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<br />by this Dead of Trust immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of
<br />taking, with the balance of the proceeds paid to Borrower.
<br />If the Property is abandoned by Harrower, or if, after notice by Leader to borrower that the condemnor offers to make an award or settle a
<br />i
<br />tdlnim for , Borrower fails to respond to Leader 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 Properly or to the sums secured by this teed of Trust.
<br />1 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 referred to in paragraphs I and 2 hereof or change the amount of such installments.
<br />10. Dev owes Not Rtdaasd. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />gtttnted 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 successors in interval. 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. Forbousm by Leader Nei a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by applic" law, shmH not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of
<br />taxer or other liens or charges by Leader shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Dsed of Twat.
<br />12. Name" Ctet "ve. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of Trust or afforded bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />113. Saeseson sad Asks Boated; Joint and Several Liability; 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 provisions of paragraph 17
<br />hereof. All covenants and agrea mots of Borrower stud be joint and several. The captions and headings of the paragraphs of this Deed of Trust
<br />are for convenience only and are not to be used to interpret or define the provisions hereof.
<br />14. Notice. 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 prow 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 />15. Unites Dad of Trost; Governing Law-, SeverWMq. 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 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 Note conflicts with applicable law, such conflict shall not affect other provisions of this teed of Trust or the Note which can be
<br />given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared,,; im severable.
<br />16. Bermwsr'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. Trtaalvr of tiro 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 />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 sum's soured by this Deed of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if,
<br />prior to the sae 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 person is satisfactory to Lender and that the interest payable on the sums secured by this Deed of Trust shall he at such rate as Lender shall
<br />request. If Lender 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 all obligations under this Deed of Trust and
<br />the Noe.
<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 sums 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 />18. Acceleration; Rasodies. Except as provided is paragraph 17 hereof, upon Borrower's P�i' as of
<br />Roreoww IYN Heed of 7VutN, rdlNeg the covttmab to pay when doe any saw secured by this off. . e# egder prior, /w n
<br />allied =0 tooliee N Ron Near as provided In paragraph 14 hereof ^_yecdfyingt (1) The breach; (2) the ac 'iineb breach '(3) a
<br />Ms. nN Nos titan 30 don from tiro alas of modest Is aWled to Borrower, by witch such breach must be cared; sad (4) That fallure to care such
<br />beach m or before tits Mlle spedfled In the Notice my result In accekntlem of the sums secured by this Deed of Treat and ask of the Properly.
<br />71e native sW fowler hills Noarown of the right to rely tole after wcekntioe sad the right to bring a coon action to east" the non -
<br />aNlaoe of a defooit w fm other tNfase of Borrower to mccekratioe end said. If the breach Is viol cared on or before the date specified in the
<br />Talke. LAdar d Leadw's open my dollars all M the etas secured by this Deed of Trust to be immediately due and payable without further
<br />dtanaad sad may Invoke le power of ads aced airy other remedies permtted by applicable law. Leader shall be emoted to collect all reasonable
<br />I in and mass Incurred In panaiag the reaae 0 provided to thin paragraph 18, including, but mot Bashed to, reasonable settorney's fees.
<br />If tide porn of sN N ierrolad, Ttoon sW ruses a notice of tkfault In each county In which the Property or some part Thereof Is located
<br />sad d" aW copies of such notice In le aamw parseribed by applicable law to Borrower and to the other pennons prescribed by applicable
<br />law. Ahs is lope of add dow as may be required by applicable low, Trustee shall give public notice of sale to the persons sad In the manner
<br />Ianatsfiatl by Tq/raNlie low. TnOw. without did m Renewer, shmill will the Property of public section to the highest bidder at the time
<br />sad phase Mal masks, true in dsalgaa' In ore notice of ale lo one or more par"Is and In such order as Trstee may determine. Trustee may
<br />pelisses ak of raid w my plsed of On Property by pbYc saao wwwat at the time and place of may previously scheduled ale. leader or
<br />Ladder's Mmipmm my tits Plow" at slay male.
<br />Upss melp of pal of le prime bid. Tratee shall deliver to eke purchaser Tt a ae's deed conveying the Property sold. The taittdh is
<br />tit TrWWS deed timid be pies fork "Wan of Ow hatb of the statements Made thereto. Trustee shall apply the proceeds of the sale in the
<br />L star: (a0 a nti re--1 11 toots and ed thank, f 3
<br />hfNawiag tapnrta Including, [ast not Nastted to. Trustee's fees of vivo more lion .. _..
<br />M if VF ads rtes. reoasNN money's fees trod cosh of Mk evidence; (b) toed soots secured by this Dee® of Trost; and (c) the excess, it
<br />may. Malt F "i or pension Npllyr oad*d thorrao.
<br />1!. s Right to lk6nftk. Nei withstanding Lender's acceleration of the suits secured by this IIced of Trust, 1 lot Iowct Shull have
<br />the right have my proveatheirs belturt by Lendar to enforce this Decd of Trust discontinued at Acv ?ime prior to the CAI Ite. i;� r(crr „t tit the
<br />fifth day before the sole of tit Property pus m ant to the power of sale cunt sitter) in this Dcnf .,f Trust nr tit) en, ry 111 a iu,lgntent etc 11110 119 this
<br />f a$ Trust if (a) Bm~ pays Lenda at! surds which wtruld be then due under this Wed of I ua. the Not Ami iwiv, ,muting 1 111 we
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