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by this Deed of Trust immediately prior to the date of taking bears to the fair market value of the Property immediatel <br />taking, with the Instance of the proceeds paid to Borrower. Y Prior to the date of <br />s 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 />. clam for damages, Bofrower fails to respond to Lender within 30 days after the date <br />such notice is mailed, Lender is authorized to collect and <br />apply the Proceeds, a Lender's option, either to restoration or repair of the Property <br />or to the sums secured by this Deed of Trust. <br />Uttlas Lender and Borrower otherwise <br />date of the month) i agree in writing, any such application of proceeds to principal shall not extend <br />Y installments <br />or postpone the due <br />referred to in paragraphs I and 2 hereof or change the amount of such installments, <br />1* 1ae►4W 0"I'll Not Extension of the citric for <br />payment or modification of amortization of the sums secured by this Deed of Trust <br />t successor <br />t );ranted by Lender to any sttrxrawr in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower <br />Borrower's successors in interest. Lender <br />and <br />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 <br />and Borrower's successors in interest. <br />reason of any demand made by the original Borrower <br />a 11, Farbataa¢e bY Lowder Not 8 Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded <br />by applicable law, shall no be a waiver of or preclude the exercise of any such <br />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 <br />Deed of Trust. <br />secured by this <br />12. Rognin s Catntwhdve. All remedies provided in this Deed of Trust are distinct <br />acid 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. Saaeeaa s and Asrlpa Bomad, join, and Several IiablUly; <br />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 <br />hereof' All covenants and <br />provisions of paragraph 17 <br />agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed <br />are for convenience only and are not to be used to interpret or define the of Trust <br />provisions hereof. <br />14. Notice, Except for any notice required under applicable law to be in <br />given 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 <br />as Borrower may designate by <br />or at such other address <br />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 <br />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 <br />1S. <br />when given in the manner designated herein. <br />Unifogism Deed of Tram; Governing Law; SeverabiBty This form of deed of trust combines uniform covenants <br />non- uniform covenants with limited <br />for national use and <br />variations by jurisdiction to constitute a uniform security instrument covering real property. This feed of <br />Trust shat) be ov <br />g erned by the law of the jurisdiction in which the Property <br />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 <br />given effect without the conflicting <br />can be <br />provision, and to this end the provisions of the Iced of Trust and the Note are declared to be severable. <br />Iii, Borrower's COPS, Borrower shall be furnished a conformed copy of the Note <br />and of this Deed of Trust at the time of execution <br />after recordation hereof. on or <br />4 <br />17. Transfer, of the Property; Assumption. If all <br />, <br />J <br />or an <br />without Lender's y part of the Property an interest therein is sold or transferred by Borrower <br />Prior written consent, excluding (a) the creation of a lien <br />a in <br />or encumbrance subordinate to this teed of Trust, (b) the creation of <br />e <br />a purchase money security interest for household appliances, (c) a transfer by devise, descent <br />tenant <br />or operation of law upon the death <br />or (d) the grant of any leasehold interest of three years or less ti joint <br />not containing an option to purchase, Lender may, at Gender's option, <br />declare all the sums secured by this Deed of Trust to be immediately due <br />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 <br />such person is satisfactory to Lender and that the interest <br />of <br />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 <br />paragraph 17, and if Borrower's successor in interest has executed a <br />written assumption agreement accepted in writing by tender, lender .shall release Borrower from <br />the Note. <br />all obligations under this Deed of Trust and <br />If Leader <br />< <br />exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />SUCH rWIItY Shag fOVide 8 <br />P period <br />x <br />paragraph 14 hereof. <br />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 <br />of such <br />invoke any remedies period, Lender may, without further notice or demand on Borrower, <br />permitted by mdrmgraph 18 hereof. <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />18. Acedefatlatp Rfeme", Except ss <br />Provided is Paragraph 17 hereof, upon Borrower's breach of aav covenant or agreement of <br />Borrower in tits !Deed of Trust, iachdlug the covenants to pay when due <br />may sums secured b <br />SW ttsW aodm to Borrower us Provided In paragraph 14 hereof Y rib Decd of Tent, Leader prior to wcelentiom <br />specifying: (11 lbc not <br />breach; <br />Aare. aol iris Haze 30 days from the daft (2) the action required to cure such breach: <br />of notice b mail (3) a <br />to Borrower, by wkkb such broach mast be cured; and (4) that failure to care such <br />specified the notice may result fa accelentloe of <br />The aadtt abd farther the sates secured by ibis Deed at Trust mad sale of the Property. <br />Borrower of the right to reinstate after <br />acceleration and the ht to bring a court action to assert the Pon- <br />exhl'kwe d a defa lit or any ether reuse of Borrower to aceekradoa and sale. It <br />the breach b mot cared on or before tie date <br />re' Lowder ul Leader's option away glaciate ed of the specified it the <br />sum secured by lids Deed of Trust to be Immediately due a" <br />demand and may Invoke the Power of side sad any other remedies Permitted b <br />payable without farther <br />s <br />toad and exPausms i0cl rred ht Imagine the remedies Provided in this rah law. Gender shall collect ey reasonable <br />If paragraph 1e, including, but <br />tie Power of side k Invobed, Trustee , toe reason b <br />not limited to, reasonable attorney's fees. <br />record a notice of default in each <br />county in which the <br />and shall No cap'" of nab Soda V the summer Prescribed by applkable taw to Borrower and to thProperty t persons some purr Thereof located <br />haw. Ahm the lapse of such Nice Pahe <br />as am be applicable <br />p prcm and by a man <br />Y t'egulrs0 hY MPlkabk law, Trustee shill give public uotitx of sale to the persoas and in the mummer <br />psoah Ills oi by apple" inw. Trustee, wilbout demand <br />er <br />on Borrower, shall sell the Property at Public auction to the highest bidder at the time <br />and place and taier the dOdWled drsss ht the notke of safe fa ose or more Parcels In <br />sad <br />paMPeae sale of err or say Parsei of tba such order as Trustee may determine. Trustee may <br />Pty by Public announcement at The time and place of any previously <br />1'�r'a � �y parobase the Property <br />of m scheduled safe. lender or <br />a my ogle, <br />ON r paysuggigg Of He Price bid. Trustee <br />X11 diver to the Purchaser Trustee's deed caaveying the Property sold. The recirab in <br />L Taw timet Mbar /sima fade evidence of the truth of the statements trade therein. <br />Trustee skull epph the Proceeds nt the see in the <br />e otdrr: (a) N cry reasonable coed sad "Pestssm of the sale, including, bat sot limited to, Trustee's fees of not more <br />a's a VON k reason" 3 h <br />. thsa <br />atterusy's ices gad costs of title evidence; (b) to 811 son" secured by This Deed of Trust, and fro the "Crv%. if <br />Ht psesoa p ersons kga ft eedded thereto. <br />Botlowe♦'•s Right to it4hoUk. Notwithstanding t ender'% arceirratton of the sums secured by this I)tvd of Trust, 9orlower shall ha%c <br />the right to have any proceedings hegun by lender <br />to cnkncc This Ihcd of 7 rust disconuuued at any tame pn,x 10 the carlfrr r,, IKruf of (;, !hr <br />fifth day before the ssk of the Property pursuant rn the Power of calr <br />ccntamed in this I)erd of Trusl or 1111 antes f a ;udkment rnfo:rxlg vies. <br />Died of lvu%t rf: rot) ltorfOwer Pays Lender all sufn% N'h1('1t w(nllif he !hen dun onkfer thl. Ihcd t•t 11(1%1, Idac Miele <br />and -, ,q wg I IITI?t!' <br />