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t <br />by this DW of Trust latmediallitlY Prim to the date of taking bean to the fair market value of the Property immediately Prior to the date of <br />tah", with the of Thaprociatill paid to Borrower. <br />If the property k by Borrower, or If, after notice by Lender to Borrower that the condemnor offers to make an award or settle a <br />claim fret dagagges, Dorraissur falls to respond to Lender within 30 days after the data such notice is mailed, Lender is authorized to collect and <br />the prosandis. as 's option, tither to restoration of repair of the Property or to the sums secured by this lamed of Trust. <br />Unless Lander and Borrower otherwise NM in writing, any such application of proceeds to principal shall not extend or postpone the due <br />date of the moaft lastaligiamts referred to In paragraphs 1 and 2 hereof or change the amount of such installments, <br />it, !meter Not Iklund. Extension of the tune for payment or modification of amortization of the sums secured by this fed of Trust <br />stated by Lendar to tiny successor In Wong of Borotve shall not gate to release, in any manner, the liability of the original Borrower and <br />Borrow's soccesson In Interost. L4n4w shall not be real" to commerce proceedings against such successor or refuse to extood time for <br />psyralutt or otherwise modify amortization of the sum; cured by this Deed of Trust by reason of any demand made by the original Borrower <br />and 's In Interest. <br />11. Fahmun by Crater Nat s Welm. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded <br />by 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 Ikns or charges by Lender shall not he a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this <br />Deed of Trust. <br />12. Ron i" Coa dagre. Ali 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 by kw or equity, and tray be exercised concurrently, independently or successively. <br />11. Sswreors set l Assign Bessd; ]olm said Several LIaMBfy; Captions. The covenants and agreements herein contained shall bind, and <br />this rights hervituder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 <br />hereof. AU covenants and greertetts of Borrower shall be joint and several. The captions and headings of the paragraphs of this feed of Trust <br />are for conveNeace only and are not to be used to interpret or define the provisions hereof. <br />14. Noting. 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 Tnun shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at Stich other address <br />as Borrower may dedgame by notice to Lander u 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 thin Deed of Trust shall be doomed to have been given to 9orrower or Lender when given in the manner designated herein. <br />15. UttIII Deal of Trust; CAsiveralm Low; Seve►abillib. This form of dad of trust combines uniform covenants for national use and <br />non- wdftrm covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of <br />Trust A" be governed by the law of the jurisdiction In which the Property is located. in the event that any provision or clause of this Decd of <br />Trout 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 />gives effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the None are declared to he severable. <br />16. 1leeroswr'a 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. Tranter M do Property; Asingailidlits. If all or any part of the Property or an interest therein is sold or transferred by Borrower <br />without Lender's prior written content, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the creation of <br />a purchw money security interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint <br />taant or (d) the gnat of any lareisold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, <br />declare all the suss 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 ask 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 Lender and that the interest payable on the sums secured by this Dad of Trust shall be at such rate as Lender shall <br />request. If LttsMt has waived the option to accelerate providded 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 Note. <br />if Larder 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 Ins than 30 days from the date the notice is mailed within which Borrower may pay the sums declared <br />dose. 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 IS hereof. <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />IS. ; Ralriles. EneW an provided In paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of <br />Borrower In ads Dead of Trot, Whistling the eov suass to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration <br />shad grad rating to )ionewer an provided I@ plarrignapth 14 bsreaf rpeclfyltill% (1) the bracb; (2) the action required to cure such breach; (3) a <br />ripe, am star tier 36 days nos tot dies of so" is enMed to Borrower, by which such btesch must be cured; and (4) that (allure to care such <br />h wh M or before the dery rpedflrd in the notice try result In acceleration of the sear secured by this Deed of Trust and sale of the Property. <br />Tie rarities shall ttreWr Infers No one of at ftM to rata after wedwallm and the right to bring a cow" action to reset the non- <br />qxhftow of a i 1 1- or any over d esae of so owe to accdee:tloe and sale. if the branch Is not cared on or before the date specified In the <br />toads Iasief at iwsdn'e optics trq darl- al of to secured by this Deed of Trust to be Immediately due and payable without further <br />dimes i and OW javoke the power of ale and any of pertritwJ by applicable law. f.ntler shall be entitled to collect all reasonable <br />t s wi el�rrrM hssfltd N psnsNhg too ranadat provided In this paragraph 13, including, but not fitnited to, reasonable attorney's fees. <br />1f the pwrar ode k Molud, Trstee a reeoed a soda of ddadt is each cosety In which the Property or some put tbareasf le located <br />and "sso copies of s och noting In Ne uwser praeffbad by sp/Ycable law to Borrower and to the other persons prescribed by applicable <br />bear. After On btpre of sub don an vM be required by applicable law, Trstee shed give public notice of ask to the persons and In the manner <br />is me IN by apilesMe Into. Trustee, without dwss/ an Borrower, lull sell the Property at public suction to the highest bidder at the time <br />ad plans all saline phis - daigoWd in the soling of ak is on of men parents and In such order as Trustee may determine. Trustee may <br />patpost teak of si or my passel of do Prop" by pub announcement at the first and place of any previously seheduled sale. [mien or <br />taasier'r irrlrasn sss lsf+San Bar lnptim st any alt. <br />Ups reeler of payaw of Ma pica Md. Trustee shall deliver to The purchaser Treette's deed conveying the Property sold. The rrcllah in <br />As TrwW* Mod 60 be pros is& #will"" of The lestb of the statements merle lberele. Trustee shall apply the proceeds at the sale In the <br />wdm oo lo coat lad trespass of"n stale, Including, but not limited lo, Trustee's fares of not more than <br />of lBt rsts ask piss, rases" anw"y's fees led cow of dtk ; (b) to all sum cured by this Ilerd of "rrusl; and (N the trews, if <br />ass, Nis Na pts4a or person kpgy nodded Ntereto, <br />it, 11herr~'sWelittellidansm. Notwithstanding Lender's acteleration of the sums secured by (has Reed of I' +err -,t, Ron ,user •halt h rsr <br />an fight to have any M rigs begun by Lender to enforce this teed of 'trust discontinued at any time Ili ;nr t.. the rwhel err k u, of ,!) the <br />fifth My before the seek of the Property pursuant to the power of %isle contained in this Deed tit Trust or (it) eau v „t a n +danuvnt clltor+ mri e tit, <br />IRS of Trust if: (a) Burrower pays Lender all sums which would be then due under this peril of Root, 1110 Nis oc a +,d ti"w. ,+ (if Ing i uowr <br />