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by this Deed of Trust Immediately 10268C) <br />y prior to t10 tier sea e e r t, r, .r c arkrt ,•oast of ,he i' ?vile immediately prior to the date of <br />taking, with the balance of the proceeds paitf to Harrower. <br />If the Property is abandoned by Borrowef, or if, after noilice by Lender to Br>rrowrr that the cartdeu;nor offers to make an award or settle a <br />claim for damages, Borrower fails to respond to Lender within }t7 days after the date such notice is mailed, tender is authorized to collect and <br />apply the proceeds, at bender's option, either to restoration or repair of the property or to the slims secured by this peed of Trust. <br />Unfaa 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 D and 2 hereof or chance the amount of nosh installments. <br />M. Borrower Not Released. Extensiun of the time for payment or I'MAification 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 rt]ca.e, tit any manner, the liability of the original Borrower and <br />Borrower's successms 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 soured by chi% peed of Tru o by reason of any demand made by the original Borrower <br />and Borrower's successors in interest <br />11. Forbeenaee by Lander Not a Waiver. Any forik.arance by Lender in ; xzr retie); env right or remedy hereunder, or otherwise afforded <br />by applicable law, shall not be a waiver of or preclude the exercise of env sucl; right o: rem °sy . I be procurement of insurance or the payment of <br />taxes or other liens or charges by tender shall not be a waiver of Leader's right u, accelerarc the maturity of the indebtedness secured by this <br />Deed of Trust. <br />12• ReweMel Cumulative. all remedies provided in this Deed of "f rust are diatuct and ;umulat!ve to any other right or remedy under this <br />Deed of Trust or afforded by law or equity, and may be exercised concurrenliy, indeperidends or tuccessivety. <br />13. Soccsssors sad Aseigm Bound; Joint and several L.iahitlty; captions. The ,;wenam, and agreements herein contained shall bind, and <br />the rights hereunder %half inure to, the re'Z'ectrw successors and aaslgrs of !.chili -: an 3 d sub}ect to the provisions of paragraph 17 <br />hereof. Ali covenants and agreements of !iorrower shall he ioim and several. Tin: ca {;;;ores and h- <br />are for convenience only and are riot Iu ire tiled ro interpret or define the pre %is!ons t,crcot. <br />14. Notice. Except for any notice requned undr applicabie law to he great, ;n another mariner, ter) any notice to Borrower provided for in <br />this Deed of Trust shall he giver, :,y mal:: g 1uch notice by certified mail addressed to lorrower at the }'roper ty Address or at such other address <br />as Borr"eT may designate by nonce ;0 1-under as pro %;ded herein. and (h; any notice to Lender ball tr.� given by certified mail, return receipt <br />requested, to Lender's address stated hereu; or to inch ;ether address as Lender ray dc. %ignate by nonce to Borrower as provided herein. Any <br />notice provided for in this Deed of Trust shalt be deemed to have been given to Lori ower or Lender when given in the manner designated herein. <br />IS. Uaifor m Deed of Trust: governing Law; tieverabllity. T'tirs form of Jc.d of Iru,t cot ;bores uniform covenants for national use and <br />non - uniform covenants with limited variations tic iursdicimn to constittne a unif.xm %ecurh% instrument covering real property. This Deed of <br />Trust shall he governed by the law of tric 1,41-15d;cltoll ;n which the Property is iocatrd. In the event that an% provision or clause of this Uerd of <br />Trust or the Note conflicts with appticat ?Ir law, such conflict ,hail not itffect other provisions of this Deed of 7-rust or the Note which can be <br />given effect without the conflicting p,(` Itson, and to this end the provisions of me heed of Trust and the Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be furnished a conforrned copy ref ;fie Note and of this Decd of Trust at the time of execution or <br />after recordation hereof. <br />17. Transfer of The Property; Amumptlon. if all or any part of ihr Property or an interest theren, is iol ur transferred by Borrower <br />without Lender's prior written consent, excluding ta) the.remion rat a lien or encumbrance subordinate rn this Deed of - Trust, (b) the creation t, <br />a purchase money security interest for household appliances, (c) a t :anster ray devise, descent or by operauoa of law upon the death of a iumt <br />tenant or (d) the grant of any leasehold interest of three years or less not , :uma�mng an option to purchase. Lender may, at Lender's option. <br />declare all the sums secured by this Deed of Trust t,, be immediately due and pe.,ablc. 1 ender shall ha%r waived such oprron to accelerate if, <br />Prior to the sale or transfer, i eedr' Arid ills .nom :he Prop <br />-� .arty i5 in hr ,,,fa ,ir transferred reach agreement to writing that the credit of <br />such person is sat:sfactory to Lender and that ,he raerrst Payahlc on the win% sesurrd bq 'his Deed of Trust shall hr at such rate as fender shall <br />request. If Lender has waived Litt ciiptlarj to a :sri ^rate provided in this paragraph i7, sod :f Borrower's successor in interest has executed a <br />written assumption agreement accepted in writing lie lender, i euder shall reliase Bittower atom all obligations under this Decd of Trust and <br />the Note. <br />If Lender exercise such option ay accelerarc, Lanier shall maxi Burrower notice of acceleration in accordance with paragraph is herrot. <br />Such notice shat] provide a period of not less that; 30 day, trorn the date she nou.e I% Mailed wuh,n whicl, Borrower may pay the suns declared <br />due, if Borrower falls to pay such suns prior ,,, ;hr expiration of such pernxf, Lender :nay. without further notice or demand on Borrower, <br />invoke any remedies permitted by paragraph l5 hcrr ,f <br />N ON- L %NIFORM COVENANTS. BORoWer arid I -ender further covenant and .ig,r a, follcrw,f: _ <br />It. Aceeltratioa; R,eateeties. Except as provided in paragraph 17 hereof, upon Borrower's bresch of My covens at ui agreement of <br />Borrower le this Deed of Trost, iachadlng the covenants to pay when due any sums secured by this Ihrd of Tnnt, I etedei prior to acceleration <br />shON m" notice to Borrower as provided in parattrapb 14 hereof specifying: (I) the breach; 12) the action required to cure such breach; (3) a <br />11a1t, sot I— the 39 days from the date of notice Is mailed to Borrower, by which such breach must be cured: slid 14) that uch to cure such <br />bleach w Of before the date its sled In the holier enay result fn acceleranon of the sutras sectored by this Deed of Trust and safe of the Property. <br />Tht tsetlee shill ttert►er iefterm Borruwrr of the right to reinstate after acceleration sad the right to bring a corn action 10 assert the non - <br />sidaft a of • 4WOW1 Of stay other defense of Borrower to weelerstion and sak. it the breach is not cured on or before the date specified is the <br />tteNee, [similar <br />at Leader's trpitkea may declare all of the sums secured by this Deed of Trust to be immediately due and psyabk witbout further <br />demand mail testy invoke the power of saw and any ntki, reeledies permitted by applicable law. Leader shall be entitld to collect all reasonable <br />(zest& ssd eapeauea lmcarred in persefag the remedies provided in this paragraph 18, including, but not limited to, reasonable attorney's fees. <br />It the Awes• of sae is invoked, trustee shali record a notice of default in each county in which (be Property or some part thereof is !vested <br />aeN1 tAaN etuN copes of smcY rioter IN the easateav prescribed by applicable law to Borrower and to 'fie Other persons prescribed by applicable <br />law. Aker the NM of s wit time m may be required by applicable law, Trustee shall give public notice Of We to the persons and In the manner <br />prowribld by OPPOC bk law. Trwstse, witbout demmmd on Borrower, chid sill the Property at public auction to the b,igheat bidder at the time <br />MW place rail tetedar the terms desigattlyd is the notice of sink In tree or more <br />peMpotr rile et IN w Y parcels and in such order a Truster mss determine. Trustee may <br />Y psrcef of the Property by public abmwecemeni at the time and place of any previously scheduled sale. Lender rut <br />L ooh t•'s dowilma may porrkasa the Property at may eek. <br />l4as taealpl Of pstytaeat of the price bid, Trwl,tw %bola deliser to the purchaser Trustee's deed conveying flit Propeny void. the reciiats in � <br />the Truatads ifaed shall her ptimu fuck evideant of Ibv Iry <br />th of eke stmtteeenes made therein. Trestle shah ■ <br />pply the proctrds Of the sale in the <br />tr♦teeritlg etdut. tap to am eeaw"Isie costs teed expeases Ot the link, itrcfudiug, but not limited ,o, I rustee •% fees of not more than <br />W t Nis fine +' reas+)smhte attNrary's ftsrs aaet rusts of tale rvtdvnec tbi t•i s,l cams wcared by this !.teed of Trust; and Ici the rams, it fi.e <br />any to the trenote w psnosv legaNv rantkd rheret , <br />N. Borrower's Right to Relaytalt •ot tt an ht a I rr ei c ra, n 'i r t <br />c u:. i i. Ili r.. ,•a c'. .hat <br />life rasht to have ata'v psis t t tae L,, <br />±f,h slit) t,cfxe ;tit sa-tc, , the ikw <br />erh <br />