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<br />by this feed of Trust immediately prior Ur the date of witiry, cars u, aye lair market value of the Prnperty immediately prior to the (laic 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 suc11 notice is mailed, Lender is authorized to collect and
<br />r apply the proceeds, at Lender's option, either to restoration or repair of the Proplerty or to the sums secured by this Deed of Trust.
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<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds w principal shall 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 instalhirtenis.
<br />10. Borrower Not Released, Extension of the time for payment or modification of amortization of :lie stims secured by this Deed of Trust
<br />granted by Lender to any successor in interest of Borrower shall not operate to release, in any mariner, :tw 4ia1 at> of the original Borrower and
<br />Borrower's successors in interest. Lender shall not be required to commence proceedings against vu z, < e ox refuse to extend time for
<br />payment or otherwise modify amortization of the sums secured by this Deer! of Trust by reaaosi of ar,ti , n or made by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in .xercising 0' „+ ;a , >#seunlda, or otherwise afforded
<br />by applicable law, shall not be a waiver of or preclude the exercise of any such r iy to or : emee; i t, ,c +, ,, , eTq ,-i insurance or the payment of
<br />taxes or other liens or charges by Lender shall not be a waiver of Vender'., ,ight to accelerate the ^sr a ;b <r" ,re -ndebtedness secured by this
<br />Dad of Trust.
<br />12. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cLIMU'alivc to any other right or remedy under this
<br />Deed of Trust or afforded by law or equity, and may be exercised concur rent iy, independently or successively.
<br />13• Successors mad 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 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 hc used to interpret or define [tic 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 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. 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; Severability. 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 shalt 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. It 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 am fiances, (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 or 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 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 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 on Borrower,
<br />invoke any remedies permitted by paragraph 18 hereof.
<br />NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />'11. Acceleration; Remedies. Except as provided In paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Borrower in Ibis Deed of Trust, including, the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration
<br />shelf mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a
<br />date, not long than 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 on or before Ike date specified In the notice may result In acceleration of the sums secured by this Deed of Trust and sale of the Property.
<br />The notice shall further Inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-
<br />existence of a defsall or may other defense of Borrower to acceleration and suit. It the breach is not cured on or before the date specified in the
<br />notice, Leader at Leader's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further
<br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all reawnabie
<br />costs and expanses incurred In pursuing The remedies provided in this paragraph 18, Including, but not limited to, reasonable attorney's fees.
<br />if the power of ask is Invoked, Trustee shall record a notice of default in each county In which the Property or some part thereof Is located
<br />[tad shall wait copies of such notice in the manner prescribed by applicable low to Borrower and to the other persons prescribed by applicable
<br />law. After the lapse of such Noe as may be required by applicable law, Trustee shall give public notice of sale to the persons and in The manner
<br />prescribed by appMcable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time
<br />mad pace mnd under the leras "gated In the notice of sale in one or more parcels and In such order as Trustee may determine. Trustee may
<br />PoNpoae ak of and or may parcel of lee Property by public announcement at the time and place of any previously scheduled sale. Lender or
<br />Lender's dlalgaee way purchase the Property at may seek.
<br />Upon recalls[ of peysaemt of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold. The recitals In
<br />L the Trwtee's did *" he Pelson facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale In the
<br />fGNOWWg order: (a) to ON reasonable costs and expenses of the sale, Including, but not limited to, Trustee's fees of not more than . ___1 ____ _ "'n
<br />Of the grou ask price, reasonable attorney's fees and costs of title evidence; f h) (tt all sums secured by this Deed of 'Frusta and (c) the excess, if
<br />any, to the person or persons legally entitled thereto.
<br />19. Borrower's Right to Reinstate. NotwithstaadinK Lender's accelerators of the suns, Necured by this Deed of fru,t, ilofrower .hall hd'v
<br />the right to have any ; rdk.cedirtgti hegun by I.Crider to enlorec. Ih!s Uced of I ruNt discontinued at any Mlle poor to the eallict to o.,w ,I Iii '1x•
<br />fifth day t cfore the +ale act the Pn.,Ixxly ptlrsnanl n. the p, >we4 act Sale contacted in thin heed of f rust or tn! Vitt} act ;t :udgment entorc llIo Ih•.
<br />Ocr,l -f Irn51 if: tai 11(mlowcr hay+ I ender 4411 'amt Mli,1; w -old bs.. Ours due finder this Dred of !In't. Oil N"T" at,i mate. ,e,uiIlly, I wt:
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