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<br />by this Deed of Trust immediately prior to the date of taking bears to the fare t aiic,..clue ui ttte Pr ^Ixtty immediately prior to the date ol
<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 />r claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is trailed, Lender is authorized to collect and
<br />I apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Tv :st.
<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 I and 2 hereof or change the amount of such installments.
<br />1g. Borrower Not Relased. Extemion 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 trade by the original Borrower
<br />and Borrower's successor in interest. '
<br />11. Forbseweece by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by ipplicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment 4
<br />taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Deed of Trust.
<br />12. Remedies Cumulative. 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 bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13. Successors and Assigns Bound; Joint and Several Liability; taaptious. The , revenants and agreements herein contained shall bind, and
<br />the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subiect to the provisions of paragraph 17
<br />hereof. All covenants and agreements o 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 be used to interpret or define the provisions hereof.
<br />14. Notice. Percept for any notice required under applicable law to be given At another manner, (a) any notice to Borrower provided for in
<br />this Dad of Trust shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address a at such other address
<br />as Borrower may designate by notice to Lender as provided herein, and (b) any nonce io Lender shall be given by certified mail, return receipt
<br />requested, to Lender's address stated herein or to such ether address as Lender rray 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 Decd 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 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 (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 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 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 optfor, to aeCelerat: 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 provideti 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 I8 hereof.
<br />NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration; Remedies. Eteepl as provided In paragraph 17 hereof, upon Borrower's branch of any covens-it or agreement of
<br />Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration
<br />shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (21 the action required to cure such breach; (3) a
<br />date, sell less than 30 days from the date of notice is trailed to Borrower, by which such breach must be cured; and (4) that failure to cure such
<br />breach o0 or before the 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 />etdslesce of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified it, the
<br />aWke, 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 />dem and and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable
<br />coats and espemes incurred is 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 part thereof is located
<br />and SW ma6 copies of stack notice is this manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable
<br />law. After the Input of such time as may be required by applicable law, Trustee shall give public notice of sale to the persons and in the manner
<br />presrribd by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time
<br />sad /late mad under The terms designated in the notice of sale In one or more parcels and in such order as Trustee may determine. Trustee may
<br />p neloon ask of an or may parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or
<br />Lender's ', IV -e may pnrcknse the Property at any oak.
<br />L tine Upon receipt of payment of the prier bid. Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold. The recitals in
<br />Trra[e's deed shalt be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of The sale in the
<br />foopwTmg order[ (a) to an remonable costs mad expenses of the sale. Including. but not limited to, Trustee's fees of not more then
<br />of rise grew sale price, reasonable attorney's fees awl cats of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess. if
<br />may, to the person or persons legally entitled thereto.
<br />19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of itmt, Burrower shall has_
<br />the right to have any proceedings begun by Lender u;, enforce this Deed of -I test discontinued at any time prior 'o the ca tiler t,. , cur ..! ii, ti:;
<br />fifth day before the sale of the Property pursuant to the power of sale <untaiucd to this teed of Trust ur (iii c•niry oI a ludilincill cnb:)i.utg ihts
<br />Deed of Trust if: ta) Borrower pays 1_endet all .urns which wouid he then due ;ntdet this Deed ,,I I ru,t.:hc Note ;Ind note: 'Vovi „r ,r iuc
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