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?Jb-- L"1000U <br />by this Deed of Trust immediately prior to the date of faking 'rears !e; t^ tau enaTkci alue of the Properly immediatty prior to the date of <br />mking,. with the balance of the proceeds paid to Borrower <br />If the Property is abandoned by Borrower, or if, after notice by Lender I $%mower that the condemnor offers to make an 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 sutras secured by this teed of Trust. <br />Unless Leader and Borrower otherwise agree in writing. any such application of pioccc is 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. laerowef Not Released. Extension of the time for payment Or modification of amortisation of the sums secured by this Deed of Trust <br />grunted by Lender to any successor in interest of Borrower shall not operate III, efetse, in any manner, the liability of the original Borrower and <br />Eorrowees successors in interest. Lender shall not be required to commence pro:eedtags against such successor or refuse to extend time for <br />payment or otherwise modify amortization of the stuns secured by this Deed of 'Crust by reason of any demand made by the original Borrower <br />and Borrower's successors in interest. <br />11. Forbowswe by Lender Not a Waiver. Any forbearance by Lcnder _n :vcrCising any right or remedy hereunrict, or otherwise afforded <br />byrtpplicabielaw, shall not be a waiver of or piexlude the exercise of any siteh fight or remedy. T hr procurement of insurance or the payment of <br />taxes or other liens or charges by lender shall not he a waiver of Lender's : igIv to as:LxIcralc the maturity of the indebtedness secured by this <br />flied of Trust. <br />12. Resedb Cumulative. All remedies provided in this Deed of'rru%! arr distinct and cutnviative to any other right or remedy under this <br />Deed of Trust or afforded by law or equity, and may be exercised concurrently. Independentfy or success :vely. <br />13. Ssceasons and Assigns "awil; Joint and 5everaf liability: Captious. !1hr covenants and agreements herein contained shall bind, and <br />the rights hereunder shall inure to. the rer,peexive successors and assigns of l.cadrr and Hot rower, ,ub)ect to the provisions of paragraph 17 <br />hereof. All covenants and agreements of Borrower shall br soint and ceveraL I he captions and headings of the paragraphs of this Deed of Trust <br />are for convenience only and are nor +o be used to interpret or define the pravie,r..n. h,- ,i1 <br />14. '.Notice. Except for any notice required under applicable law to be g,, es. :n arot"I manner, (er) any notice to Borrower provided for to <br />this Deed of Trust shall be haven by tnaiimg such notice by certified marl addressed u, Horro,ver at the Property Address or at such other address <br />m Borrower may designate by notice to i ender as provided herein, and (fat an), lion,^- tt, Leader shad he given by certified mail, return receipt <br />requested, to Leader's address stated herein or to such other address as I ender ma} designate by nonce to Borrower as provided herein. Any <br />notice provided for in this Drrd of Trust shall be deemed to have beet. given to Harrower it I.cndcl w hen given in the manner designated herein. <br />13. Uniform Deed of Tram; Governing Law; SeverabtUty. T'its form of dtrd of trust combmcs uniform covenants for national use and <br />non- uniform covenants with lirliwed vanaumns by jurisdiction to consiltute a uaitc.nn w,ority Instrument covering real property. This Deed of <br />Trust shall be governed by the law of !lic jurisdiction in which the Property is iocaicd In the event that any provision or clause of this Deed of <br />crust or the Note conflicts with applicabic law, ,uch conflict shall not affect other ptovaions of this feed ot'Trust of the Note which can he <br />given effect without the conflicting provtstiIii, and LO this end the pre, !Burn,, c•t the Deed of Trust and the Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be furrished a conforrned rope cd the Nolc and of !iris Deed of Trust a• file tllrie of CSeClttlnn mr <br />after recordation hereof <br />17. Transfer of the Property; Assumption. If all or any ,art Of the PILrME', nr an interest therein is solo n; iratnsfcrrcd by Borrower <br />without Lender's prior written consent, cscluding tat the creatioo od a hen :ir encumbrance suisordinate to thts Deed of T rust, (b) tiro creation of <br />a purchase money security interest for household appliances, (c) it transfer h•, devise, descent or by oporai —ri of !a% upon the (learn of a )oin! <br />tenant or (d) the grant of any leasehold Interest of three year% or less nor +caloing an option t:, purchase. I. ender may', al I ender's