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<br />by this Dead of Trust immediately prior to the date of taking hears to the fair market value of the Property immediately prior ro 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 so make an sward or settle a
<br />alarm for damages. Borrower
<br />apply the pr fails to respond to lender within 30 days after the date such notice is mailed, Lender is authorized to collect and
<br />oceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust.
<br />Unless Lead" and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due
<br />date of the t omMy installmems referred to in paragraphs 1 and 2 hereof or change the amount of such installments.
<br />lo. Bette Not Rdtned, E XMUion of the time for
<br />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 suocessors 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. Frrbsanree by Leerier Not a Wni►a. 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 />Dad of Trust.
<br />12, Remodes CrmultWve. 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. Soeemom and Assigns BOO~; JOW and Several Liabi6tY; Captious. 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 convenie= only and are not to be used to interpret or define the provisions hereof.
<br />14. Nod e, 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 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 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. Uniform Dead of Tram; Governift Law. Severaridty. 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 tie 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 he
<br />given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared to he severable.
<br />16, Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the rime of csecution or
<br />after recordation hereof.
<br />17. Transfer of tic Property; As mytdor, If all or an
<br />without Lender's Y part of the Property or an interest therein is sold or transferred by Borrower
<br />prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, 1b) 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 Trout to be immediately due and payable. Lender shall have waived such option to accelerate if,
<br />prior to the sak or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreement in writing t hat 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 Leader has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor to 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 stuns 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 />1111. AcederaYoo; Remedies
<br />Borrower K this Deed of Trust, Except Res �� is ParRegnpb 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />tk covenants to pay wlxn due any sums secured by this Deed of Trust, Lender prior to acceleration
<br />sterna" soda to Borrower as provided In pargrople 14 hereof
<br />elk• not � tllRen � ern from � e6k � tsodee is Specifying: (1) the breach; (2) the action required to cure such breach; (3) a
<br />walled to Borrower, by which such breach must he cured; and (4) that failure to cure such
<br />bnuch an or before the dote specified IN the nodce zany resnif In acceleration of the sums secured by this heed of Trust and sale of the Property.
<br />TU notice
<br />� Inform Borrower of like tigYt to reentate after acceleration and the right to bring a court action to assert the non-
<br />exissieffice Grier deferas of Borrower to ttccekradon sad sae, If The breach is sot cured on or before the date specified
<br />tttoGisI Lader ad !sender's option any declare a i of flee arms accred by this Deed of Ttant to be immediate) due and houtf in the
<br />diemand Real tali' Invoke tie power of sde eruct an other Y to o lie without further
<br />y remedies permitted by applicable taw. lender shall be entitled to collect all reasonably
<br />cOM NW CLPCMM locarred In pWBWJ% the remedies provided In this Paragraph la, including, but not limited to, reasonable attorney's fees.
<br />It eke power Of sale 4 Invoked, Tttrke don record a rodce of defsal is each county In which The Property or some part thereof Is located
<br />a1d sW a" eoples of Back notice 10 De raver Prescribed by applicable law to Borrower and to the other persons prescribed by applicable
<br />Law'. Abel' d1e b*K Of w¢k Lime as my be rsydred by applicRebk low, Trustee shall give pabik notice of sale to the
<br />Pl -albN by appYeabk raw. Trm*w, *M tut demand as Borrower, shall sell the persons and e 1 t manner
<br />anti piRete and tarter � krstY Property at nubile auction to the highest bidder al the time
<br />dttd$NMW h the Reotice of sale IN one or more parcels and in such order as Trustee may determine. Trustee may
<br />p°Wo« aide of tti or Rery panel of the Property by pubec announcement at the time and
<br />L bra my ism Property of any sd! place of any previously scheduled sate. !ender or
<br />the Upan tsaMt of PRYMOK of the price bid. Trustee sW1 dearer to the purchaser Trustee's deed conveying the Property sold. The recitals in
<br />Tree's deed ebRei be Lurtmo Eck evideReCe of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the
<br />f (a) n>md aalewses of the sale, including, but Rol limited to, Trustee's fees of not more Ilan 3 o
<br />of the gross sale pries" raserNrr agorrey's fees and comb of title evidence: (b) to all sums secured by this Deed of Trust; and ec t the esces, if
<br />Reny, to due PC to or pars*" legally afided thereto.
<br />19, Beirriewer'e Rlgit 10 RethMak. Notwithstanding Lender's acceleration of the .um, .
<br />r r•d h r r r?.t,! r L u r. It'
<br />the right to have any proceedings begun by Lender to enforce the feed trl Truss drernntrmn'!1 at 111 ., nn <
<br />fifth day before the sale of the Pro " '" r't
<br />D�1Y pursuant to the power of sate cur t rated to h:, Uced f 111,,! : ,r� ., ;rrlK ,t r rur.r. ,
<br />Deed of Trust if: (a) Borrower pays Lender all sums which would he the❑ 1uc rnT<: hr, t i -tin n,::hn
<br />s)u ..!
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