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<br />by this Deed of Trust immediately prior to the date of tak;ng beard to the tair 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.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due
<br />bate of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments.
<br />16. Borrower Not Roles". Extension of the time for payment or modification of amortization of the sums 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. Forboarwte by Lender Not a Waiver. Any forbearance by 1 -ender 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 i r 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 />Dad of Trust.
<br />12. Remea m Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Dad of Trust or afforded bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13. Sneeessu s and 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 and assigns of Lender and Borrower, subject to the provisions of paragraph 17
<br />hereof. All covenants and agreemen4 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 />141 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 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, retu 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 Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Uniform Deed of Trust; Governing Law; Severabiilty. 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 />17. Transfer of the Property; Assumption. If all or any part of the Properly 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 leasehold 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 Deed of Trust to be immediately due and ravahle. Lender shall have waived such option to accelerate it',
<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 soured 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 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 e. maned within which Borrower may pay the sums declared
<br />due. 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 19 hereof.
<br />NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration: Remedies. Except - provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Decd of Trust, Lender prior to acceleration
<br />shelf a" notice to Borrower as provided in paragraph 14 bereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a
<br />date, not lea than 30 days from the date of notice Is mail" to Borrower, by which such breach must be cured; and 14) that failure to cure such
<br />breech us or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sate of the Property.
<br />The toffee aWl father (dorm Borrower of the right to reinstate after acceleration sod the right to brig a court action to assert the non -
<br />eablana of a default or any other defense of Borrower to eccelention and sale. It the breech is not cured on or before the date specified In the
<br />notice, lender at Lender's option nay declare fill of the swim secured by this Deed of Trust to be Immediately due and payable without further
<br />demand sand may Invoke the power of ask sod any other remethes permitted by applicable law. [.ender shall be entitled to collect all reusosdbte
<br />costs and tipeuses incurred is pursuing file remedls provided is this paragraph 1s, including, but not limited lo, reasonable attorney's fees.
<br />It tie power of Zak M Invoked, Trustee shati record a notice of default in curb county in which the Property or some part thereof is located
<br />and A" mall copies of such aotke is the mum prescribed by applicable low to Borrower and to the other persons prescribed by applicable
<br />law. Afar the bpse of tuck time as may be required by Alall"ble law. Trustee shall give public sotke of sok to the persons and in the manner
<br />prescribed by opplkabk low. Trustee, witlnwt demand on Borrower, %ball sell the Property at public auction to the highest bidder at The time
<br />and pines and under the terms designated In the notice of link in one or more parcels and In such order as Trustee may determine. Trustee may
<br />poatpas, mk of all or any parcel of the Property by publk announcement at the time and place of any previously scbedmled sale. Lender or
<br />[ rder'a dksigum may purchase the Property at may ask.
<br />Upon rdtcsipt of psytuent of the price bid, Trustee shall deliver to the purchaser 'l rude*'% deed conveying the Property sold. The recitals in
<br />doe Trustee's deed sWl be prises, tack evidence of the truth of the statements made therein. Trustee shall apply the proceeds of The sale in the
<br />L following order: to all reasonable: costs mad expenses of dive sate, including, but not limited to. Trustee's fees of not more than 3
<br />of the goose ask prke, reasonable attorney's fees and costs of flits rvidence; (h) lot ali sums securer[ by thin Decd of 'trust; and (cd the escess, iI
<br />ay, to the peenoo err prisons kgaiiy estilted terreto. d
<br />14. BofralwWri fight to "asdute. Not* it list undmlit I ender , arrclernum of the sums •.screed ht thi, Ikred of int�t, Hotrr•wer ~hail ?ia,r �
<br />the right to have any I)rrxredinw, heloin hs I ender to Col. rree au. Recd ..I in the eailr,lr 10 0-111 •I Ii1 tut
<br />fifth day be(tHe rite sale of ter. PrnlMrtti pni +cant Iv ter power ,;1 •.:air r.�ani,med m ih,. Oecd of ! nr.t ni r�: cini� o..r iudKniem rnf,n, :uY
<br />1.Wru if'
<br />ireo J id) Hnir,rwct pray I ender ,Il hhrth ,N i „J h+c 111`11 ilw, :ndrr ter, 1)rv'I "I Th, Now end
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