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F <br />87-- 103965 <br />by this Dead of Trout immediately prior to the date of taking bates to the fair market value of the Property immediately prior to the date of <br />taking, with the balsam 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 to make an award or settle a <br />claim for damages. Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and <br />apply the proceeds, at Leader's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. <br />Unless Leader and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due <br />date of the monthly installments ref erred to in paragraphs I and 2 hereof or change the amount of such installments. <br />IML On own Nat Rdtusd. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust <br />granted by Loader to any sugar in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and <br />Borrower's stems in interest. Lander shaU not be required to commence proceedings against such successor or refuse to extend time for <br />payment or otherwise modify amortization of the sutras 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. Ferbatonee by Lender Not a Waiver. 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 Uoau or charges by Lander shall no be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this <br />Dead of Trust. <br />12. Runs" Consultative. All remedin provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this <br />Dead of Trout or afforded by law or equity. and may be exercised concurrently, independently or successively. <br />13. Sloteseeoss and Assigns Boned; Joint and Several Liability; Ctpdm. 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 convenience only prod are no 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 Dead of Trout 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 />13. Uloi/ornt Deed of Trust; Governing Law; Severabillty. This form of deed of trust combines uniform covenants for national use and <br />nom - uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument covering real property. This Deed of <br />Trust shall be governed by the 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 Noe 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 Dad of Trust and the Note are declared to be severable. <br />lf. Baeuwer's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or <br />after recordation hereof. <br />17. besides of Ike 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 />it 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. tender shall have waived such option to accelerate if, <br />prior to the seek or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of <br />such pessot 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 />repast. If Leader 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 ail obligations under this Deed of Trust and <br />the Note. <br />If Leads exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. <br />Such notice shill 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 />date. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, <br />invoice say rme ies permitted by paragraph 18 hereof. <br />NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />U. Aeeekraftn; Rambles. FAeW as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of <br />Bosrrearar Is Nk Deed of Trust, hicludin[ the covganst to pay when doe any nos secured by this Deed of Trust, Leader prior to acceleration <br />doom" tuu p team owor m ps, ads In purag 14 hereof specifying: (1) the breach; (2) the action required to core such breach; (3) a <br />drk, not hus than 30 ripe front the data of notice is mailed to Burrower, by which such breach must be cared; and (4) that failure to cure such <br />bmm* on or bdoee eke date gwdM@d In she aotlte may result in aa:derstion of the sums secured by this Deed of Trust and sae of the Property. <br />The nodes sMB foMa Vfaent Dan own of the eight to reimtak after secelen on sad the right to bring a court action to assert the non - <br />aishim of a I 1 1- err any other Wines of Doesower to acceleration sad sale. If the breach Its not cared on w before the date specified In the <br />nefte, Lontdr at Isis's option a" de A all of the st ss secured by this Iced of Trust to be Immediately date asd payable without further <br />demand act any In the power of sale and aq other remedies permitted by applicable law. Leader slag be eadded to collect all reasonable <br />emu and exile Inazfnati In ptpstr, the rem . provided Is this parograpk 18, iuciuding, but not United to, reasonable attorney's fees. <br />H is power of sob Is Involsei, Taus -- "eater! a notice of defook In each county in which the Property or some part thereof Is located <br />and kW mA topes of seek sodee Is the nt pinalbM by applicable kw to Borrower and to the other persons prescribed by applicable <br />kpr. Afiw da ktpaa of aKb dm m ntp bee rop6N by appMeahle kw. Trust" shall give polsk notice of sale to the parsons and to the meow <br />peesdM 'by oppN= k kw. Tim". w0boat dmsand on Borrower, shall sell the Property of public auction to the highest bidder at the time <br />and pines and under do Nents dodgnaMet In the notlex of tole In one or more pareek and In such order as Trustee may determine. Trustee may <br />pMpns nk of a1 ore any petal of the Property by public announcement at the time sad place of any previously scheduled sale. Leader or <br />Lenin's dwynw afar pmdteee the hgwty at aq sob. <br />Upon nedp of 0@3 1 of the price bid, Troon"e dkw to the poeehuser Trustee's deed conveying the Property sold. The recitals in <br />the Ttuslko's deed dm§ be MV flock ardsnee of the truth of the statements nude theMe. Trtske shall apply the proceeds of the sale In the <br />U ills" amiss W ee aB nosaloa -1 ask ad expenses of the sae. Including, but not limited to. Trustee's fees of not more than .._ 3 _ a's <br />eat the pct undo pries, ►eeeeWk aperasy's hse aril comb of title evidence; (b) to all sum wand by this Deed of Trust; and (d the excess, If <br />easy. N Nk peon or pennon kgdly @~ iberde. <br />it. Btrsuwer's Rlghi N 2iastess. Notwithstanding Lender's acceleration of the sums secured by this Decd of Trust, Borrower shall have <br />the right to have any proceedings begun by Lander to enforce this feed of Trust discontinued at any time prior to The earlier to occur of ti} i he <br />fifth day before the sae of the Property pursuant to the power of sale contained in this Dead of Trust or (ii I entry of a judgment entoreius .ter. <br />Dead of Trust if: (a) Borrower pays Lender aU sums which would be then due under this Deed of Trust, the Note anti twtc, .e,ming Future <br />