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IOU44 <br />by this Deed of Trust immediately prior to the date of taking [rears to itte feu market salue of the Property immediately prior to the date of <br />taking, with the balance of the proceeds paid to Borrower. <br />lf the Property is abandoned by Borrower, or if, after notice by Lander to Borrower that the <xutdcmnor offers to make an award or settle a <br />claim for dtirottget. 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 Leader's option, either to restoration or repair of the Property or to the stuns secured by this Deed of Trust. <br />Unkss Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due <br />date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of such installments. <br />111. burrower Not Roomed. Ettetswort of the time for paymmnt or modification of amortization of the sums secured by this Deed of Trust <br />granted by Leader to say 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 cwt be required to commatce 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 sueoessors in interest. <br />11. Forbsnauu 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 Leader shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this <br />Dead of Trust. <br />12. Done" CamWadve. All 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. Successors and Anigta Bound; Joint sad'Semmil Liability; Captions. The covenants and agreements herein contained shall bind, and <br />the rights harmilder shall inure to, the respective successor-. and assigns Of Lender and &grower, 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 />ate for convenience only and are not to be used to interpret or define the provisions hereof. <br />14. Ne [ice. Except for any notice required under applicabie law to be give n in another manner, (a) any notice to Borrower provided for in <br />this Dad of Trust shall be given by :nailing 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 presided for in this Deed of Trust shall be deemed to have been giver. to Borrower or Lender when given in the manner designated herein. <br />15. Usiforn Deed of Trost; Governing Law; Severabdtty. 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 lair, 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 Property or an interest therein is sold or transferred by Borrower <br />without Lender's prior written consent, excluding fa) 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, (:) a [ranter by devise, descent or by operation of law upon the death of a joint <br />tenant or (d) the grunt 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 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 :o the expiration of such period, Lender may, 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 />10. Accderotfea; Remedies. Except as provided is paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of <br />Borrower in this Deed of Treat, including the covenants to pay when due any sum secured by tits Deed of Treat. Leader prior to acceleration <br />shad nit sodoe to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the seldom required to core such breach; (3) a <br />daft. am leas thou 30 days from the date of notice is monad to Borrower, by which teach breach cast be cared; sad (4) that fall are to cure such <br />breach en or before the dose specified is the notice my result is mcceierstbn of the sums secured by this Deed of Trust mad sale of the Property. <br />The random, sham farther worm borrower of the right to rehanb after accelermdos and the right to bring a court action to snot the aoa- <br />etdskrne of ■ de[wk or any otlter defense of Renewer to sccakrotles and sale. If the breach is not cared on or before the date specified in the <br />mogice, Lanier as Larder's implies may declare ad of the sums secured by this feed of Treat to be immediately due sad payable without furtin <br />dented and miry Invoke the power of ale sod say other res edles permitted by applicable tow. Leader shall be entitled to collect A reasonable <br />cab end a zpetnsa factored in pursuing the remedies provided to [ids paragraph 18, tadaddeg, but not limited to, reasonable attorney's fees. <br />If the paper of sale is htroked. Trustee shad record ■ notice of default in each county in which the Property or some part thereof is located <br />and aW read copies of much ,odor is the , wt prescribed by applicable law to Borrower and to the other persons prescribed by applicable <br />how. Affair time blue of much time sa may be required by applicable tow, Trustee shall give public notice of sale to the persons sod in the summer <br />pneribud by applicable low. Trustee, without demand on Borrower. sW sell the Property at public auction to the highest bidder at the time <br />sod place and under the wren dedglosted is the under of ale In one or more parcels aced in such order a Trustee my determine. Trustee may <br />postpone ask of all or try parcel of the Property by public anaoancemul ere the time sod plan of may previously scbedutd sale. Lender or <br />laoia's dedg•ar may purchase the Property at any sale. <br />Upon raoeipt s1 payment of the prior Did. Trustee shale deliver to the purchaser Trustee's decd conveying the Property sold. The recitals in <br />L the Tr ow it deed shad be prim tack "Ides" f the troth of tine statements made tbereis. Trustee shall apply the proceeds of the sale in the <br />!s/serilg osier: (a) to err reasonable costs sad rapeaes of the ak, isded)ag, but not limited to, Trustee's fees of not more the ...__3_.. - "'� <br />of die Ve nab price, reoW=bk Worary's fees and costs of title rvideme; dbi to all soon secured by this teed of Trust; and fe) the excess. if <br />sexy. to die pesos or Herons legally eadded thereto. <br />lo. Borrower's Wski to Reinstate. Not- nfistand)nft Lender's acceie,atIon Of ;he sums wren td he th,r ]lent u! 77u,:. Horn oN er .hall !case <br />the tight to hdyt any prcncadrnp!, begun by Ieli,a t io enforce tins !land art 'true Ii,continued w :m, emir prim ?o the cw!lei oo:1 ;r i i:! '11t. <br />fifth day before the sak of the Pregxny ; ursuan! to the p;,wer of sale omramed in this Deed of Trust i +a 4m emr} �n t aclymc;n en!,tr�u,f th <br />heed of 7butt J fa) (3rrtnr.rrr i en r. .41 ;urns -huh sou:: f < 'her due utlaTr !hay flood r.{ ? r.;.! !it',- Nc lc err:,' : lc,.ris• Il <br />.—i <br />