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r <br />Bra- 102010 <br />by this Deed of 'Trust 1❑i fit e: a,c:y tir'tor to the duit of tae ::,✓ < "t, ,o . ne taH i!i.l Y aw,i. of ^lx Pro pt- iy nttmedi3teI, pri or to the dose t,: <br />taking, with the balance of the prcx i:cds paid to Snrawer. <br />If the Property is abandoned by Borrower, or if, at notice tty [.ender to 13:.: ro.cr :flat the ccindemnor offers to make an award or settle a <br />claim for damages, Borrower fail: to respond to Lender within 34) days Al "Cr the dare 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 sum,, secured by this Deed of "Trust. <br />Unless Lender and Borrower otherwise agree in writing, any such apphcataon of proceeds to principal shall not extend or postpone the due <br />date of the monthly installment: referred to in paragraphs l and 2 haw' ;rr change :he amount of such instalments. <br />10. Borrower Not Released. Extension of cite time for payment or ,ixlificamon of amortisation of the sums secured by this Deed of Trust <br />granted by Lender to any successor in interest of Borrower shall net opt. a: e ;o reiraSe, in any manner, the liability of the original Borrower and <br />Borrower's successors in interest. Lender shall not be required to cvnmirncr ; ,t.t :e :cftngs against such successor or refuse to extend time for <br />payment or otherwise modify amortisation of the sums secured by this Deed ,,f 1',as: 'ty reason of any demand mails by the original Borrower <br />and Borrower's successors in interest. <br />It. Forbearance by Lender %of a Waiver. Any fort,, -aran e by i rt le, rxzt 1,,m' mt, grit or :emedy hereunder, or otherwise afforded <br />by applicable law, shall not be a waiter of or prrc -rude the excrci� of art : rtgn- i _se pi ocurement of insurance or the payment of <br />taxes or other liens or charges by Lender shall not he a was%ci of Lciixlin i.gr, c isa tc uu nwiui ity tit the indebtedness secured by this <br />Dad of Trust. <br />12. Reeedia Cumulative. All remedies provided in this Deed of I_iw*1 AT :ivl - sici and c,,mi)iartve to any other right or remedy under this <br />Dad of Trust or afforded by law or equity, and Wray tie exerci.ed Concurs cn ON. : ;idrpri t'. °ut ?. uccessiyell <br />13. Successors and Assigns Bound; Joint abd Sever it [.lability; Captions. T h.- +truant,, and agr cement s herein contained shall bind, and <br />the rights hereunder shall inure to, the respecti". :ucce«or+ air' aiatRr. of 1 rl­t Burrower. suhjcct to the provisions of paragraph 17 <br />hereof. All covenants and agreernenu of Borrower shall be )o r.. a itt ,c: e: ii it.t: and headings of the paragraphs of this Deed of Trust <br />are for convenience only and are not to tt• used to;nterpret or ;efine rlie tat ^ertvl <br />14. NoOm. Except for any notice rrcluired urOci applicable taw to tie gi ci. ;z, another mariner, raj an> notice to Borrower provided for to <br />this Deed of Trust shall be given by mailing such raoucr by iernficd mail aldr,-sled t,; Sorro,ver at the P open, Address or at such other address <br />as Borrower may designatc by notice to Lender as pro,idcd herein, and (vi .im noose iu !.ender shat; he g:-en by certified triad, return receipt <br />requested, to Lender's address stated herein or !o such ashes address as Lender rna ;rs ;gnace by not.fce to Borrower as provided herein. Any <br />notice provided for in this Deed of Trust shalt he deemed to have been given to Borrower or Lender when given fn the manner designated hereto <br />15. Uniforms Deed of Trust; Governing Law; Severabiiit). This torm i:f deed of to ;st combines uniform covenants for national use and <br />nor.- uniform covenants with limned cariatior:s . t,v jurisdiction To.:on,mrivc a :inilorin securvN instrument covering real property. This Deed of <br />Trust shall be governed by the law of the )unsdiction tit which the Property o located. in the event that any provision or clause of this Deed of <br />Trust or the Note conflicts with applicable law, ctich conflict ,hail not affect other prvs isiom o; this Decd cif Trust or the Note which can be <br />given effect without the xti is *.ing pro%isfon, and io rins end the provsaons of The Deed of Trust and the Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall tk furnished a conformed cops of the :'tore and of this Decd of Trust at the time (if execution or <br />after recordation hereof <br />17. Transfer of the Property : .Assumption. £f all or any part of rtir Properly or an interest therein is sold or transferred by Borower <br />without Lender's prior written consent, excluding sat the creation of a hen or encumbrance subordutair :o this Dodd of Tru =t. (b) the erratum ut <br />if purchase money security interest lot household ap piiancrs. (c) a transfer try devise, descent of by opcianon of law upon the death of d joint <br />tenant or (d) the grant of any leasehold interest of three nears or less