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$7- 10077 <br />by this Deed of Trust immediately prior to the date of taking bears to the fair market value of iae 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 day; after the date s :c notice is mailed, Lender s autto tz d *.^ colt° . ere' <br />apply the proceeds, at Lender's option. either to restoration or repair of the Property or to the slims 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 clue <br />date of the monthly installments referred to in paragraphs l and 2 hereof or change the arnou tt of such installments. <br />10. 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 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 *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 />tastes 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 tills. - <br />Deed of Trust. <br />12_ Remedies Cumulative. All remedies provided to this Deed of Trust arediisrinct and cumulative to any other right or remeav unite this <br />Deed of Trisi or afforded by law or equity, and may be exercised concunetitfy, zuie- zetid�ttly or successively. <br />V. Successors and Assigns Bound: Joint and Several Liability; Captious, The covenants and agreements herein contained shall bind, and <br />.- the rights hereunder shall inure to, the respective succc& -ors and assigns of T ex — and Borrower. snbfect to the provisions of paragraph 3 * - <br />berecit. All covenants and agreements of Borrower shall be joint and several. Tice captions and head ngs of the paragraphs of this Decd of Trnsr <br />are for convenience only and are not to be used to interpret or define the grcoisKieshereoC <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 noti,,: 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 tbi any° ttcur-- to Leader snail be given by certified mail. r,mu __F <br />rcgsxsted, to Lender's address stated herein or to such other address as Lend- dray designate by notice to Borrower as provided hearin. Any <br />notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Leader w: ter+ given in the manner designated ;mein- <br />15. Uniform Deed of Trust; Goveruieg Lsw; Severability. This form of deer of heist combines uniform covenants for national use and <br />non-uniform covenants with limited variations by, itirisdiciJ to constitute a uniform security instrument covering real property' - This Decdof <br />Trust shall be governed by the law of the jurisdiction in whist the Property is located. in due event that any lrrovision or clause of tbns I7md Of <br />Trust or the rote _-orn is with applicable taw, such conflict shall not at or v: rni of Trtis Decal of Trust or lire cote why rya be <br />given effect without the conflicting provision, and to this end the provisions o€ ate Deed of Trust and the Name are declared to be sevx: able. <br />16. Borrower's Copy. Borrower shall be furt=shed a conforms: cxTy of the Note and of this Deets of Trust at the time of execution zit• <br />- -aftc recordat_on hereof <br />' 177. Transfer of the Property; .Assumption. if all or any par of be Propc—a cur a.-: tmerm thsen is sold or transferred *-y Bs ...rwxr <br />j S <br />?. <br />urea out Lender'; prior written consent. raciudirs Lai ate c cation e t a am cr*rc'- itb sac s nbe ciaase tt° it is Deed of T; =x. -bi ire ca ee z <br />ti <br />a purchase money sect. -its Interest for household appliances. tO a transfer ' y Jtvy; , $es�sstt or v <�yr at on f U. s cr == the den ' a i <br />tenant or (d) the grant of any ieasebold interest of three years or iess n. , zonuunang an aptioo To p•,r chase, lender ,day. at Lender z .- <br />. <br />declare all the sums secured iy This Deed of Trust to be immediately due and payaok. Lender strati have waived such option to voctierate :s, <br />prior to the sale or transfer. Lender and the person ter w hom the Prope^v' as to be sold err tratnf, eel .�h ague ement m wT tirrg that the a <br />such person is sari -anory to Lender and that the interest payable on. FrsmIt aecti *ea by h s Drxd of Trist shall beat si�a rate is i.ea€Sra <br />toque- if Lender iras w2iyed the option to a: rle€ate prow ded in _&s paragrairsa art.{ if Bur owes essor in rteeq. 