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by thl/ Deed of. 8" '� 102660 <br />Trust immediately prior to the date of taking bears to the fair <br />market value of the Property immediately prior to the date of <br />taktrig, with the baiutce of the proceeds paid to Borrower. <br />If the Property is abtundotiad by Borrower, if, after notice by Lender, to Borrower that the condemnor offers to make an award or settle a <br />claim for datpyw' Borrower ftalt to resp0111141 to Lender within 30 days after the date <br />such notice is mailed, bender is authorized to collect and <br />apply the Proeeed/, at Lender's option, either to nruoration or repair of the Property or to <br />the sums secured by this Deed of Trust. <br />Unless Leader and Borrower otherwise Well in writing, any such application of proceeds to principal shall not extend or <br />eats of the monthly tNeallments referred <br />postpone the due <br />to in paragraphs 1 and 2 hereof or change the amount of such installments. <br />llarwsrar Norte a"//4, EirleNSlOn of the <br />SMWI@. <br />time for payment or modification of amortization of the sums secured by this Deed of Trust <br />W by Lender to any s in interest Of Borrower shall not operate to release, in <br />' <br />/T <br />any manner, the liability of the original Borrower and <br />suooemors in interest. Lander shall not be required to commence <br />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 <br />and Borrower's PXXO /or/ in interest. <br />i <br />original Borrower <br />11. F"b wlm by Lawn Not a WSIM. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded <br />by APPIlo k law, shalt rM be a waiver Of or <br />preclude the exercise of any such right or remedy. The procurement of insurance or the payment of <br />taxes or other lien: or charges by Lender shall not be a waiver of Lender's right to <br />Deed of Trust. accelerate the maturity of the indebtedness secured by this <br />a ig/ousN Cum"". All remt dries 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 <br />concurrently, independently or successively. <br />13. SNasn/a and Aseign Burned; Jett soli Several <br />the rights hereunder ' tiO°s- The covenants and <br />shW inure to, the respective agreements herein contained shall bind, and <br />essors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 <br />hereof. All covenants and ads of prowe <br />Borrower <br />If <br />are for <br />shat! be joint and several. The captions and headings of the paragraphs of this Deed of Trust <br />only and arc not to be used to interpret or define the provisions hereof. <br />14. Nudes. 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 shill be Sim by maWt such notice by certified mail addressed Borrower <br />to at the Property Address or at such other address <br />as Borrower May dgdgiue by notice to leader as provided herein. and <br />��� � lmder,s address stated (b) any notice to Lender shall be given by certified mail, <br />herein <br />return receipt <br />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 <br />1S. Lender <br />or <br />Uni[irm Deed of Trap; Goyromi g Law; <br />when given in the manner designated herein. <br />iii- uniform oorsoNats with �� vaniatioaa Sr'erNh�q. This form of deed of trust combines uniform covenants for <br />national use and <br />by to constitute a uniform security instrument covering real property. This Deed of <br />Trust shall be Boverited by the law of the jurisdiction in which the property is located <br />In the event that any provision or clause of this Deed of <br />Trust or the Noe rnaflicts with applicable law• such rnnflict shall not affect other provisions of this Deed of Trust or the Note which <br />given effect without the corm zing Provision, <br />and to this end the can be <br />16. llerrNw/r'/ Copy. Borrower shall be f provisions of the Dad of Trust and the Nets are declared to be severable. <br />in niched a conformed copy of the Note <br />after recordation hereof. and of this Deed of Trust at the time of execution or <br />17. TeNNder of tie !story; Amemsp m. If all <br />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 <br />subordinate to this Deed of Trust• tb) the creation of <br />a purchase money security interest for household aPPliaaces, (c) a transfer by devise, descent or by operation of law u <br />taiaat or (d) the gtwrnt of say d interest upon the death of <br />teriene r <br />groin of a <br />of rhea a joint <br />Years or less not containing an option to purchase, Lender may, at Lender's option, <br />�: 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 