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<br />by tk;is 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's abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or setae 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 the amount 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 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 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 indebtedness 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 or remedy under this
<br />Dad 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 contained shall bind, 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 of this Deed of Trust
<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 provided for;
<br />this Dad of Trust shall be given by mailing such notice 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 (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 Tray designate by notice to Borrower as provided heeir,. Any
<br />notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated rein.
<br />15. Uniform Deed of Trust; Governing Law; Severablilty. This form 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. 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 dote conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be
<br />givers effect without the conflicting provision, and to this end the provisions of td e Reed 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 execurion or
<br />after recordation hereof.
<br />17. Transfer of the Property; Ass= tmption. 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, des=nt or by operation of law upon the death of a icdr_
<br />tenant 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 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 rte as Lender shall
<br />request. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in 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 Note.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleraran its accordance with paragraph 14 hereof_
<br />Such notice shall provide a period of not less than 30 days from the date the notice is mailej 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 ;nay, without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph 18 hereof.
<br />NON- UNIFOWNI 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 say covenant or sgreemmt of
<br />Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, fender prior to acceleration
<br />shall mad notice to Borrower as provided in paragraph 14 hereof specifying: tl) the breach; (2) the action required to cure such breach; (3) a
<br />dale, riot less than 30 days from the date of notice is mailed to Borrower, by which such breach mast be cured; and (4) that failure to cure such
<br />breach on or before the date specified in the notice may result in acceleration of the stems secured by this Deed of Trust and sale of the Property.
<br />The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the no*-
<br />existence of a default or any other defense of Borrower to acceleration and sale. if the breach is not cured on or before the date specified in the
<br />notice, Lender at lender's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further
<br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Leafier shall be entitled to collet' all reasonaWe
<br />coats and extreases incurred in oursulne the remedies provided in this paraa_raph 18, ttw wile?, but not H_mtroa to, e. agea.M..rtors.y'g r.T
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which the Property or some part thereof is loafed
<br />and shall mail 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 as may be required by applicable law, Trustee shall give public notice of sale to the prisons and in the manner
<br />prescribed by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time
<br />and plate and under the terms designated In the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may
<br />postpone sak of all or any parcel of the Property by public announcement al the time and place of any previously scbedoW sale. Lender or
<br />Lender's designee may purchase the Property at any sale.
<br />Upon receipt of payment of the price hid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold. The recitals in
<br />L the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the
<br />following order: tat to all reasonable costs and expenses of the gait, Including, but not limbed to, Trustee's fees of not more than
<br />of the gross sale price, reasonable attorney's fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if
<br />act), to the person of persons legally entitled thereto.rt,)
<br />19. Borrower's Right to Reirtstsle. Nlei! ith,tandmg I Winder's atcelerauon of the sumn secured h- this Peed of Trust. Flk tro%er .hall havc
<br />jar
<br />the right to ha .e anv pnxredmg: begun b) I ender to eninn.f tin, (?fed of Irust discontinued at imp time pane to the ea0trr to occut ut tit the
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