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<br />by this Deed 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 Borrower, or if, after notice by fender to Borrower that the condemnor offers to make an award or settle a
<br />claim for damagges, 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 the sums secured by this Reed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shalt 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 />Li. Borrewse Not Released. Exte cis of the time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />grwded 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 shalt 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. Fsrkpaenee by Lender Not a Wdver. 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 Yens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Ddb of Trust.
<br />12. Reammft Cutwalative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Decd of Trust or afforded bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13. Successors and Assigns Boned; Joint and Several Liability; Captions. The covenants and agreements herein contained shall hind, 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. Notice. Except for any notice required under applicable law to be given in another manner, (a) anv 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. Utdfort• Deed of Tsure; Governing Law; SeverabBfty. This form of deed of trust combines uniform covenants for national use and
<br />ton - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Decd 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 he
<br />given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Noce are declared to be severable.
<br />lf. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execution, nr
<br />after recordation hereof.
<br />17. Transfer of the Property; Assumption. If all or any par[ of the Property or an interest therein is sold or transterred by Borov%er
<br />without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this feed of Trust. (b) Itic 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 grunt of any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, l
<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 he 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 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 feed of Trust and
<br />the Note.
<br />If Leader 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 prier to the expiration of such period, Lender may, without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph 19 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />13. Acceleration; Room". Except as provided In paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Borrower in 1116 Deed of Trust. Including the covenants to pay when due any sutras secured by this Deed of Trust, Leader prior to acceleration
<br />wall notice to Borrower so provided in peragnpk 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a
<br />due, ass has rings 30 days from the daft of notice Is tualled to Borrower, by which such breach trust be cured; and (4) that failure to care such
<br />. - c as or before die date specified in the notice only result is acceleration of the sums secured by this Deed of Trust and sale of the Property.
<br />The in" sligen fordter, Intense Borrower of the riot to reinstate, &Vz-r acceleration and the right to bring a court action to assert the non-
<br />exisgioncs, of defash or my Winer defense of Borrower to acceler ide-A atW ale. If the breach Is not cured on or before the date specified in the
<br />notit s, Linder at Leader's option only declare all of the ass secured by this Deed of Trust to be immediately due and payable without further
<br />demand end assay invoke fie pewee W ale and say other remedies pereaftted by applicable law. lender shall be entitled to collect all reasonable
<br />cow and grapossings incurred in poi sung the remodks provided In this paragraph lit, Including, but not limited to, reasonable attorney's fees.
<br />N dw power of ale is invoked, Trustee silwdill record a notice of default In each county In which the Property or some part thereof Is located
<br />and sW moN copies of aek notice in thol manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable r
<br />III*. After see r1W of such date in way be required by applicable low, Trustee shall give public notice of sale to the persons and In the manner
<br />prostrilsed by a plie" law. Trustee, widsut demand as Borrower, stall sell the Property at public auction to the highest bidder at Ike time
<br />and plant and Wier din tiros dedgemsed in the notice of sale in owe or swore parcels and to such order as Trustee may determine. Trustee may
<br />pnV@w pale of all or any passel W the Property by Public sammoo meat at the time arse place of any previously scheduled sale, leader or
<br />Lender's dtddsse assay ptnckase tie Property away eds.
<br />Upon resaillel of payment of to price bid, Trustee sW deliver to the purchaser Treace's deed conveying The Property sow. The mcitah In
<br />L follow tiro Tnsese's Mid AM he prhw fecle erldewoe of ale truth of the sfatemeats made therein. lrustre shall apply the proceeds of the sale in the
<br />order: (a) to aN runw6k rose and expegion of the sale, Including. but not tholied to, Troince's fees of not more Iban 3 r'a
<br />of see plow ale pike, reowmwbk atteraey's face and costs of a evidence. (b) to all sum secured by this lined of Trust: and Ir) thr excess, if
<br />my, to On porgiess or persons legally suddlai theeirle.
<br />19. 's VIIIM to ROWAtaft. Notwithstanding Lcndm's acceltrat i oil of the sums sec itred hp alts i>eed of I tu,t, llotn:wc't ,haII hate
<br />the right to have any proceedings begun by Lender to enforce this Ihed of Trust discontinued at amp Iimr preen to The earlier to .,,, ur � , t ii) ale
<br />fifth day before tie Alain of the Piagictty pursuant to the power of al: coniaurtmi in this Pecd rrt Trust m Iii$ entry "t "i l'idtirrrnt elfloroo� thi4
<br />Dead of Truss if: (a) Autfower pays teener oil sums which would he Ihen due under thi, I)sed of It—I the ti wd n,.wr r,tar rt re ) or,or
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