option. <br />declare all the sums secured by this Decd v! Trust rr, be immediatry (file and payable. I ender shall have waived %I :'h option to acccicrwc i!, <br />prior to the sale or tramsl'er, Lender and the person to whom the Proprrty 1, to lye sell ct transferred reach agreenicut in- -writing that the credit of <br />such person is satisfactory to f ender and that the intrrest payable !,n the Burns secured try this feed if l nine shall he at wch rate as Lender shall <br />request. If Lender has waived the option :o accderair pr,sided ern this pdragraph i', and If Horrowcr's sucecs.:or in interest has etecuted i <br />written assumption agreement accepted m wnpng by Leader, t coder r.hdl! relra+e Borrower from all obhganans under this Deed of Trust and <br />the Note. <br />If Lender exercises such option to ae.ceieratc. Lender shall nisei Borrower not:cr..if aoccleratiou !u accordance wnn paragraph 14 hereof. <br />Such notice shall provide a period of not less than i0 dam teen: the date the rioiwe :: maiictl within which Horrower may pay the sums declared <br />due. If Borrower fails to pay such sums prior su the cxporar!ot: A such pem f, tender r'iay, .:rthow !urthcr nonce or demand on Ho,- niwer, <br />invoke any remedies, perirunced by ptuagraph I A hereof <br />NUN -UNIRAM COVENANTS. Hortower arid I ender lurlhe- lo+enanl an.: aglee as !(flow, <br />18. Acceleration; Renm* s. Except as provided in paragraph 17 herrot, upon Borrows s }� cur Want or agreement of <br />agreement <br />Borrower In this Deed of Trost, including the covenants to pay when due any sums secured *,"Dow of Trutt one r p rior to acceleration <br />shall mil notice to Borrower as provided in pragrelph 14 hereof specifying: 11) the breach, such breach; t3) a <br />dole, sot ks than 34 days from the dale of notice is mailed to Borrower, by which such breach must be tared; and (4) that failure to cure such <br />It else Y on or before the date specified in the notice may result in acceleration of The sums scoured by lids Deed of rrust and sale of the Property. <br />The nodir 9" livelier inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non - <br />rsisft to of a default or any otlKr defew of Borrower to acceleration and sale. If the breach is out cured on or before the date specified in the <br />notice. Lauder as Lender's option may declare all of the sums secured by, this Deed of Trust to be immediately due mad payable without further <br />demand and Tray invoke the power of ak and any other remedies permitted by applicable law. lender shall be entitled to collect all reasonable <br />swab and emptiness incurred in pursuing the rewredies provided In this paragraph ter, including, but not limited to, reasonable attorney's fees. <br />It the paver of teak Is invoked. Trustee shall record a notice of default in each county In which the Property or some pan thereof Is loealed <br />rid W" a" copies of such notice in The manner prescribed by applicable law to h4wrower and to the other persons prescribed by applicable <br />law. After the leper of such dine as may be required by applicable law, 1 rtntee shalt give public notice of sale to the persons and in the manner <br />prbtriTfei by sppNea le law. Truster, without demand on Borrower, shalt soil the Properly at public auction to the highest bidder at the tirtn- <br />and bite and under tie tears designated Is the Modest of sale in one or more parcels and In such order as Trustee may determine. Trustee tae) <br />P 111 0 see of all of any (amid of the Property by public announcement at the time and place of any pfetiousiy whir hated sak. lender or <br />IAWar'a dies11 11 My ptchase the Property at any sale. <br />Lyon neei/d of pa• newt of the price bid. Trustee shall deliver to the purchaser f rustee's deed conve)dng the Property sold. 1 he recitals in <br />thrTrues"'s decd AM be printer tack evidence of the truth of the statements made therein Trustee shall apply lire pnx•esds of the see in the <br />fs/owNmg order: (a) to so reseas" casts and expeaaea of the sale, including, hot not limited to, 1 ntatee's fers of not nuor than NfA <br />of the Gres ask peace, reasomg* snonwy's free sail coats of tllk evidence: IN to all sums %ft-ured lit this Deed of Trust; and is a the esrecs, if <br />say, so tie raewft of penam kgshy ratified thereto <br />Ill. -s Mgkt to Remalste. NiIl.11h>landtntt I C[ldf' a.,.....1 elf ! •'le ,. i:I, '. r.', 7 t , ..... l5t"! it," <br />the rtgbt to hdtve Nov -It ,1- Velf:rtg4 bestun h1 I. Critic, 1,, i ti; w C ! to t )". 0 (• t1•.t ,.!IC, t otal'!{i"ed ,t 3., ,t .,.. .-r vt ,! <br />filth day before 'he exit If flee l'rurw,t, `'' -t t._r ';+!tie j.,— o'. <br />tketd fir tr1}4 +. �t fgl B4 ).'•tMeC tilt'„ I.Cf.'i" <br />