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L <br />87„,. 102897 <br />by this Dead oPTrwt immadiately prior to the dam of taking bears to the fair market value of the Property immediately <br />taking, with the balance of ails proses paid to Borrower. prior to the date of <br />If the property is abggdoned by Borrower. or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a <br />Halm for "Run, Borrower faits to n"Pond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and <br />apply the pr°ca°da, at Lender's option, a»her to FMOratiaut or repair of the Property or Io the sums secur«f by this Deed of Trust. <br />UnMtx ;sealer and Harrower otherwise tagroe in writing, any such application of proceeds to principal shall not extend or postpone the due <br />date of the MOM* referred to in PWASMPhs 1 sad 2 hereof or change the amount of such installments, <br />Id, MN NO Nol ffahassd• Extension of the tHse for payment, or modification of amortization of the sums secured by this Deed of Trust <br />Rated by Leader ro any i in Waesat of Borrower shall not operate to release, in any manner, the liability secured <br />the original this <br />Borrower and <br />Borrower's suceersora in mteaest• Leader shall not be required to commence proceedings against such successor or refuse to extend time for <br />Payment or otherwise nwWy amordrstion of the sums scared by this Deed of Trust by reason of any demand made by the original Borrower <br />and Borr~'a succiesson in Interest. <br />"' Fwbnssa b fader 14"s Warm• Any forbearance by Lender in exercising any fight or remedy hereunder, or otherwise afforded <br />by aPphCatrk Imo' SW not be a waiver of or preclude the exercise of any such right or remedy• The procurement of insurance or the payment of <br />rains or other (lees or Charles by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this <br />Deed of Trust. <br />12- &Nwd as Casatarre. All remedies Provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this <br />Dead of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively. <br />u. Seeeaaaen ad Anigaa brad: Jots, aid se"Nsil <br />I.faAry: Cspttaas. The covenants and agreements herein contained shall bind, and <br />the rights hereunder shall inare to, the respective successors and assigns of lender and Borrower, subject ono the provisions of paragraph 17 <br />bacof, All covenants and aRearneiu of Borrower shall be joint and several. The captions and headings of tile, paragraphs of this Deed of Trust <br />we for convenience only alb we not to be used to interpret or define the Provisions hereof. <br />14. No". Except for any nptix required under applicable law to be given in another manner, (a) any notice to Borrower provided for in <br />this Dead of Trust thall be given by mailing such notice by certified trail addressed to Borrower at the Property .Address or at such other address <br />in Borrower may designate by notice to Lender as Provided herein, and (b) any notice ur Lender shall he given by certified mail, return receipt <br />to Leader's address stated herein or to such other address as tender may designate by notice to Borrower as Provided herein. Any <br />notice Provided for m this Dead of Trust dell be deemed to have been given to Borrower of Lender when given in the manner designated herein. <br />Is. Unalhra paw N Teat; <br />taon IS- U a of thnitld Governing Low, SeverahWty. This form of deed of trust combines uniform covenants for national use and <br />Trust dal0 by jurisdiction to constitute a uniform security instrument coserfng real property. This Deed of <br />hoed by the law of the jurisdiction in which the Property is located. In tau event that any Provision or clause of this Decd of <br />Try or the NOW connku with applicable law, such conflict shall not affect her <br />gives effect without the conflicting Provisions of this filed a Trust or the Note which can be <br />meting Provision, and to this end the provisions of the eked of Trust and the Neste are declared to he severable. <br />K. Mnniwn'a Crapy. Borrower shall be furnished a conformed co <br />after recordation hereof copy of late Note and of this Deaf of `!rust at the time of execution or <br />17. TTangir of Nor F Olgisty; Asasapros, If all or any (art of the Pro <br />witAouil,eoder's party or an m ;rtes; Mrrem is sold or tfansteireA by &xrower <br />Druor w"iten Coned, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of I rust. (b) the creation of <br />a Purchase MOW Security Internet 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 ay Iwdohd'Nat ! of three years or leas not containing an option to Purchase, Lender may, at