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<br />by this Deed of Trutt immediately prior to the date of taking bears to the fair markei value of the Property immediately prior to the date of
<br />taking, with the balance of the pr00094h paid to Borrower.
<br />If the Pfoppiy 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 faik to respond to Lender within 30 days after the date such notice is mailed, Lender Is authorized to collect and
<br />*My the Proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this lined of Trust.
<br />Unless Leader' attd Borrower otherwise Agra in writing, any such application of proceeds to principal shall not extend or postpone the due
<br />date of the monthly ln$tAU nents referred to in paragraphs I and 2 hereof or change the amount of such installments.
<br />»' Bar 000 N01 RMrd. Extension of the time for payment or modification of amortization of the sums secured by this Aced of Trust
<br />granted by Leader 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 $UCCedeprs 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 />sad 90frOm's SUCCOSM in interest.
<br />H. Fbbeasneee by [,sailer NN • Waiver, Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, :hail 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 no be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Deed of Trust,
<br />12. Robsdlo Cu ubdve. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively.
<br />13 Soccomere aid Agelling wed. Joint end Several L{aWBty: Captions. The covenants and
<br />the rights hereunder shall inure to, the rem agreements herein contained shall bind, and
<br />pro ive 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. Nisda. Except for any notice required under applicable law to be given in anothe• manner, (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, return receipt
<br />requested, to Lender's address stated herein or to such other address as Larder may designate by notice to Borrower as provided herein. 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 herein.
<br />IS. Uafform peed M Tetsu; Governing Lew; Severablilty. This form of deed of trust combines uniform covenants for national use and
<br />Lion- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of
<br />Trust shatI be governed by the taw 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 co
<br />after recordation hereof. pY of the Nate and of this Deed of Trust at the time of execution or
<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 money 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 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 wham 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 Noe.
<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 />is. Acceleration; Rome". Except as provided in
<br />Borrower al tYs Deed ot Ttuu, panttnpb 17 bereof, upon Borrower's breach of any covenant or agreement of
<br />shoo $soli ao"" to Borrower car the coverts to Pay when due any $arm secured by this Deed of Treat, [.ender prior to Acceleration
<br />dame, set taus tiros Bu Provided h paiagrapb 14 hereof specifying: (1) else breach; (2) the action required to cure such breach; (3) a
<br />7s from the date of uotice is mailed to Borrower, by wbkh sash breech meat be cured; and U) that fAlhrc to cure such
<br />brooch ea car baste the dab sp•dfied in the aotice may remelt is sccekratioa of the items secured by this Deed of Treat cud sale of the Property,
<br />MIA eellee $boo further booth Borrower of the right to relmtate after acceleration Red the rigbi to bring a court sell to assert the eoa-
<br />ealsloue rN n defaeit er s o ohs' ddeurr of lgwrower rot •cederating Red sale. If the breach le not cured ON or before the date specified to the
<br />deemed malice' [.taint = L soda's eptlon may declare RM of the seas secured by this Deed of Trust to be immediately due fad Payable without further
<br />cones and sapMy Iacbrel power of sale And airy other remedies permitted by applicable bw. Leader shall be entitled to collect all
<br />Mtaab•g the remedies Provided in this Paragraph 18, lsdaMeg, bet not limited Io s fen. able
<br />If Ibt power of seek is (�o�. Trouser SW record ■ notice of defaaN lA each county Ica which rise Pr 0 some "t noeys fees.
<br />and shoo in" coon of enrb nvgeo M the =saw prescribed by spplicable law to Borrower cud to the otoM�r y or some Part tbereof is located
<br />I
<br />Allsr tie lopsr of each time a. any be required by tyipllnble law', Trustee shall ve mom prescribed by applkabk
<br />/rss1 00 ad by - ppre•nbo low. Tr'rrtse, without demand oe LI PuMk eotke of sale to the persons and In the manner
<br />red Nero and ruder lit bytes Borrower, shall MR the Property a public Auction to the highest bidder at The time
<br />iaslpamrd r the notice of sale ta one or more pueels and in such order as Trustee may determine. Trustee may
<br />1PA"W* as nit oo oo •r my passel of the rropetty by Punk anuonmcemeut at the time and
<br />Lwa/er's imi" myr is- gi be tine place of ■ay previously scheduled sale. Lender or
<br />U F►Ns*ty ai any Abe.
<br />e Pas romp[ N peyoeat of she prior bid. Trustee shoo deliver to the purchaser Trustee's deed conveying The Property sold. The rentals in
<br />I � Ti's rood ob" be ph" frTde evide s" of file truth of the stolements merle lb"do, Trustee $ball Apply the Proceeds of the sale in the
<br />G, fuBesstag uNes: (a) to oo rsaseeoblo comb Pad expels" of the sale, Including, but not !halted to, TTVske's fen of sot more ban
<br />M fim Von Ask Moo' r*MON O Nforoty's fete mad costs of title evidence; (b) to Oil sumo w'
<br />any, m obi prasua M l 'N *$WIY -dtkd thereto. secured by ttsM herd of 'frwaf: sad (c) the excess, if
<br />11' Bwsre"A"s Right 10 Rtibt k. Notwithstanding I eader,s acceleration of the sums secured by this Decd of liters[, [tort wr r shall have
<br />the right to have any proceedings begun by Lender to cut orve lhry Liecd of I rtor di,cnntinurd al any near prior :o the rnrtier 1to"t"r oe lr+ the
<br />fifth day before the seek of rile Property
<br />[he9 nP pursuant to the p"cr of .ale rnntdinctl in this Lkrd .,f I fuse .,r u) rnrr..,! n ntdguunl rrolnr!:mp lire
<br />a [rust if: ($) Borrower pays Lender all sums wilk11 w,+uld he thrn due under iris Ikod u/ Irn +t. the 14m, :r u! nuts+ .r,,iriny F,nurc
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