amortization of the sutras wured by this Deed of Trust
<br /> granted by Lender to any fuot=sor 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 eorntrerm: proceedings against such suemmsot or refuse to extend time; for
<br /> payment or otlmerwim modify amortiazition of the sums secured by this .Deed of Trust by reason of any d-mawid made by the original Borrower
<br /> znd Borrower's successors in Hterest.
<br /> I L Forbesrm" by Leader Not n Wslivtr. Any forbearance by Lender in exercising any right or remedy hereunder. ur otherwise afforded
<br /> by t,pp!icable lew, shall not be a waiver of or preclude the exarse of any such right or rrrr'.edy. The procuretnent of insurapce or the payment of
<br /> taxes o- othc; liens or charges by Lewder shall ntA be a waiver of lAzder's right to au:celerate the maturity of the indebtedness secured by this
<br /> Deeds of Trust.
<br /> 12. Remeilks C emulative. Ail remedies provided in this Dead of 'trust are distinct and cumulative to any other °ight or remedy under this
<br /> Decd of Trust or affo dad bylaw or equity, and may be exercised concurrently, independently or successively.
<br /> 13. Successors and Assigns Bonne'!; dolat and Sevexai I.laMIlty; Captloas. The covenants and agreements herein contained shall bind, and
<br /> the rights hcfct ndcr shall inure to, the respective succcs,.ors r.nd assigns of Leader and Borrower, subject to the provisions of paragraph 17
<br /> hereof. All covenants and rareements of &,)rrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust
<br /> are fot` convets cm-c only and arc not .e be used to interpret or define the provisions hereof. ~
<br /> 14. Notkr. Excrpt for any noticz rcqun ed under applicable law to he given in another manner, (a j any notice to Borrower provided for in
<br /> this Deed of Trust shall be given by mailing scach notice: 6; -ertifbtd mail addressed to Borrower at the Property Ada; ass or at such other address
<br /> as Borrower may designate by notice to Lender as provided herei;i. "d (b) any notiar to Lender shall be given by terrified mail, return receipt
<br /> requested, to Lender's address. stated herein or to such ocher address as Under may designate by notice to Borrower as provided herein. Any t
<br /> notice provided for in this Deed of Trust statli be de:Wmed to have been given to Borrows or Lender when given in the manner designated herein.
<br /> 15. Uzilforw Deed of Trust; Governing Law; Sevmbillty. This form of deed of trust combines uniform covenants for national use and
<br /> non-uniform covenants s*t:h limited variations by juris'3iction to constitute a unifotm security instrument coveting real property. This Deed of
<br /> Trust shall be governed by the 1.'.w of the jurisdi--tion 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 eft alt 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. Sorro,rver'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. "fratufer of the Property; Assumptlon, li all or any part of the Property or an interest therein Ii sold or Em"ISfcrred by Borrower
<br /> vithovt L-ndcr's prior er,itten consent, excluding (a) the creation of a lien or encumbrance subordinate to this Cxed of Trust, (b) the creation of
<br /> a purchase r-ioney svzir ri;y interest for houu:hold Appliances, (c) a transfer by devise, descent or by operation of taw upon the death of a joint
<br /> tenant or (d) , is grant of any leasehold interest of three years or less not containing an option to purchaic. Lender may, at Lender's option,
<br /> declare all the su.nt,. se -cured by this Deed of Trust to be immediately due and payable. !.ender shall have waived such option to accelerate if,
<br /> prior ;o ,thc sale 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 p-,rsnn is satisfactory to Lender and that the interest payable on the sums secured by this Deed of Trust shall be at mzh rate as Lender shall
<br /> request. If Lender has waived the option to Accelerate provided in this paragraph 17, and if Borrower's successor iu 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 `.otc.
<br /> It Linden exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in acrcrdance with paragraph 14 hereof.
<br /> Su h notice shall provide a pcriod of not Ica than 30 day-. from the date the notice is mailed witnin which Rorrowcr may pay the sums declared
<br /> due. If Borrower fails to pay such sutras prior to the expiration of such period, Lender may, without further notice or demand on Borrower,.
<br /> invoice any rcmedies permitted by paragraph IS hereof.
<br /> NONAINIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: t,0r.11-strict $NAM
<br /> 19. Accelernition; Remedies. Except as provided In pansgrapb 17 hereof, upon Borrower's ;;IV. or the t of
<br /> Borrower in this Eked of Trust, indading the covenants to pay when dare sal sams we" by this Daud o twat. , don
<br /> shall wall notice to Borrower as pmvlded in par graph 14 hereof spedfylt:: (1) the breach; (2) the action required to cure such breach; (3) a
<br /> date, oot less than 30 days from the date of notice Is mulled to Borrower, by which such brest-h must be cured; and (4) that failure to care such
<br /> breech on or before cb:,late specified In the notice may result In acceleration of the sutras securer! by tUs Deed oC Trust sad We of the Property.
<br /> The notice shalt fusttaer Inform Borrower of the right to reinstate after acceleration and the right to bring a court action to asserl the nvn-
<br /> eatstence of a deflu'd or any other ekiense of Borrow%v to acceleration sad salt. If the breach Is act cured on or before the date specified to the
<br /> notice, Leadrr at a,eudcr's option mscy declare all of the stuns secured by this Deed of Tras1 to be Immediately due end payable without further
<br /> deimand juW Wray Invoke the powor of sak sad any onset rr ocdks permitted by applicable faw. Leader shed be entitled to collect all res s-mabee
<br /> costs ■nd expraw,, Incurred In pisrsalag the r zwdks provided to ibis paragraph 18, Including, but not limited to, reasonable rttomey's fees.
<br /> If the. pr,wer v leak Is iwvoked, Trustee shall record a rinfice of default !u esecb county to which the Property or some part thereof Is located
<br /> aad shall yell cop:et OV such notice in the mrurtrar prescribed by epptkxble law to Borrower and to the other pempas prescribed by applicable
<br /> law. Aftrr the lapse if such flute as way be required by applicable haw, Trustee shall give public notice of salt to the persons and in the meaner
<br /> pr+escribcd by apple esUr law. I ustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time
<br /> haul plane and ender the term designated in the notk-2 of salt in one or mom parcels and In such order = Trustee may delemkie. Tntstee may
<br /> postpone sale of all or any parcel of the Property by l ublk annoancensent et the time end place of asy previously scbednkd sak. Lender or
<br /> Leader's designer treat' purchase the Property at any salt.
<br /> Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property told. The recitals is
<br /> the Trustee's deed shall be prime facie evidence of At truth of the statements made tbererla. Trustee shall apply the proceeds of the sale in the
<br /> foilowia j order. (a) to all reasonable costs and euxoses of the ale. indu&ng, but not limited to, Trustee's fees of not tuner., thin
<br /> of the 9tv" We pricy, reasonable attorney's !-:s and costs of title evidence; (b; to All stems secured by ibis Deed of Tras4; sal (c) the excess, If
<br /> any, to the person or persons legally entitled fbrrelo.
<br /> 19. Horrower's Bight to Reinstate. Notwithstanding Le w rf's acceleration of the sums scrum' by this feed of'Trust. Borrower shall have
<br /> the riplt; to have any proceedings begun, by Lender to enforce this Deed of Trust discontinued at anytime prior to t!re earlier to occur of (i) the
<br /> fifth day l7tfore the sate of the Property- pursuant to the pov.er of We contained in this Deed of Trust or (ii) entr; of a judgment enforcing this
<br /> :keel of Trust if: (.i) Borrower pays Lender all sterns which would be then due under this Deed of Trust, the Note and notes securing Future
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