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by this heed of Trust immediately prior to the date of taking hears to the fair market value of the Property immediately prior to the date of <br />faking, with the balance of the proceeds paid to Borrower. <br />If the Property is abandtived 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 authorimdd to collect arM <br />apply the proceeds, at Larder's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. <br />Units 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 instAments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. <br />10. Borrower Net Released. Extension of the time for payment or modification of amortization of the sums cured by this Des! of Trust <br />granted by Leader to any successor in interest of grower 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. Forbtnaema by Leader Nola Waives'. 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 he a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this <br />Deal of Trust. <br />12. Remedilas Cumulative. All remedies provided in this Iced of Trust are distinct and cumulative to any other right or remedy under this <br />Deed of Trust or afforded by taw or equity, and may be exercised concurrently, independently or successively. <br />13. Soccomms and Assigns Bound; 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 agreements of Borrower shall he 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 provided for in this Dead of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />IS. Uaifeua Deed of Trust; Govenderg 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 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 />given effect without the conflicting provision, and to this end the provisions of the Deed of "Crust and the Note are declared to be 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. Treader of the 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 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 sale 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 peen 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 peed 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 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; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of <br />Borrower in this Deed of Trust, Including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration <br />shall nog notice to Borrower an provided In paragraph 14 hereof specifying. (1) the breach; (2) the action required to cure such breach; (3) a <br />ems, not hen Own M days from the dare of notice is mimed to Borrower, by which such breach most be cared; and (4) that failure to cure such <br />Its on or before the date specified in the notice my result in acceleration of the sums secured by this Deed of Trust and sale of the Property. <br />The nodee shall further later= Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the men - <br />asddeacr of ■ defoo t or any otber defeuse of Borrower to acceleration and sale. If the breach is not cured on or before the date specified In the <br />wtica, Leader at Lender's option way declare erg of the sum secured by thin Deed of Trust to be Immediately due and payable without further <br />(eased sad my Invoke the power of Cede and my other remedies permitted by applicable low. Leader sing be entitled to collect all reasonable <br />cents sad expenom bleared in pub the remedies provided in this paragraph 19, including, but not Boiled to, reasonable attorney's fees. <br />H the power of oak he hooked, Trustee slate record a notice of default in each toasty In which the Property or some part thereof is located <br />and shall mall coon of such notice In the maser prescribed by applicable law to Borrower and to (be other persons prescribed by applicable <br />law. After tine hie of tech dme an my be required by applicable law, Trustee *Mali give public notice of sale to the persons tied in the manner <br />prescribed by applicable bow. Trustee, without deemed on Borrower, slag sell the Property at public auction to [be higiresl bidder at the time <br />and phee and under the terms designated In the notice of sale In one or more parcels and in such order as Trustee may determine. Tra(re may <br />poospone snk of ed or my parcel of the Property by public announcement of the time and place of any previously scheduled seek. }.ender or <br />Lender's doillan may prorchow the Property at may auk. <br />U revelp of payment of the price bid, Trustee shell "ver to the purchaser Trustee's eked conveying the Property sold. The recitak in <br />tine Tnrhes's doed shall be Whole fade "veneer of the truth of the statements made therein. Trustee shall apply Ike proceeds of the sale in The <br />order: (a) to all rear milik coats and expemtes of the sale, iael"o 1, but not United lo, Trustee's fees of not more then _ _ _i .. _®1s <br />of Or Von sale prim, roesomahk attoraey's free sad cents of title evi®esce; (b) to all sums secured by Ibis Deed of Trust: and (c) the eiotrsr, if <br />any. to titer person or thereto. <br />It. Dorr~m RISM to Relooftle. Notwithstanding I ender's acceleration of the sums secured by this lleed trt ku,t, Rol o »er shall have <br />the right to have any ptfoc-e liens begun by tender to enforce thin D".d of I rust diweontinucd at any time pt 1111' to 1 11 CMhCr n, .recur 0I (i) the <br />fifth stay brfswc the We of the Property purtuam to the pgwet of We contained in ibis Dal of I rust sat tit) cntrs ,.f a iudgment cutornua dt!, <br />(teed of trust 4 pal 110flower pays I :cuder all sums which would b€ then due undet th,¢ Detd of l nw, the Noie and notc, ,el sunup. I rare <br />