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<br />by this peed of Trust immediately prior to the date of taking bears to the fair market value of the Property immediate)
<br />taking, with the balance of the proceeds paid to Borrower. Y prior to the date of
<br />if the Property I$ 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 damttgelt, Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized ',)collect and
<br />apply this 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 />19. Borrower Not Baand, Extension of the time for
<br />granted by Lender to any successor in interest of Borrower shalPayment ot operate to releaser any amortization
<br />manner, the liability Secured the original gthis Oro Borrower and
<br />Borrower's successor in !newest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for
<br />Payment of 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. Forbennnes, by LMdw 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 indebtednes. secured by this
<br />Dad of Trust.
<br />12• Remedim Cfti�ve• 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 bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13. SucesmOn Aad Astlgm Boead; Jolm 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 in
<br />this Dad of Trust shall be given by moiling 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 Leader'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 Borrower or Lender when given in the manner designated herein.
<br />IS. UNtorm DOW of Trust; Goveraiag Law; SeverabiBty. 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 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 the provisions of the Deed 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 execution or
<br />after recordation hereof.
<br />17. Transfer of the Property; Assumption. 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 motley security interest for household appliances, (c) a transfer by devise, 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 stems secured by this pad 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 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 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 acceleration in accordance with paragraph 14 hereof.
<br />Such notice shall provide a period of not less than 30 days from the date the notice is mailed 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 may, without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph 18 hereof.
<br />NON - UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows:
<br />Ill. AceNaratia; Raaedfa. IEacept As Provided In
<br />Borrows la IW Dead of Trust, 1 PttrAgrAph 17 hereof, upon Borrower's beach of soy covenant or agreement of
<br />tucla "the covenants to PAY when due any sums secured by this Deed of Trust, Lender prior to acceleration
<br />s6s8 Noun aotiee to Borrower No provided la Paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a
<br />data' aol iem than 3g days from the date of notice is mailed to Borrower, by which such breach must be cured; and (4) that failure do cure such
<br />breach ON or before the date specified to the notice may result in Acceleration of the sums secured by this Deed of Trust and sale of the Property,
<br />The notion aMY norther faforso Borrower of the right to Mm(ate after Acceleration and the right to bring a court action to suer, the non -
<br />eaklenee of a defarf err any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified In the
<br />n0". Leader at Leader's option may declare an of the sums secured by Ibis Deed of Trust to be immediately due and payable without further
<br />demand Nei ss4 lavake the power of ule sad MY other remedies Permitted by Applicable law. Lender shall be entitled to collect all reasonable
<br />costs AtM exPcmp aieusri d IN Pwmdft the remedies provided In this paragraph 18, including, but not limited to, reasonable attorney's fees.
<br />It Use power of salt Is lavobed, Trustee " record a notice of default in each county Its which the Property or some part thereof is located
<br />and AM taut copies of soft not het is the ®aausr prescribed by applicable law to Borrower and to the other persons prescribed by applicable
<br />law' After the'@Pw of such dw AS my be required by Applicable law, Trustee shall give public notice of sale to the persons and in the manner
<br />Pmcrtbsd by sRBeaYle law• Trustee. without demood on Borrower, shall sell the Property at public auction to the highest bidder at the time
<br />Md Plaaa and seder the Serum dedgwMd IN the nolke of sale in one or more parcels and in such order as Trustee may determine. Trustee may
<br />tsnegeae pie of all or Smy pm of the property by pablie announcement at the time and Platt of any previously scheduled sale. Lender or
<br />LaNdes.s Ms'80 1 asp psrehuse the Property at may sale.
<br />Upmn reeeipi of PSYNNO of the Price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold. The recitals in
<br />fht Trasfeers ft" ) to be muNN facie evidence "W a of the truth r, of the statements made therein. Trustee shall apply the Proceeds of the sale In the
<br />f 0 (A) e. �ss�le cosh mad room Ned cost Ibe Ask, Including, but not limited to, Trustee's tees of not more than
<br />Of the grams seek Prleq ►uwaalNe 3 o'n
<br />apad e d tap Bad cab of title evidence; (b) la 111 sutras secured by this Dred of Trust; and (c) the cscess, if
<br />�, Is lad Pereea us peraatn Isdary eatltied therein.
<br />Is• Borrower's Right N Refmmah. Notwithstanding Lender's acceleration ,af the suns secured by tilts Ikrd of )lust. I(orr,,, hall ha, e
<br />the right to have any Proceedings begun by Lender to enforce this feed of Trust discontinued ac arty Innr
<br />fifth day before the Sale of the Property Pursuant to the (waver of sale connurcf m Stn, famed <N fool „t rt "r to the cxthci n• ,. ur .,(;il the
<br />Ckee1 if Trust aL (a) 13ornrner Imys Lender All sums which would he then due nncL r this f>ccd t,f l un thet'ti`,r, It
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