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1 <br />, 87-- ;:1453'4 <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 tho Pro arty 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 />apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Decd 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 />data of the monthly installments refereed to in paragraphs I and 2 hereof or change the amount of such installments. <br />10, Borrower Not Belsomed. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust <br />grunted by bander to any successor in imerut of Borrower shall no operate to release, in any manner, the liability of the original Borrower and <br />Borrower's successors in interest. Lender shall no be required to commence proceedings against such successor or refuse to extend time for <br />payment or otherwise modify canonization 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. Forbsoaoe by Loader Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded <br />by applicable haw, 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 />tastes or other liens or charges by Lender shall no be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this <br />Deed of Trust. ' <br />12. 111 11 Ca eda im. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this <br />Deal of Trust or afford by law or equity, and may be exercised concurrently, independently or successively. <br />13. Smctnasars and Ash Bond; Soto 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 agreemems 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) any notice to Borrower provided for in <br />this Deed of Trust shall be given by retailing 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 Leader'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 Dew of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />15. UmHorm Death of Trw`t; Goverdft Law; 5everabltky. This form of dad 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 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 Dad of <br />Trust or the Noe 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 Trust and the Note are declared to be severable. <br />if. 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; Aasumpd". 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 teasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, <br />declare all the sums sectored by this Deed of Trust to be immediately due and payable. 1x der 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 soli: 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 Deed of Trust and <br />the Noe. <br />If tender 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 no 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, Gender 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; Romadim. Except as provided in paragraph 17 hereof, tepee Borrower's bract of my covenant or agreement of <br />Borrower In thin Deed of Tans. ladndag tine covenants to pay when due my same secured by thin Deed of Trust, leader prior to acceleration <br />shad small notice to Borrower an provided In paragraph 14 hereof specify1W. (1) the bleach; (2) the action required to care such breach; (3) a <br />dam, not less 111am 31) days from tale elate of modee k mailed to Borrower, by which such bract taut be cared; ad (4) lbat faftttm to core awk <br />tpeuatI on or before the dote specified in the metice any result to weeieradon of the son segued by this Drell of Trust nod ask of the Property. <br />The motioe shall further imfetrso Borrower of the right to reinstate after acceleration and to right to bring a court action to assert the nail- <br />of a defoso or my Other defense of Borrower to acceleration and sale. If the breach is mot cured o0 or before the date specified In the <br />ae►tioe, Loather at Leader's op lom my declare ON of the swan secared by this Deed of Trash to be immediately due and payable without further <br />demand and may hivelw line power of ask and my other condom persoMed by gRYmsble law. Lender std be a added to collect aB reasonable <br />ceW and expenses hKoeM Is lassoing the reeredes provided In thin paragraph 11, hatiod mg, but mot belted to, mason" a termey's fan. <br />If On power of win b Invoiced, Tromm dallrecoid a notice of defask in each county Is which the Property or some part thereof is coated <br />and shall mall coon of such modest b the answer prescribed by applicable low is Borrower and to the other persons prescribed by applicable <br />low. After Me lapse of such their an my be requited by applicable law, Trustee shall give public notice of sale to the persons and In the oars" <br />prnerfhd by gplieahk bass. Trustee, without lewd on Borrower, sluoll sell the Property at public auction to the highest bidder at the time <br />and pbare and ander the muss dmlppn/ed Is tine notice of ask in one or seem parcels amid Is such order an Trustee may tkternalmse. Trustee may <br />It sale of ON w may porn) of the Property by pubic ammommemeot at the time and place of my lrevioually scheduled sah. Lead" or <br />Landers s I (psm may pa A Nu Property at any ask. <br />Upm males of payment of she prior bid, Trustee sball deliver to the purebaser Trustee's deed conveying the Property sale. The recitals is <br />the Timor's deed *0 be prison fads evidence of the truth of the statements weft therein. Trustee " apply the proceeds of the sak to the <br />kffimiag order. (a) h all reusoablm cesd and expenses of rise ode• inclutbeg, but sot limNd to, Trustn's fen of not more than _ _ % <br />of dm gprose sak pries, moseable atlwmey's fees awl costs of Ntie evidence; (b) to ON muss secured by this heed of Trust; and act the excess. If <br />my. to she person or persons legally o*WW then4o. <br />to. BerrewWa FJW to Reinstate. Notwithstanding lender's acceleration of the sums securest by this Deed of Truer. Borrower shall have <br />the right to have any Proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior rot the earlier to occur of (i) the <br />fifth day before the sale of the Property pursuant to the power of sale contained in this Dred of 'Trust of (it) enter of a ludgment enforcing this <br />flied of Trust if: (a) Borrower pays fender all sutras which would be then due under this Deed of frost, the Noe and notes shining Future <br />