ttaaafer, Lender and the pawn to whom the property is to be <br />sold or transferred reach agreement in writing that the credit of <br />such Person is utisfactory to Lender and that the interest payable on the sums secured by this Deed of Trust shall be at such <br />requC6t If Lander has waived the <br />rate as Lender shall <br />OP11011 to accelerate provided in this paragraph 17, and if Borrower's successor in interest has executed a <br />sanasptioN agreement accepted in wnattg by Lender. Lender <br />i'- <br />the Note. shall release Borrower from all obligations under this Decd of Trust and <br />, <br />If Lender ermciem such option to accelerate, <br />Such itotia shall Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. <br />Provide a period of not less than 30 days from the date the notice is <br />, <br />mailed within which Borrower may pay the sums declared` <br />due. If Borrower fails to pay such sirens prior to the expiration of such <br />invoke any remedies permitted byparagraph 18 hereof. period, Lender may, without further notice or demand on Borrower, <br />NON - UNIFORM COVENANTS. Borrower and Lender <br />further covenant and agree as follows: <br />18. Aooduftlatt; Rome". RZOW ac provided IN paragraph 17 hereof, <br />■ <br />DarNwer'r tW lllssd of Trust, pea Borrower's breach of any covenant or agreement of <br />d" ttwY btdN4iag she eOVeasots to ply *lea dire any sums soured by this Deed of Tract. Lender prior to iiccekntloa <br />Y <br />gromigiVis 14 Yveof spedrylag: (1) the breach; (2) Me action required to cure such breach; (3) a <br />4Ne, tt01 lm teas 3g Notice le aaaled 10 Borrower. by which <br />hraNOh <br />x hM such breach most be caned; and (4) that failure to cure such <br />/peitW IN the Notice essay rust he aeedeatloa of the sums secured by Ibis Deed of Trust and sale of the Property. <br />The tsttdoe sheg roord /r iNter� BOrrewer Nf Oe d& <br />se relaat #e after Week"doa and the <br />-1.. "" of a 401N O err sett other define of riglil to bring ■ Court cation to assert the <br />BOrfasrR <br />aoN- <br />1+/N�r �/ <br />to iioaiemdes and sac. If the breach ts sot ca red oa or before the date specified In the AM forrebe Me power of <br />apdm way decline erg of the wi secured by this Deed of Trust to be immediately due and psyabie <br />Wile NW MW without further <br />now e o other remsda permitted by applicable law. Leader shag be entitled to collect all reasonable <br />provided b tYs parrgreph "I including, <br />but sot limited to, reasonable attorney's fees. <br />if the ewer of mk k hm*W, Tlw w /heft record notice of default Is each county in which the Property or some <br />NNi shei =*"@ agir/ � OCh statics IN the thereof is <br />part located <br />iswNeer prey edbed by aPPt -cable kw to Borrower and to the other <br />by Trustee <br />aM sa prNl/ 4tlufte, i i• �ti an Bsnowerkaw,s� <br />the manner <br />/iacs sell [be Property at patine suction to highest bidder <br />at <br />Notice of sate Is one or time <br />you pro" Wk Of an x any pNSed Nf more Parcels aNd is such order as Trustee may determine. Trustee may <br />LtiN4sr / 4e/Ipse sap psaehese tYe lt'rwp/rly m <br />�ty at b by pNbec aasoaNCement at the time and place of any previonsly scheduled sac. Lender <br />try sac. or <br />Lip" <br />Pska Mi, Tr1rue shelf defier <br />to the Parcl aser Trustee's deed conveying the Property sold. "Ube recitals in <br />the Te/Nlee'/ 4//4 Barg hale xW rude e►idlNCl kith she ssalemests made therein. Trustee shatl apply the Proceeds of the <br />L fir (a) aY raaaa c� � <br />Pl <br />isle In the <br />of this <br />� of the mac, iadudtsg, bat not limited to, Trustee's fees of not more than J_ a. <br />s <br />Plus suit Prim, atsad" lien and casts of title evidence; <br />rmum <br />or p (b) to all sums secured by this Deed of Trust; and tc) the excess, If <br />=%, N ih/ peso°° er pa/M/ hlgab sNtitied thwwo. <br />h to <br />1!. gay WBM b RdNWM. Notwithstanding Lender's acceleration of the sums secured he this teed of Trust. Gorr+ »• er ;half has e <br />the right to have any Proceedings begun b <br />by Lender to enforce this Deed <br />� <br />of Trust discontinued at any time nor w ; <br />fifth day before the sac of the pr p he earlier to twrur of Ni the <br />openy purstwnt IOlhe power of sale contained in this teed cal 7nnt or Iii) rrtry n1 ,y rudRmcnr enlorrmg <br />Deed of Trust if: (a) Borrower Pays Lender <br />-' <br />� <br />rhr. <br />all sums which would be then due under thrc Iieed .r1 I •u 1, ncc Norc :vrJ <br />nu(c..C,.:. ;rutK }.risen• <br />Wi <br />