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87-- 104318 <br />by this teed of Trust Immailehdy prior to the ditto 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 Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a <br />"n 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 Lender's option, either to restoration or repair of the Property or to Iberians secured by this Deed of Trust. <br />Utthas Leader and Borrower otherwise agree In writing, any such application of proceeds to principal shall not extend or postpone the due <br />data of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of such Installments. <br />10. Do not Not Redsond. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust <br />granted by Lander 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 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. Forbunion by Leader 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 liens or charges 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. Ruaredlss Cumulative. 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 />13. Saeeemera sad Assigns Booed; Joint and Several Limbldty; 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 convoinknce 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 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. Usi ferm Dead of Trust; Governing Law; Severabldty. This form of deed of trust combines uniform covenants for national use and <br />trot- 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 Deed of Trust or the Note which can be <br />N <br />given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared to w severable. <br />16. Borrower'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. Traaater of the Property; Assumption. If all or any put of the Property or an interest [herein 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 ksasehold 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. Lender shall have waived such option to accelerate if, <br />prior to the We 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 parson 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 />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 />rte Note. <br />If Leader exerciser 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 falls 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 lg hereof.± <br />r <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />10. Accelerations; Remdla. Except a provided In paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of <br />Borrower In ibis Deed of Trent, hodiodiag the covenants to pay when due any sums secured by this Deed or Trust, Lender prior to acceleration <br />stud null notice to Borrower an provided In paragraph 14 bet f sp•clfying: (1) The breach; (2) the action required to cure such breach; (3) a <br />deft, act leas dm 30 days from The date of notice Is leafed to Borrower, by which nick breach most be cured; and (4) that failure to care such <br />hooch on or before the late epe ciflei in the notice any result In se coleratlon of the sums secured by this Deed of Trust mad sae of the Property. <br />The angles tduY furlha Worm Borrower of the right to Mutate after acceleration and the right To bring a court action to assert The non- <br />assistance, of a ,tumult or any other defense of Borrower to acceleration aaa sae. If the breach Is not cured on or before the date specified In the <br />Moslem, Leander at It , I optkm .say eI are d of the so= secured by this Deed of Trust to be immediately due and payable without further <br />demand and may invoke The power of Nk and any other remedies permitted by applicable law. Leader shall be entitled to collect all reasonable <br />costs and a pT havnfrei te pso niog the feima ill W provided is this paragraph 18, including, but not limited to, reasonable attorney's fees. <br />B the power of side Is isiveluN, Trutm shad record a notice of default In each county in which the Property or some part thereof Is located <br />and Wall mad espies of such notice Is the minnow prescribed by applicable law To Borrower and To the other persons prescribed by applicable <br />haw. After the lyre of such dim a any be required by appdeable law. Trustee shall give public notice of sale to the persons and In the manner <br />prooaAW by ypNe" law. TrMWtee, without demand on Borrower, shall Wail the Property at public auction to The highest bidder at the time <br />and /lase and aid the soma I 'act- In the seem of ode in one or more parcels and In such order as Trustee may determine, Trustee may <br />f Ilim Nat ofd or any pored of the Property by public manouncement of The time and piece of any previously scheduled sale. leader or <br />1.4Mder's dim any twrcho m Time Property at ally sale. <br />Upon rraWat of paymiaN of the price bed. Trustee shad deliver to the purchases Trustee's deed conveying the Property sold. The recttsh in <br />L <br />Ne TrtMa's deed Wb@N be prim fade evk4NeY of the Truth of the statements made therein. Trustee shall apply The proceeds of the sale In the <br />fa older (U N so run a hi cods Nd "plum of ohm sale, Including, but not limited to. Trustee's fees of not more than _ 3 0 <br />of fbe gross sate price, reaNMable onstraey'a fees aMd tests of title evidence; IN to all sums secured by this Decd of Trust; and 10 the escess. If <br />eery, to the *Wr"is or pomm legally, food" theme. <br />I9. 's RiglrttoPAdmtate. Notwithstanding Lender'%acccleration of the %urns sec it real by I fit s Peed of I rust, Iinrrowet shill ha%e <br />the right to have an proceedings begun b Lender to enforce this Need of Trust discontinued ai an tree trot r the carIit r +` +ccur I n` the <br />ah Y tow as beg Y r <br />� <br />fl fib day before the sate of the Property pursuant to the power of sale comatnet) in tau+ Peed of 't'rus t m uiI onus ,t it iudmiiwoi a it ,+i, urpt tar. <br />f i of Trust if' tit) Narrower pays Leader all sums which would he then due undo, this Peed of I nr.t, 'he v,ac ;veal o0te..: ^canna I mur, <br />