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<br />by thi> Deed of 'Trust immediately prior i, .nc date of taktna (,ears w v !a:° :ra:kei -,aloe i?$ the Properiv immediately' prier In the datC of
<br />taking, with the balance of the proceeds paid tc, lorrower.
<br />!f the Property is abandoned by Borrower. or if, after notice by Lcnde. to Borrower that the condemnor offers to make an award or scrtle a
<br />claim for damages, Borrower fails to respond to Lender within. 30 days after the date such notice is mailed, ender is authorized to collect and
<br />apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed off rust.
<br />Unless Leader 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 hereof or change the amount of such installments.
<br />10. Sorrows Not Released. Extension 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 ;his Deed of Trust by reason of any demand made by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Forbearance by Leader Not a Waiver. Any forbearance by Lender in ere a arty right or remedy hereunder, or otherwise afforded
<br />by applicable law, shall not be a waiver of or preclude the exer6 -ee o,` any -ugh right 117 remedy The procurement of insurance or the payment of
<br />taxes or other liens or charges by Lende; shall not be a waives of Lender's right tr) accelerate the maturity of the indebtedness secured by this
<br />Deed of Trust.
<br />12. Remedies Cumulative. All rot nedi n provided in this Deed of Trust are distinct and : wnulative to any other right or remedy under this
<br />Deed of Trout or afforded bylaw or equity, and may be exercised cor:cur enth, independently or successively.
<br />13. Successors and Assigns Bound; Joint and Several Liability: Captions. 1 be o,)yenants and agreements herein contained shall bind, and
<br />the rights hereunder shall inure to. the -espe; the successors at:d as igns of Lends and Bnrrnwer, subject to the provisions of paragraph 17
<br />hereof. All covenants and agreements of Borrower shall be joint and several. The r ,:tions and headings of the paragraphs of this Deed of Trust
<br />are for convenience only and are not to he used to interpret or del ne the pr s ems hereof.
<br />14. '.Notice. Except for any notice required eutder applicable law to be g), e,7. in another manner, (a) any notice to Borrower provided for in
<br />Fthis
<br />Deed of Trust shall be given by mailing such notice by certified mail addressed to Bo, rower at the Property .Address or at such other address
<br />as Borrower may designate by notice to Lender as provided herein. and (b) any :to i e to Lender shall be given by certified mail, return receipt
<br />requested, to Lender's address stated herein or io such other address as Lender rya r 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 Borrowerr or Lender when given in the manner designated herein.
<br />15. Uniform Deed 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 constirute 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 shail 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 />D
<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 ttf 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 />QR
<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 />v,
<br />declare all the sums secured by this Deed of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if,
<br />prior to the sale or transfer, Lender and the person to whom the Property is to he sold or transferred, each agreement in writing that the credit of
<br />such person is satisfactory to Lender and that the interest payable on the sums secure,,! by this Deed of Trust shall be at such rate as Lender shall
<br />request. if Lender has waived the option to accel• rate ; rovided 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 />a
<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 thar, It) days from the date the notice is tna,led within which Borrower may pay the sums declared
<br />due. if Borrower fails to pay such sums prior to the cxpiranon of such period. Lende: may, without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph l5 fereot.
<br />NON- UNIFORM COVENANTS. Borrower and Lender further cos cnant and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Borrower in this Deed of Trust, including the covenants to play 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: f f 1 the breach; (2) the action 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 must be cured; and 14) that failure to cure such
<br />breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and safe 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 />existence 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 in the
<br />notice, Lender at Lender's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further
<br />demand a" may invoke the power of sale and any other remedies permitted by applicable law. Linder shall be entitled to collect all reasonable
<br />costs and expenses Incurred in pursuing the remedies provided in this paragraph 18, Including, but not limited to, reasonable attorney's tees.
<br />If the power of sak is invoked. Trustee shall record a notice of default in each county in which the Property or some part thereof is located
<br />and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable
<br />law. After the lapse of such time as may be required by applicable law, 'I ruslee shall give public notice of sale to the persons and in the manner
<br />prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time
<br />and place and 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 />postpone styk of all or nay parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or
<br />Leader's designee may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid. Trustee shall deliver to the purchaser Trustee's deed conveying the Property .%old. The recitals in
<br />the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the
<br />following order: (so to all reasonable costs and expenses of the sale, including, but nut limited to. Trustee's fees of not more than 3
<br />of the gross safe price, reasonable attorney's fees and cosLs of title evidence; ihl oil aft sums secured by this heed of Trust: and icl the exvess. 0
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<br />any, to the person or persons legally entitled thereto
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<br />14. Borrower's Right to Reinstate he .::, .—.c,: ; . ,,.. 1 ,r:O 1 s.;. It ,,, ,; , .,:
<br />right to has( any prikuedi tic a•gu: 1 ...;'.., .r..•i:. i,.
<br />'inir day Kcl,: re the ,ale •,,! the k
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