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<br />by this Deed of Trust immediately prior to the date of taking mars to the fair market value of the Property immediateiy prior to the date of
<br />taking, with the balance of the proceeds paid to Borrower.
<br />If the Property is absrfdoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a
<br />claim for damages, Borrower fads to respond to Leader within 30 days after the date such notice is mailed. Lender is authorized to collect and
<br />apply the proceeds, at Leader'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 hercnf or change the amount of such installments.
<br />IS. Sorrowed Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />granted by leader to any succeswr 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 />WW Borrower's successors in interest.
<br />It. Terbtatrsom by Leader Not is Waiver. Any forbearance by Lender in ex: icing any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shail not be a waiver of or preclude the exercise of any such nicer or remedy. The procurement of insurance or the payment of
<br />bates 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 remediess 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.), equity, and may be exercised concurrently, independently or successively.
<br />13• Ssemum and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shalt bind, and
<br />the rights hereunder shall inure io. the respective successors and assigns of Lende: and Borrower, >ubica to the provisions of paragraph 17
<br />hereof. All covenants and agreements of Borrower shall be joint and c e: al. The captions and headings of the paragraphs of his Deed of Trust
<br />arc for convenience only and are not r:, r,e used to interpret or define the provision., hereof,
<br />14. Notice. Except for any notice required under applicable law to ire giver, in another manner, (a) any notice to Borrower provided for in
<br />this 13eed of Trust shall be given by mailing such notice try ,erriftrd mail addressed to Borrower at the Property Address or at such other address
<br />as Borrower may designate by notice to Lender as provided herein, and (b) am _.onC4e to Lender shall be given by certified mail, return receipt
<br />tt,quested, to Lender's address stated herein or to such other address as Lender fray designate by notice to Borrower as provided herein. Any
<br />notice provided for in this Deed of Trust shalt he deemed to have been giver. to Borrower or Lender when givers in the manner designated herein.
<br />13. Uniform Deed of Trost; Governing Law; 5everabil(tt, Thu form of deed of trust combines uniform covenants for stational use and
<br />nun- uniform covenants with limited variations by turi.diction to constitute a urtiforni security instrument covering real property. This Deed of
<br />Trust shall be governed by the law of the ittrisdichon in which the Property is located. in the event that anv provision or clause of this Deed of
<br />Trust or the Note conflicts with applicable law, ul-h conflict shall not affect other provisions of this Deed of Trust or the Note which can he
<br />given effort without the conflicting provision., and to this end the provisions of the heed of Trust and the Note are declared to be severable-
<br />' borrower's Copy. Borrower shall b,: furnished a conformed :opv 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 M ibr Property or at,. interest therein is sold or transferred by Borrower
<br />*.thou[ Lender's prior written consent, excluding (a) the creation of a hen or encumbrance subordinateto this Deed of Trust, (b) the creation of
<br />a -urchase money security interest for household a ^:ihanees, tc) a cranster by devise, descent or by operation of law upon the death of a joint
<br />:enact or tell 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 sumo secured by this Deed of Trust ro tie immediately due and parable. Lender shalt have waived such option to accelerate if,
<br />is for to the sale or transfer, Lender and the person to whom the Property is to he so!d :.x transferred reach agreement in writing that the credit of
<br />such person is satisfactory to Lender and that the interest payable an the ;urns see used by this Deed of Trust shall beat such rate as Lender shall
<br />request. If Lender has waived the options io atcclerate provided 'r, th,, xragiaph F. and it Borrower's successor in interest has executed a
<br />written assumption agreement accepted in writing by I crida, I ender 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 natrre of acceleration in accordance with paragraph 14 hereof.
<br />Such nonce shall provide a period of nut icss than 30 days from. the elate the noucc: a ma,leo within whtvh Borrower may pay the sums declared
<br />due. If Borrower fails to pay such runts prior to the capitation of >uch period, Lender :nay, without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph 18 hereof
<br />NON-UNIFORM C0YE!vA1vTS. Borrower and I- [rider further covenant and agree as +chows:
<br />M Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon 80rrnwer's breach of may covenant or agreement of
<br />Borrower in dit Deed of Trust, including the covenants to pay wben due any sums secured by this heed of Trust, Lender prior to acceleration
<br />shall mail Notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the idiom required to cure such breach; (3) a
<br />date, not less than 30 days from the date of notice is mailed to Borrower, by which such breach mast be cured; sad (4) that failure to cure such
<br />breach on or before the date specified in the notice may result in acteIMliOB of the sums secured by this Deed of Trust and ask of the Property.
<br />The Notice 1W further Inform Borrower of the right to reinstate after acceleration sad the right to bring a court action to assert the non•
<br />existence of a default or any other defense of Borrower to acceleration and sale. If the breach is sot cared on or before the date specified in the
<br />notice, tender at Lemder's option may declare all of the sums secured by this Deed of Tras1 to be immediately due and payable without furber
<br />demand tad may Invoke the power of sale and any other remedies permitted by applcabie law. Leader shall be entitled to collect all reasonable
<br />costs and expenses Incurred is pursuing the remedies provided in tkis paragraph 18, including, but got Hashed to, reasonable attormey'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 port thereof is located
<br />and AM mail copies of socb notice in the manner prescribed by applicable law to Borrower and w the other persons prescribed by applicable
<br />law. After the lapse of sack Use as may be required by applicable taw, Trustee shall give public route of silt to the persons and in the manner
<br />prescribed by applcable law. Trustee, without demand Go Borrower, shall sell the Property 01 Pdb k auction to the higbest bidder at the time
<br />sad place Mad under the term designated In the notice of ask in out or more parcels mad to such order as rrumet may determine. Trustee may
<br />postpone sale of all or say pared of the Property by public announcement at the time sad
<br />Leader's, may place or any previously achedglsd sak. Ixndn or
<br />y peuehase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser rrustee'v deed comirvinit (be Property sold. The recitals In
<br />the Trustee's deed shay be prima fade evidence of the troth of the statements made therein. Trustee shall apply rite proceeds of the sale in the
<br />fOWmt ft order (a) to sB reasonable twists and expenses of the Ask, including, but not limited to, Trastex's fees of not more than 1_p
<br />of deripivits sale price, reasonable alturney's feet, sad tints of title evidence: (bi to all surds secured by this feed of Trust: and (c) the excess, if
<br />any, to the persam or person hettak) tntlwd tbmto.
<br />19. Borrower'sPASMtoRttiastatt .Notwithstanding'!. cede:- ,a.cc;rr., ;r,r,- :rihc,.Iim,'c. !Cd :,,!h'.!ktd,rt lrisa.ttotr„ue :,hAit a.evc
<br />tix light to have any proceedings hcit nt !,y I -ender 's, miw,'e u.:, cleft{ t ,,.,..h.,, = :n :r„cd at .w, i,iasr ;'l 1„i w inc ca: h", n=
<br />+ nth acv- LI -fate the We of the PrnPeriq purbuaat io are ix,wer of . +A1e, ..,, avrc,c; ,r- t„ isc, !
<br />fra%i of (a) Bor'aa>.r: ; ., I.endG Ali was .!mh w„;'d he ;hen .Iii,
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