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10 <br />j05842 <br />by this'Dood of Trust immediately prior to the data of taking boars to the fro at 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 Borrowec, or if, after notice by Lender to Borrower that the condarnnor offers to make on award or settle a <br />claim for damages. harrower falls to respond to Lander within 30 days after the date such notice is moiled, Lander Is authorized to Collect and <br />apply The , at Lender's option, either to restoration or repair of the Property or to the suers stied by this Dead of Trust. <br />Unbas lenehe' tad Borrower otherwise agree in writing, any such application of proceeds to p dncipal shall not sxtcad or postpone the due <br />date of the monthly inualiments referred to in paragraphs t and 2 hereof or change the amount of such Installation. <br />i!. Borrower Not RekooW. Extension of the time for payment or modification of amonizatloa of the stets scoured by this Dood of Tntst <br />granted by Leader to any successor in interest of Borrower shall not operate to release, in any manner, the liability of The original Narrower and <br />Borrower's successors In interest. Lender shall not be required to commence proceedings against such successor or raw 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. Forbswses by Lads No a Waiver. 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 inturarce 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 secured by this <br />Lived of Trust. <br />12. Cemhuladve. 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 law or equity, and may be exercised concurrently, independently or successively. <br />13. Su ctsom and Amlgmm Beal; John and firmul 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. Ali covenants and agreements of Borrower sholl be joint and several. The captions and headings of the paragraphs of this peed of Trust <br />an 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 otter address <br />as Borrower may designate by notice to Lender as provided herein, and (b) any notice to i ender 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 Dad of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />IS. Uniform Dead of Trust; Governing Law; Seronbdgly. This form of deed of trust combines uniform covenants for national use and <br />nom- 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 Dad of <br />Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Dad of Trust or the Note which can be <br />given effect without the conflicting provision, and to this end the provisions of the Dad of Trust 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. TnnumM of the Property; Mampdeu. 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 leasebold 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 Dad of Trust to be immediately due and payable. Leader 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 this Dad 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 faits to pay such sums prior to the expiration of such period, Lender may, without farther 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. Acceleration, Remedies. Except as provided In paragraph 17 boat, upon Borrower's brooch of guy eevanaut or agree of of <br />Borrower In thin Dad of Trust, becMing the coveasats to pay when due any same secured by this Dad of Teri, Leader prior to tuceleradon <br />dad egad mice to Borrower as provided Is perogro h 14 hereof specifying: (1) the breach) (2) the mcdom regdred to cue snch bract; (3) a <br />do*, rat has Than 39 days frog the date of notice Is mailed to Borrower, by which sub breech must be cued; rani (4) dean fdnro to care sub <br />branch on or bdova the deft pacBMi to the notice coy result to aeceleration of the stew secured by This Dad of Treat sod ask of the Property. <br />The me" aid Mlhr Worn No own of do right to relsstak after acceleration said the riot to bring a tout uedou to now the aon- <br />otst.. of a /sleep or cap otYw tW m of idles *wr to ncederadon and sale. if the beach Is got cued on or before the date specified in the <br />n woe, Lender at L WW's Option may s on of the aw.ecured by this nag of Tmet to be dmmadlalely dot and payable without farther <br />demand and may Inv due power of cafe ov d nay other rswma poermitIM by applicable law. Leader" be added to count all reasonable <br />caw and expaneaa mound In por.ndog The remaifse provided Is this paragraph Is, Including, but raw Awned to, reason" attorney's tees. <br />err ea pat.« eel ale k luveitad. Trustee dmN heard a modec of defmp fn each county in which the Property w come put demot s located <br />and shall sad copies of meth m®dce In the mooner proscribed by applicable law to Borrower and to the other persons prescribed by applicable <br />law. After the Intent of each doe as coy be mia rod by oppliable law, Trustee mall give public made* of sole to The ;nevus and In the manner <br />0 1 by applicable law. Trustee. without deemed on Burrower,"sd the Property at public Imedem to the hlgirat bidder at the time <br />act place and an I the pew iMN - In the nwce of sale b eat or muse parcels and is sub order a Trot 1 my determine. Trustee may <br />potepsew tole of d w my parcel of The Property by public announcement at the doe and Vim of any previously scheided sale. Leader or <br />L ooder'e MaMnas am pafehana t o Property at my teak. <br />Upem raelpt of pat on of The price bbd, Trainees Ball deliver to the parchasr Trown's dad conveying On Property Told. The recitals in <br />do TnWet's Nei and be prime fade evidence of On Truth of the astemmb wN therein. Trustee W" apply the proceeds of the seek In the <br />follewltlg ordr (a) to eN r To 1 11t come and expense; of the sak, Incadiag, but am Backed to, Trwke's tent of caw more then ._._ _' _.. _ ° e <br />of The grow sob price, reasonable attorney's tea and toast of aide evidence; (b) to all some as, red by this Dad of TRW; and (c) the excm. If <br />my, to The preen or pars*" legally snow tberdo. <br />N. ooHOwer'e RfgiM to Ro ariate. Notwithstanding Lender's acceleration of the sums secured by this Dad of Trust, Borrower shall have <br />the right to have any proceedings begun by tender to enforce: this Decd of Trust discontinued at anytime prior to the earlier to occur of 0, the <br />fifth day before the sale of the Property pursuant to the power of sale contained in this Deed of "I'rust at (ii) entry of it judgment enf or ing thi, <br />Deed of 'Trust if (a) grower pays Lender all sums which would he then due under This Deed of 'f'rust, the Note and notes securing I utme <br />