nor containing an option to purchase. Lender may, at Lender', option, <br />declare all the sums secured by this Decd of Trust tat he ir[mediatety due and pasahle. Lender shall have waived such option to accelerate if, <br />prior to thesale or transfer, !ender and the person :,t whom the Property K to be i... riansterred reach agrecrne.,t !n xnting !hat the credit of <br />such person is satisfactory to Lender and that the an „crct payable -on the +ums secvrcd by this !feed of 7 rust shalt mat such rate as lender shall <br />request. If Lender has waived the option to accelerate provided in this paragraph ! and If Borrower'S successor in interest has executed a <br />written assumption agreement accepted in wnmrtg by t ender. I ender hall ielea,e Borrower from ail obligations under this Deed at Trust and <br />the Note. <br />If Lender exercises such option to accelerate, Lender hall mail Burro-c' notice of aCCCleration it, acc rdanre with paragraph Iii hereof <br />Such notice shall provide a period of not less tiiart :d days front the date the notice is maimi within which Borrower may pay the sums declared <br />due. if Borrower fails to pay such sums prior to the expiravon of such period, Lender n:ay, ,stihoui further toffee or dentand on Borrower, <br />invoke any remedies permitted by paragraph 18 hereof <br />NUN - UNIFORM COVENANT S. Borrower and Lender further covendn. end agree a:. hollow; <br />It. Accoin flow: Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of on) covenssl or agreement of <br />Borrower in lob Deed of Trust, Includiat the covenants it) pay when due any sums secured by this heed tit Trust, Lender prior to acceleration <br />shall mail notice to Borrower as provided in paragraph 14 hereof specifying: tl) the breach: ;2) the action required to cure such breach; (3) a <br />date, not bier than 30 days from the date of notice is rammed to Borrower, by -hicb such breach must be cured; and ft) that failure to cure such <br />branch mss or before the date specified in the notice may result in acceleration of the lusts secured by Ibis Eked of Trust and sale of the Property. <br />The wllm aMR farther lefavta Burrower of Ike right to Mostate after acceleration and the right to bring a court action to assert the noo- <br />(TWeaee of a defauh or any other defesae of Borrower to acceleration and side. If the breach is not cured on or before the dale specified in the <br />sallea, !elder at i.eader's option may declare sit of the sums secured by lids Deed of 'Trust to be .lunwiliately due and payable without further <br />deism <br />land lay invoke the power of sale and any other remedles permuted by sppikabk law. Lender shall he entitled to collect all reasonable <br />east sad expenses incurred is pursuing Ike 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 tech county in which the Property oe some part thereof is located <br />sad shall a” copies of sacb notdn in the nsmarcr prescribed by applicable law to Borrower and to the other persons prescribed by applicable <br />low. After the apse of me% time as may be required by applicable law, Trustee shall give public notice of sale to the persons and in the manner <br />Ponibtel by sppYcakk law. Trta/ee, wltboat deamasd on Borrower, shall sell the Property at public auction to the highest bidder at the time <br />W plane and tinder the tercel doalgooled in the notice of sale in oar or more parceh and In such order as Trustee may determine. 'Truster may <br />paelpaae fain of ter: or my parcel of Ike Property by public announcement at Ibe, time mad place of say previously scheduled sale. Lender or <br />Leeds's dowease may purchase the Property at any sak. <br />Upon eutaipl of paymest of the price bid, Trustee shag deliver to the parchaser Truster'% deed conveying the Properly sold. The rmhais In.. <br />the To man a deed W" be prima facie vvidetace of the tratb of the vtalements mutt therein. Truster shall apply the procmds of the lair in the <br />following sadist (a) to all reasonable cools mad expeoses of the sale, including, but not limited tai. Trustee's fees tit not most than .3 v <br />of the rem MIR prix, tesowwbk allarney's fees and costs of title evidence: !bb to all sums secured by this Treed of T rust: and (r c the esresv, If <br />sty, to the /seam or psrsosns :Berl y entitled thereto. <br />19. iAorMwerb Right to Reiw<utate, Notwuhstary `u•4 I ,: n , . ,i;e ..iim (.,, ,,, - +this 1,wej of 1 .:,I B( l, Cr ms ,Lai? Mast <br />the :bah[ it: have am txrtcee,4", txmlin t,e t. -:ride, : _. Vill.u,_t I hi, ik, :d ..._, .stn. ,:: t � , ,ni r.. he �e i >t- . , :ts <br />, <br />rtttrc day <br />for Lhe wit (,t tilt, I, e :EN . ,v h; rb,wer ,:r ..,:c ., .ueo•, «i -r tha lire,: 1 a ti,nr, . n'•.: r. ho <br />f'ke+.: s.?F feud ,f tx+ Fk,••era rr i�.aP+ 9 t,.J:r all ,.flans .. n:_), .,,.ai:: °._ i. :. ac• •: ;rt '... c•, ..�.� .��,. . :... ,... a s.. G � _ •�. <br />dCl <br />t�> <br />