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5b 1 VIV4 <br />oy this Deed of Trust immediately prior to the date of taking bear 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 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 Deed of Trust. the due <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone <br />date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of such installments. <br />10. Butrower Net Released. Extension of the time for payment or inodification of amortization of the sutras secured by this Deed 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 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. Forbearance by Leader Not 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 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 secured by this <br />Deed of Trust. under this <br />12, RemeeYns Caasalative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy <br />Deed of Trust or afforded bylaw or equity, and maybe exercised concurrently, independently or successively. <br />13 Suceeesors sad Assigns Bound; joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and <br />the rights hereunder shall inure to, the respective successors arid assigns of Lender and Borrower, subject to the provisions of paragraph 17 <br />t <br />tions and headings o1 the paragraphs of this Deed of Trust <br />hereof. All covenants and agreements of Borrower shall be joint and several. The cap <br />are for convenience only and are not to be used to interpret ar define the provisions hereof. <br />14. Notice. Except for any notice required under applicable law to be gr • en 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 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. ray <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 he: em. <br />15. Unifcm Deed of Trust; Governing Law; Severabdity. 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 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 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 />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 />Transfer of the Property; Assumption. If all or any <br />17. part of the Property a e interest therein is seed or transferred a 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 leasehold interest of three years or less not comaining an option to purchase, Lender may, at Lender's option, <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 be soid 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 front all obligations under this Deed of Trust and <br />the Note. <br />celerate, Lender shale mail Borrower notice of acceleration in accordance with paragraph 14 hereof. <br />if Lender exercises such option to ac <br />is mailed within which Borrower may pay the sums declared <br />Such notice shall provide a period of not less than 30 days from the date the notice <br />due. If Borrower fails to pay such sums prior to the expiration of such period, Lender rnay, 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 />19. Aeeelersdom; Renton. Except as provided is paragraph 11 hereof, upon Borrower's breach of any covenant or agreement of <br />eo <br />Borrower is thin Deed of Trost, iacludimg the covenants to pay when due any sums secured by this Deed of Trasl, Lender prior to acceleration <br />shall email mots to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a <br />dase, act less them 30 days from the date of notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such <br />breach as or bereft the date specified in the notice may result in acceimtiou of the Bums secured by this Deed of Trust and sale of the Property. <br />The motee W" [nether isform Borrower of the right Io reinstate after acceleration and the right to bring a court action to assert the non - <br />exiewm a of a default or any other defense of Borrower to acceleration and sale. if the breach is not cured on or before the dale specified in the <br />aetke. Lender at Lamtkr's clans may declare all of the sum secured by this Deed of Trust to be immediately due and payable without further <br />desmamd sad my Invoke the power of ask sad say other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable <br />coo and capems I Incurred is pmtrsmlag the remedies provided in ibis paragraph 19, including, but not limited to, reasonable attorsty's fees. <br />if the power of sale is invoked. Trustee shag record a notice of default In each county in which the Property or some pawl thereof Is located <br />aM stag male copies of sell aotke is the Maser prescribed by applicable (sw to Borrower and to The other persons prescribed by applicable <br />law. Afire the lopes of wok time as may be required by sppNeable law. Trusts shall give public notice of silk to the persons and in the manner <br />prescribed by applicable law. Thwstee, without dem Band on Borrower, shall sell The property of public auction to the highest bidder at the time <br />ray plan sod under On terns designated IN the notice of exit in out or more parcels and in such order as Trustee may deteralne. Trustee may <br />poeyome sae of all or any parcel of tit Property by public announcement at The time and place of any pfevlousiv scheduled sale. Lender or <br />Undeer's destfgrne may pardwe the Property at any ale. <br />Upon rteelN of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Properly sold. The recltah in <br />the TrnNse °s deed simN he prima fade evidtace of the troth or the statements made (herein. Trustee shall apply the proceeds of the ere In the <br />folluwing order: (a) in all ressoambk costs and eepensa of tie sak, Including, but not limited tin, 't rust",% fees or not more Ohs" <br />of the grow nit price, reasamsbk attotaty's fees and costs of title evidence; (hI to tit sums secured by this eked of 'frost; and Ice the esctws, it <br />stay, to the person or persons legally entitled thereto. <br />19, Borrower's Right to Relnatate. fNotwuhstanamg I.^.nder', aack anon c +t Ihr aunts %C, III by thn !)red ,+; i nrsl, let tuna hht I h!c c <br />be ugh? to have any txoceec)tuas [wg +ut hq I ender tci cnfonr Itu�. decd „t 7tuvr al +uvnmur•d a• am dent, poor + the e;uner .n o+,w al + I +,+ <br />! ?ftlr jay heime the sale of the ('fopelir purtirtaat u, the power untamed rat tens Ile. t ot 1 Ili- ,I I r++ cot , ! it !udgmcnt e111-, ' <br />t 9iM ?1 rat - it: +st if lest H,:,rrnwcr I-ass I tnc.ler nil �.uav, shr.n wouid to thrn a,!r -.nuke !hr. i.ecd ��! 1 i�.. <br />�- ' t .n;.1 i rqc. . l,nr mr, I .. <br />�i <br />I`� <br />