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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 1 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 Leader 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 Lenders right to accelerate the maturity of the indebtedness secured by this
<br />Dad of Trust.
<br />12. Rmaedles 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 greements herein contained shaft bind, and
<br />the rights hereunder shall inure to, the respective
<br />pective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17
<br />hereof. AB 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. No". Except for any notice required under applicable law to be given in another [Wanner, (a) any notice to Borrower provided for in
<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 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, re'iuro receipt
<br />: requested, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any
<br />notice provided for in this Dad of Trust shall be deemed to have been given to Borrows or Lender when given in the manner designated herein.
<br />1S. Uatform Deed of Trust; Governing Law; Sevetab[tity. This form of deed of taut combine- uniform covenants for national tsr and
<br />non - uniform covenants with limited variations by jurisdiction to constitute a uniform security itutrument covering real property_ This Deed of
<br />Tttttt shag be governed by the law of the jurisdiction in whirls the Property u 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 Dad of Trust or the Note which can be
<br />given effect without the conflicting provision, and to this end the provisions of the Dad of Taut 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.
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<br />17. Transfer of the Property; Assumption. If all or any pan 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 Tru_r,, (b) the creation of
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<br />a purchase money security interest for household appliances, (c) a transfer by device, descent or by operation of law upon the death of a joint
<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 stuns secured by this Deed of Trust to be immediately dux and payable. Lender shall have waived such option to accelerate if,
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<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 eves i- of
<br />such person is satisfactory to Lender and that the interest payable on the sums secured by this Deed o€ Trst shall beat such rate 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 Leader. Lender shall release Borrower from all obligations under se this Deed of T u and
<br />the Note.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration to accordance with paragraph 14 hereof
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<br />Such notice shall provide a period of not less than 30 days from the date the notice is mailed wi33n which Borrower may pay the sums declared
<br />due. If Borrower fails to pay such „tens prior to tine expiration of such period. Lender may, without further notice or demand on Borow-er,
<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. Acc Fit attoa; Remedies. Except as provided is paragraph 17 hereof, upon tlerrower's brew of any covenant or agreement of
<br />Borrower in this Dad of Trust, including the covenants to pay when due any sums secured by this heed of Trust, fender prior to acceleration
<br />shall malt notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the action retiolred to care such breach- (3) a
<br />date, not tan than 30 days from the date of notice is mailed to Borrower, by which such breach asst be cored: and (4) that failure to ewe such
<br />breach on or before the date specified In the notice may result in acceleration of the sans secured by this Heed of Trust and sale of the Property.
<br />The notice shay further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to asset the non -
<br />existence of a dafautt or any other defense of Borrower to acceierstion sad sale. If the breach is not cured on or before the date specified is the
<br />notice, Lender at Leader's option may declare W of the sums secured by the Deed of Trust to be immediately dae and payable without further
<br />demand and stay invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect an reasonable
<br />costs and expenses incurred In pursuing the remedies provided In this paragraph 18, inches ttsg, but nor limited to. reasonable attorney's fees.
<br />It the power of sale Is invoked, Trustee shall record a notice of default to each coaaty (a *kith the Property or some °urt lb— f ig l-,aaa
<br />and &ban asaR copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by appliabie
<br />law. After the lapse of such time as may be required by applicable law. Trustee shag give public notice of sale to the persons and in the [Wanner
<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 />tend place std 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 />1swlPoae seek of all or my parcel of the Property by public announcement at the time and place of any previously scheduled sale. treader or
<br />Leader's designate nay Purchase the Property at any seek.
<br />Upon rxelpt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold. The recitals in
<br />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 />fogowtst order: (a) to all reasonable costs and expenses of the sale, including, but not Rallied to, Trustee's fees of not more than 3 tre
<br />of the grow sale prim, 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 />as
<br />my, 10 the person or persons legally entitled thereto.
<br />19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the -rn. secured by this Deed rat Trust. Burrower shall hale
<br />the right to have anv proceedings begun by I endet to enforce this Deed of Trust discowinued at any time prior to the carper tv recur of rsi he -
<br />fifth day before the sale of the Property pursuant to the rower of sale,i rtatned n this Eked "t irn,i .tr ,u) porn It a tudgrtcnt entorctnk thi,
<br />Deed of Trust if: (a) Borrower pays Lender all sums whah w. =uld he then due and -; th;• Devi 'o flat. the \otc and no;c. ,ecunng I utwe
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