Lender's option, <br />declare ON the a secured by this Deed of Trust to be immediately due and payable. Lender shall have waived such option to accelerate it', <br />Pry 10 the silk Or transfer, Leader and the person to whom the Ptc ty is to he sold or transferred reach agreement in writing that the credit of <br />mil Person . If k satisfactory to Leader and that the interest payable on the sums secured by this Deed of "Trust shall be at such rate as Lender shall <br />aegsxat. If Leader has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has executed a <br />wirelsong asignealliticel agreement accepted in writi <br />the ng by Lender, Lender shall release Borrower from all obligations under this Decd of Trust and <br />if Leader earecasss €tech option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with Paragraph 14 hereof. <br />Such Oinks ill" Provide a period of not has than 30 days from the date the notice h mailed within which Borrower may pay the sums declared <br />der. If Borrower falls to Pay such scans Prior to the expiration of such <br />invoke any Period, Lender may, without further notice or demand on Borrower, <br />Permitted by pwagraph 18 hereof. <br />NON - UNIFORM COVENANTS. Borrower and Leader further covenant and agree as follows: <br />erg' Aeada Ningt Raandlsa, Earup as preeNw In <br />Berrmww a pis paw of Teeat, parmHb 17 • apes Merower'a breach of any covenant or aaotemena of <br />sits d maree n rotladltat She t'ovaMMU to Pay when doe ray sums secured by t� Deed of Trost. Leader prior to acceleration <br />ragas, teat bet pen r o otrw a IIIa d is pe'aReph 14 hereof sp effyfeg; (1) tact breach: (2) the action required to care such breach; (3) a <br />dWs Ina pe deas of males IN mmdkd Is DOMewer, by which tech greenish NMI be cured: Nod (4) that failure to care such <br />lu n M w 0fiv lle IMI a/eeulad ~ soma a" ie� k accelerere s of the arms Secured by tars Dew of Treat and sate of the Ptroperry. <br />Tba aaosMel abaH Isalbae literals Msrewn ed the vigil to maws on" accrkraren and t>k r bt ono bring a cover action to teed the eom- <br />endalasor ate tlatlasall rte No otbw dagerre Of bnwwer to accelerfres and ode. If the breach Is net snood on or before the date Specified In the <br />wares. Ladw aM Ladles caps a W dacha aH w race tents ateern, by dds Deed of Tres! to be <br />denied and a" Inrabs pe Mww Of tab and nW ram Nes pptNlled by +Pwsalte law. Leader � � a� payable without further <br />awn ad ttayaseaa iattaraed In pgNalsg race refaadhe provided M this sball be whined to collect an reasonable <br />ff albs pwar eK stab Y PaKr80 lg, hwisdi g, but at Mrkd to, reasonable attorney's few,. <br />abratai, <br />Thebes aW ssceM a setlee o(de(aub in each county ea *" the Property or part abereof Is frtcniIt <br />and aW asaH ashlers nit tend aatarw r pe gsareer p t serpw by typticRbk law to Borrower aM to the other persoaur preacr(bed by uppikabk <br />Me. Massa o tgsa Of and dW in aaa7 be Rob ad b applicable Mw, Truster aging lava puW notice of Io the Penang r red In the mamucr <br />PO-OW by tarpBl W taw, TesMsa. tellbasl daaiaaaa d w b roww, t1Wl sera ibe Preperly a patbMc aosroa to the highest bidder at the time <br />aid pbes lend under era Maas dm*a W Is pet a ndles oI salt ti one or malt Parcels aM M Such order w 't <br />Ma1Mss sab of all w aW Meats nil pat pig" Ill by pmbMt nassat 1! the and rmtre wy. drtermine. Trustee may <br />1.g 1 d at m am pindese as prrNSety M ay tale. Place M gay previously scheduled sak. Leader or <br />VM raaellil at pa/atst M M PMa Mg. Tnul a Shall deliver to the W th"" Trmke's deed cow *eying the Property sold. The recital ten <br />tae TI IW* shad dsH be Plan garde aetgasm of rat arsNb rd the staeneniw Wade theorem. Trmtee %bull apply the of else sae in the <br />dflen a erg aadare (orb Is M waawgW goo and want of She sale, , bw( son Mnlied to. Taratlae's fees of mot neon than ft Msaa aide Pbe. "awn" nitana4'a hm and cftk of ere _ <br />tap, N pa Pt NO a Mtawa rvldesce: (b) ro aN saw sscarad by dais fletd of Trost: tad (si the ear eat, It <br />MMB!' aarrad raarele. <br />it' Bernwar'a Jlylprotpigaaare. NdwrlwtWAO9 Lender's acceleration Of the sum, src:urcA by tilts Ihr,1 of Il n,t, akrrrou rr .hall ha,.- <br />t ro 1eY begun by landed 4ocnfcrce this feed of Trust discontinued at an, tine ; +ru.r t.. the carter• t, „r of 11, the <br />fi du?' Water the oak of the Ply par eam to the power of aintairxnf in [Mis lk^r;l Of trust or iiii entry of a nn1 <br />of Truce i/: (a) tkxrowe r" Lerader ail $ r7 which x,nent erti;.r:,nf tilt, <br />wxwiaf ifr then dose twtcrrr this ! ,.f I ,u,i. Ihr Nn1r <br />r'i Ur u.g� f uEnr < <br />