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<br />by this Decd of Trust immediately prKr to the date of taking ?cars w the fair inarket 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 enckr within 30 days after the date such notice is mailed, Lender is authorized to collect and
<br />apply the proceeds, at Lender's optraa, either to restoration or repair of the Property or to the sums secured by this Deed of Trust.
<br />Udees Lender and Borrower otherwise agree in wnting, any such appliatwe of proceeds to principal shall not extend or postpone the due
<br />date of the motldy rnstalinmems referred to in paragraphs l and 2 hereof or change the amount of such installments.
<br />la. Be rmwer Not BMemed. Extension of the time for payment or modification of amortization of the sums secured by this Dead of Trust
<br />gramed by I. sder to any successor in imerest of Borrower shall etas operate to release, in any mantra, the liability of the original Borrower and
<br />Borrower's suooessors in interest. Lender shall = be required to commence proceedings against such successor or refuse to extend time for
<br />paysmat or otherwise modify amortization of the sums secured by this Decd of Trust by reason of any demand made by the original Borrower
<br />and Bo tower's success a in interest.
<br />11. Forboww by Lewder Nut a Wohier. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shell 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 Jima or charges by Lender shall not be a waiver of Lenders right io accelerate the maturity of the indebtedness secured by this
<br />Deed of Trost.
<br />12. Smaedks Cumuladvie. All remedies provided in this Deed of Trust are distinct and cumulative to any other tight or remedy under this
<br />Dead of Trust or afforded bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13. Smeeero, and Assiges Booed; Joint said Several Liability; Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shall intro 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 sex eral. The captions and headings of the paragraphs of this Deed of Trust
<br />are for convenience only and are not to he used to interpret or define the provisions hereof.
<br />14. Notice. Except for any notice required under appiicable law to be given in another manner, (a) any notice to Borrower provided for in
<br />this Dad of Trust shall be given by mailing such notice by certified retail addressed if,, Borrower at the Property Address or at such other address
<br />ms Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified trail, return receipt
<br />requested, to Lender's address stated herein or to such :arher address as 1,rttdez 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 Tres!; Governing Law; 5evdabilky. 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 c:py of the Note and of this Deed of Trust at the time of execution or
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<br />after recordation hereof.
<br />17. Transfer of the Property; Assumption. 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 iien 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 Lenders option,
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<br />declare all the sutras secured by this Deed of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if,
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<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 b' 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, anr% 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 arceieration 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, Lender may, without further notice or demand an Borrower,
<br />invoke any remedies permitted by paragraph 18 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />It. Acceleration, Remedies. Except as provk led in paragraph 17 hereof, upon Borrower's bnacb of any covteso or agreement of
<br />Borrower in this Deed of Trust, hKiuYeg the covemms to pay when due any sum secured by this Deed of Treat. Leader prior to acceleration
<br />shall =0 malice M Borrower as provided in paragraph 11 bereof specifying: (1) the breach; (2) the action required t® ewe such breach; (3) a
<br />dote, no lets tin 30 days from the doe of notice b &"W to Borrower. by which such breach nut be cored; and (4) that failure to care such
<br />Made as or before the doe specified is the notice my result in acceleration Of the sum secured by this Deed of Trust red sale of the Property.
<br />The modee shall further inform Borrower Of the right to MM99 k after accele ration and the right to bring a court ectieo to Wert the now
<br />alt, . - of a defoeN or any other deface Of Borrower to aexderstil" and sak. If the branch is not cured on or before the dak specified is the
<br />colon, Lewder m L.ader's option MY dedwe all of On sues seemed by this Deed of Trust to be immediately due sad payable without farther
<br />demand end may invoke the power of sale sod any other remedies permitted by applicable low. Lender shall be aphid to collect so reasonable
<br />cosh and expenses laces ed in pursuing the remedies provided in this prsgeso 18, isclu log, but not limited lo, reasonable attorney's rites.
<br />It the power of suit is invoked, Trustee shot record a notice of defsalt in each county is which the Property or aurae pert tier oaf ks located
<br />end d" anvil copies of such notice in the manner prescribed by appllesble law to Borrower sod to the other persons prescribed by applicable
<br />dew. Ater she Iowa of such aloe as any be required by applicable law, Truaee 5111111 give public notice of sale to the persons and is the mouser
<br />MmI Ire A by oppBe stile law. Trustee, without demand on Borrower, shell sell the Property at public merlon to the higbW bidder at the time
<br />and puce and reds ere teems de dgema d In the sedee of sale in our or more parcels and in such order as Trustee may desermine. Trustee me)
<br />pOStpoet axle of ON or any pored or the !ampere, by public announcement at the fist and piece of sty prevloeady scheduled sak. Leader or
<br />Lemdar's chignon may' pare. the Prop"" of cry sak.
<br />Upon rses10 of peytu M of she price bbd. Trusser ab" deliver to the purcbsstr Trustee's decd conveying the Property sold. The recitals in
<br />she Treeem's deed ShA be prime lack evidence of the truth of the stelemests made therein. Trustee shall apply the proceeds of the sak in the
<br />106000% ones. (s) to all reasonable cosy sod espouses of the sok, including, but not Nmkld to. Tre ► tee's fees of not more thss
<br />of she from nk Mice• remove" an ruey's few end costs of title evidence: (b) to W sums secured by this need of Treat and (c) the escea%. if
<br />any. to Ne putts, or po "W io olly marled thereto.
<br />1p, iarrower'e � w Rslmaoe. !Watw•ithvtanairay !.ender'. arce3rtausrrs -� i the s.unts +rcure+] hg t ?its F)ceti of Trust. Flnrruwrt shall ha +r
<br />the rilsht to have any plucceeftrtits begun Pry 1. "t"de! ', + enf(7tcc. lltls !)Ml of 1 rust dtSCOmmued at env aurae Pri.,r ro t!tc ear'trr to e4'cttr of o)
<br />fifty. day before ;hc Wale "i r.fsc f °r.+ city A+ <rxa;nrr! to 'ht r- ?wrt of +.ale lowamcd it; this Deed ot �:) a•ntrs r?! a ;udg?ncnt enfV, :rug ills
<br />ilee,d of 'ftutl it !a; hol'o-t- Lertin aU sr:rts wntih ur,liki !T tit.ar glue -ruder !hi, Dmo :. I !:r %,,:r :i.ld rWz l I,rcu >inh 1 ,4! rr
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