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<br />by this Deed of Trust immediately prior to the date of taking tarp i. :, the !ate rna:ket 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 at'. 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 />date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments.
<br />10. Soerower Not Rdoosed. 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. 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 err remedy. The procurement of insurance or the payment of
<br />taxes or other liens or charges by Lender shall not he a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Deed of Trust.
<br />12. Remedies Cumulative. A.] remedies provided in this Deed of Trust are distinct and stimulative 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 Assigns Bound; .iolnt 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 ititm and se,cral. The captions and headings of the paragraphs of this Deed of Trust
<br />are for convenience only and are not to be used to interpiet or define the pro, "isions hereot.
<br />14. Notice. Except for any notice required under applicable law to be g„ en rat another manner, (a) any notice to Borrower provided for in
<br />this Deed of Trust shall be given by maiiiitg 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 Londe- as provided ;!crest:, and (b) any notice to Lender shall be given by certified mail, return receipt
<br />requested, to Lender's address stated heretr 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 ncer, 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 comtiture a uniform security instrument covering real property. This Deed of
<br />Trust shall be governed by the law of the juri;dicnon in which the Property is !sated. In the event that any provision or clause of this Deed of
<br />Trust or the Note conflicts with applicable law, uch conflict shall not affect other provisions of this Deed of Trust or the Note which can be
<br />given effect without the conflicting proN wan. and to this end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />16. Borrower's Cop). Borrower shall he turiushed a conformed copy of the Note and of this Deed of Trust at the !ime 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 t a) rate creation of alien or encumbrance subordinate to this Lked 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 conutining an option to purchase, bender 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 scid or transferred reach agreement in writing that the credit of
<br />such person is satistactory to Lender and that the interest payable on the aunts sea ured by this Deed of "Crust shall he 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 Decd of Trust and
<br />the Note -
<br />If Lender exercises such option to accelerate, Lender shah mail Borrower notice of acceleration in accordance with paragraph 14 hereof.
<br />Such notice shall provide a period of not less than ',D days frorn [tie date the notice i, 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 I il hereof.
<br />NON - UNIFORM COVENANTS. Borrower and 1_ender further covrnani and agree as follows:
<br />18. Accelerstion; Remedies. Except as 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 "frust, tender prior to acceleration
<br />shad mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the action required to care such breach; (3) a
<br />dale, not less than 30 days from the date of notice u mailed to Borrower, by which such breach must he cured; and (4) that failure to cure such
<br />brewh on or before the date specified In the notice may mull in acceleration of the sums secured by this teed of Trust and sale of the Properly.
<br />,rise notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring it court action to assert the non -
<br />exLieace of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before Ike date specified in the
<br />notice, Lender at Leader's option may declare all of the sutras secured by this Deed of Trust to be immediately due and payable without further
<br />demand sold may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable
<br />costs and expenses Incurred in pursuing the remedies provided In this paragraph 18, including, but not limited to, reasonable attorney's fees.
<br />If the power of sale is invoked. Trustee shall record a notice of default in each county in which the Property or some pan thereof is located
<br />end shall mall copies of such notice In The instruct prescribed by applicable law to Borrower and to the other persons prescribed by applicabtr
<br />low. After the lapae of such time as may be required by applicable law, Truster shall give public notice of sale to the persons and in the manner
<br />prescribed by applicable low. Trustee, without demand an Borrower, shall sell the Property at public auction to the highest bidder at the time
<br />and dace and soda the terms designated In the notice of sale In one or more parcels and In such order as fruslee may determine. Trustee msy
<br />postpone sale of all or any parcel of the Property by public announcement at the time and piece of any previously scheduled salt. bender or
<br />1wider's dtsipee may purchase the Properly at any sale.
<br />Upon receipt of payment of the price bid., Trustee shall deliver to the purchaser "trustee's deed conveying the Property told. The recitals in
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<br />tier trustee's deed shelf be prima facie evidence of The truth of the slatemenis made therein. I nester shall apply the proceeds of the .sale in the
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<br />fulluwltng order; (a) to all reasonable costs and esprawN of the safe, includink. but out limited to, "i'rusare's fees of not more than b
<br />of The gross seek price, reasonable attornrv'v tern and tosta of title ertdrncc; obi ear Lill sums secured by this Dmit of I ruti; and lei the twess, if
<br />any. To the person or persons legally entitled thereto.
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