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ro <br />a <br />1� <br />• <br />by this Dead of Trust immediately prior to the date of taking boars 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 />claim for damages. Borrower fails to respond to Lender within 30 days after the slate 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 Deed of Trust. <br />Unless Lender and Borrower otherwise a" in writing, any such applkation of prom to principal shatI not extend or postpone the due <br />date of the monthly Installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. <br />10. Borrower Not IbMlaand. Extension of the time for payment or modification of amortiutkm of the sums secured by this Dead of Trust <br />granted by Lender 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 amortimlon of the sums secured by this Dad of Trust by reason of any demand made by the original Borrower <br />and Borrower's successors in interest. <br />It. Forbowasa by Lender Waiver, Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded <br />by applicable taw, 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 enured by this <br />Deed of Trust. <br />12. Reamba . All remedies provided in this Dead of Trust are distinct and cumulative to any other right or remedy under this <br />Dodd of Trust or afforded bylaw or equity, and maybe exercised concurrently, independently or successively. <br />13. Sooca ore sad Assigns Bad; Joist sod Noveral 1JaM4ty; 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 convenience only and are not to be used to interpret or define the provisions hereof. <br />14. No". 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 "I 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'taddress 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 Dee! of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />15. Un$orfu Deed of Treat; Governing Law; Severabillty. 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 shalt 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 Decd of Trust or the Note which can be <br />given effect without the conflicting provision, and to this end the provisions of the Dead of Trust and the Note arc declared to be severable. <br />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Decd of Trust at the time of execution or <br />after recordation hereof. <br />17. Transfer of the Property; Aswfuptiou. If all or any part of the Property or an interest therein is sold or transferred by Borrower <br />without Lender's prim written consent, excluding (a) [he 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 join[ <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 />Aare 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 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 thi3 deed 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, tender may, without further notice or demand on Borrower, <br />invoice any remedies parmitted by paragraph 18 hereof. <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />18. Acoderstioo; Refunding. Except a provided in paragraph 11 hereof, open Borrower's breach of any covenant or agreesteat of <br />Borrower In 1his Dto d of Tram, Including Moe covess®d to pay when due any sum ereored by this Deed of Trot, Leader prior to acceleration <br />AM oW notice to Borrower as provided to paragraph 14 hereof specifying: (1) the b reach; (2) the action required to care such breach; (3) a <br />dpe, not late $sus 30 dsp from the date or notice is snagged to Borrower, by which tech breach riot be cared; sad (o that fart to cure such <br />him as or before die Ape specified Is the notice any reds in aceeeerstin of the seem secured by ibis Dad of Trot and nk of the Property. <br />7W notice dash further moors Borrower of the rat to Mataf3e atlter s celerados sad the right to bring a cowl action to itpert the Move <br />eadanm of a defaedi or any enter defeap of Borrower to seederstioo end ode. If the breach In not erred on or before the date speed fkA Is the <br />notice, Leader at Leader's option fury decors all of the caw new by this Dad of Trans to be Imfuedlately due and payable witbeal further <br />Aaand sod my Invoke On power of gab and nay giber reeaedier permitted by applicable law. leader shunt be tvdlkd to cobat all reasonable <br />ocean w expenap heerrad In period" But reamAlea provided In 1W poragraph 18, secluding, but sot Belted to. reaaossbk attetuey's fees. <br />If doe power of sole is ftvaheA. Truism sM record a entire of deft M each county is which [be Property or some part thereat Is bated <br />sod aim noW eopfu of such ns-6 In flor manager proscribed by sppNaik law to Borrower mull to the other pence proscribed by applicable <br />her. Add the lyaa of sue* dm n sty bt ragsiod by loll, It law. Trustee "give public notice of ale to the persons sod In the manner <br />prescribed by applicable flow. Trifude, what remand on Borrower, dmN sell the Property at public auction to the highest bidder at the title <br />nA plea nd tatter $m fawns AamdiaaNd to tie wtlae of ode Is oat or owe psreek cad In each order as Traeger may defensive. Trustee may <br />Postpone onto of al or any parent of de Property by pA k nsnsoesep at the date and place of any previously scheduled ndc. Leader or <br />L.tuM's I ll way purchase the Props y of my Wr. <br />Uprso raodpl M payment of Nee prior bid, Trans AM deliver to the purchaser Transacts Aced conveying the Property sold. The recitals is <br />dw''rune's dealt tloll be prim fade evidence M *a ugh of the statements mode thmit. Trustee shall apply the proccods of the "!!o not the <br />order: (s) to od rye coed sod exp ssng of the sole. wog, but set Naked to, Trotn's fan of not more them ._._.__. ._..__.. �. <br />of the gas ale poke, rognanooW snorsey's fees sod cools of dde evidence. (b) to all sums secured by this Deed of Trual: and (c) Ike excess. If <br />any, to $tot pwmm or perae to legally eadded danote, <br />11. Bwv~s NWH to Rolloggeoft. Notwithstanding Lender's acceleration of the sums secured by (his lead td Trust, lhttnraer shall have <br />the right to have any proceedings begun by Leoder to enforce this feed of fruit discontinued at any time prior to the carlicr to .xcur of (i ) the <br />fifth day before the. sale of the Prouty pursuant to the power of sale contained in this Deed of Trust or (aid entry of w judgment enforonx this <br />Deed nf'f'rum if (a) iosrtrom pays Lender all gums which would he then due under thts Decd of trust, the N„tc and toter %mwina [unite <br />r' <br />