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<br />by this Aced of Trust immediately prior to the date of taking bears to the fair market value of the`Pfoperty immediately prior to the date of
<br />taking, with the balance 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 />ally the proceeds, at Lender'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 referred to in paragraphs 1 and 2 hereof or change the amount of such installments.
<br />10. borrower No Belawd. Extension of tie time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />panted 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 interest. 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 !hums 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. Fotbaraw by Leader Net 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 liens or charges by lender shall not be a waiver of Lender's right to accelerate the maturity of tl,e indebtedness secured by this
<br />Deed of Trust.
<br />12. Rome" Cumtsladve. 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 may be exercised concurrently, independently or successively.
<br />13. Successors and Adger Booed; Joist and Several LabWty; 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 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 and are not to be used to interpret or define the provisions hereof.
<br />14. Nodee. 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 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 />15. Uniform Deed of Trum. Governing law; Severablbty. 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 kw 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 feed of Trust of 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 to be severable.
<br />16. Rnrre"'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. Trander of the Prop"; 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 eked 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 stems secured by this Deed of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if,
<br />prior to the sak 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 Lander 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 teed of Trust and
<br />the Note.
<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 runts 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 />It. Acceleration; Remedies. Except as provided is parkgre" 17 hereof, upon Borrower's breach of may covenant or agreement of
<br />Botrown In this Deed of Trust, including the covemmis to pay when due any sum seemed by this Deed of Trust, i.eader prior to acceleration
<br />SW used aadee to Borrower as provided is paragraph 14 hereof specifying: (1) the breach; (2) the action required to core such breach; (3) a
<br />tbete, net less them 30 bays from the 4m of notice is sled to Borrower, by which such breach must be cured; and (4)1bat failure to cure such
<br />Mach am or before the date specified In the notice my readt is wcvkrsdoa of the suss secured by this Deed of Trust and sale of the Property.
<br />The codes idmi tnrdw hdwm Borrower of the right to relsstate after aecelivi loo and the right to bring ■ court action to assert the oon-
<br />earetace of a d~ or any other detente of Borrower to acceleration and sok. if the breach is not cured on or before the date specified in the
<br />codes, Lelia at Leader's option my declare d of the sees secured by thin Deed of Treat to be immediately due and payable without further
<br />demand and say Invoke the tower of ask and soy other rem perraNtei by applicable law. !.ender shall be entitled to collect aB reasonable
<br />taw and expown Inesrrd In puraia0 the remedies provided is this pusgraph 10. Including, but not limited to, reasonable attorney's fees.
<br />It the power of ak 4Invoked. Trustee shag record a notice of defmdt In each county is *hick the Property or some part thereof It located
<br />and shut wand rapiss of such sodce In the steer prescribed by ayplicsile dew to Borrower sod to the other persons prescribed by applicable
<br />hm. After the began of arb dme m am be reeked by appbeabe law, Tr sin sfutl give public notice of sale to the persons and In the manner
<br />prawlilled by applicable low, Tnslee, wlthant ' I on Borrower, 9W sob the Property at public auction to the highest bidder at the time
<br />tad Phan act tm I Nee IN doWsoMM In the netiee of sole is use or more parcels and in such order as Trustee may determine. Trustee may
<br />pat -0 ak Of d of ay pareN of the Property by public s umnnocesest at the time and pace of any previously wrheduled sale. lender or
<br />Ltnnla'it dasIII my porewe the Pnpaty tie My sole.
<br />Upon nedO of pa'snat of the prke bid, Trustee sW deliver to the purchaser Trusiee's deed conveying the Property sold. The recitals in
<br />Ow TnnMte's deed art be pefmm fade evidence of the truth of the statemab etude therein. Trustee shall apply the proceeds of the seek in the
<br />111111111 111 otda: (a) to d raasaNle east and etaperum of the ode, Including. but not Wafted to. Trustee's fees of not more than _ . 3 e'.
<br />of rue 1leas sole price. rabmNk mtsonsey's fees and rose of aide evidence. (b) to oil sums secured by Ibis geed of Trust: and ec) the excess, if
<br />unit, to the /erase or priors key added thereto.
<br />1f. Borrower's Night . Notwithslanding I.Cei ier'4 accCleranon of ilic sums wcured h+ tht, Doed „t l,r n.t, liar I l.w,: hail it el
<br />the to have any proceedings begun by Vendet to enforce„ this teed of trust dowontimmil at any titre Rnur to the ear iwi i it , *t t it taw
<br />fifth day Wave the sale, of the Property pursuant to the twiwer of vale contained in this Deed ,d 1 e u,+ m f lit emu, ..t a lkaigi,tcna cw —,!"o rho,
<br />lit oaf Trust it: fa) MZrrower gays Lender ale seems which would be then due under the, (hif'li oe inn ti.• n _ !.. -ur:ng t
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