'cat exeetin -_1 a <br />written assttr yen agreement a .epted in wr ling 2 y l:ender.. miler shall release Box -ov er x axi obliga €ions under the Deed of T rater arm <br />the Note. <br />If Lender exers's-es such option to accelerate. i.ender >hai: rna:a Borrows rjomcr :.f ac- t'rra_iin in ac�-ctdarice •wi =_h Mmgraph la he-*_e€ <br />?z <br />- �u(. -h tiPliaY �:s3 ;i P,ri"�c -�;.{ pt rend �! riot 'e,' t. *.an ti. ' at t rorr: K :: z.'r.:tte .... '. C4.i..: ...a_.,Pz; w ca- ..,,.. w,.,: : ^. B.� wC.r inn} �T'!rt Ect€u3 a "...:��� - - - <br />"due. if Borrower fails to pav such sums pn or "o the expira:i.. ', Mal, nLt--e o deems id _ _^, <br />" - - invoke any remediles ^ermi:ted IN paragralph I i her'eoi <br />NON-1- COVE`;A4TS: Borrower and t =4'47 fun-_- :. _. a... a= agre ='^mow= <br />" 18. Acceleration: Remedies. Except as provided in paragraph f' hermt upon Borrowers brrmeb of any covenant of agreement of <br />- Borrower in Ibis Deed of Trust, including the covenants to pay when due sax sans secured by €ids Decd of "Try, Leader prior to acceleration <br />.... <br />&ball mail notice to Borrower as provided in paragraph ii bereof speciiyiag: t 1) the bread; i.'i the action rimed in cufc such bttech; f3) a <br />date; not less than ail days from the date of notice is studied to Borrower, by winch such breach asst be eared; aced (4) that faidure to €see such <br />breach on or before the date specified in the notice may result in sorrettaati is of the slams secured by this Decd of Trost and sale of the property, - <br />- - Tht notice %bell farther inform Borrower of the right to r+etLStatir after acceleration and the night to being a Coati action to mmm the sere- <br />; <br />existence of a default or say other defuse of Borrower to acceleration and sale. If the breach is eat cured on or before the datelvecifiedl is the <br />not ice. Leader at Lender's option may declare all of the sums sensed by this. Deed of T►su to be itttmedlialety due and Pat, witioot fmtba <br />demand sod may iaroke the power of ask sad am ether rcmeares permuted by appiicshk law. Leader shall be taidded to collect an reasavile <br />-costs sod expenses incurred in pursuing the renwithes provided in this paragraph 18. including, but not hearted to. reasonable attorney's fees. <br />- <br />E 1f tht power of Sal! t3 mYOled. Trustee SUeU record i Hanc[ Uf deficit la rearb aunty is which the Prar(rerty art part therit'f i4 td{R #td <br />persons <br />and %ban a" copies of Such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable <br />_ - - -- - - - -- law, After the lapse of such time in may he requited by applicable law, Truster shall give pubis notice ref sak to the -pins is the wanner - <br />- <br />-. prescribed by applicable is.. Trustee. without demand on Borrower, shah seta the Prepeny at public suction to the bighes-i bidder as the - tugger <br />and place std under the terms deslgasted in the notice of sake in one or more parcels mad in smeh order as Trustee way determine, Trustee may <br />postpone sake of an or say parcel of the Propem, by public announcement at the Anse and pie of any previously scheduled sale. Leader or <br />feeder's designer may purchase the Property at ant sik. <br />Upon receipt of payment of the price bid, 'Trustee shall deliver 'to the psrc#aser Trustee'%deed conveying the Property soid. The - rentals in <br />_ <br />the T'aste's deed shall he prima facie evidence of the tenth of be statemrsis made - therein. Trusser shell apply the proce ds 4 the its'be <br />`"k <br />following ordet� tat to oil reasonable costs and erpemes of the oak, including, but not Bud" to. Trustee's fees of not more than ..rl; <br />1 <br />of the grass sale prier, reasonable attorney's lets and i "nSl*j of title rrtderrcr: ;tit to all saves secared b« nhi Deed of irort; sod tri the eaoresc, if <br />sni. to tin person to person* lesalh entitled therein, <br />M Birrrllwer ; alight to ltennstatr, 'tcrtwto:.arldmg +r ve: 4 d ='s:, oatuyn t - . f !1- _ <br />'. ,:.[ let;. "a.. -,t ,t y., e.q{Y.i .,�: i�t' ¥ ?e • ni .` :'Ltize2 :. .'.. !' _. !1e *. ;)t'!^.: _s ... r. ,..::Ci. o. 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