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i <br />10481Q <br />� s: <br />86-- <br />- <br />by this Deed of Trust immediately prior it, the date of taking bears to the fair market value of the Property immediately prior to the date of <br />taking, with the balance of the proceeds paid to Borrower, <br />If the Property is abandoned by Borrower, or if, after notice by Leader to Borrower 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, Ienderis authorized to collect <br />apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Dead of Trust. <br />; <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shat] not extend or postpone the due <br />_ <br />date of the monthly installments referred to in paragraphs l and 2 hereof or change the amount of such installments. <br />x <br />1 0. Borrower Not Rdesaed. Extension of the time for payment or modification of amortization of the stuns soured by this teed of Trost <br />gq <br />r t <br />granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liabifkty 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 feu <br />r <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 />t'. <br />and Borrower's successors in interest. <br />Fi <br />11. Forbemmtee by Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy bereunder. or otherwise afforded <br />by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of <br />= <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. Remedios Cumulative. All remedies provided in this feed of Trust are distinct and cumulative to any other right or remedy tinder this <br />Deed of Trust or afforded by law or equity, and may be exercised concurrently. independently or successively, <br />13. -Swer oors and Assigns Bonm1: Joint a" Several Liability; C:apdosa. The covenants and agreements herein contained shall bind, and ' <br />the rights hereunder \hall inure to, the respective successors and assigns of Lender and Bortower, subject to the provisions of paragraph 27 <br />hereof. All covenants and agreements of Borrower shall he }pint and several, The captions and headings of the paragraphs of this Heed of Titter t' <br />are for convenience only and are not to be used to interpret or define the provisions hereof. <br />11. Yorke. Except for any notice required under applicable law to be given in another manna, (ni any metre to Borrower provided for rn <br />r <br />Deed of Trust shall be given by mailing such notice by , eriiffed [nail 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 tb] any notice to lender shall be given by certified m".,return receipt <br />s <br />requested, to Lender'\ address stated herein or to such other address as Lender may designate by notice to Borrower. as provided herein_ Am' <br />v <br />notice provided for in this Deed of Trust shall he deemed to have been given to Borrower or Lender when given in the manner designated herein, . <br />15. Uniform Deed of Test: Governing Law; SeverabBlty, This form of deed of trust combines uniform covenants for natforfad use and <br />ne <br />non- uniform covcnants 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 funsdiaion in whr h Ilse Property` is locaied. In the event that any provision or clause of this Deed of, <br />Trust or the cote :unfit 7s with applicable law, such cottfli" shall not affect oilier provisions of this teed of Trost or the Note which can be <br />given effect without the conflicting pro, isfon. and to this end the y revisiom of the Dead of Trust and the Note are declared to he severable <br />lb. Banowee's Copy. l3orrowet shall be furnished a coniaTmed copy of *nt `cote and of this Deed or Trust at the note of execution or, <br />- <br />- :- after rn•ordatron hereof. _ - <br />V- Transfer of the Property; Assumption. if all or anc pare sal the Property - or an interest therein is sold or transferred by Borrower , <br />without Lender's pruir written _onsent, excluding fa, the creation W a her. or arcumbramr subordinate to this Deed cif Trust, €bi the creation of <br />i purchase money sec -irity interest for household appliances, (cl a fransecr by devise, descent or by operation of Iaw upon the death- of a joint , <br />tenant or ids the grant of any leasehold interest of three years or less not containing an option to purchase, fender may, at Lender's =option, <br />'- :7cs:tart all the sums secured by this Deed o1 Trust io be immediately date and payable- lender shall have waived such osption to accelerate tf, <br />prier to the +ale or iramier, Linder and the Msem It) whom the 11ris^,r ctty is to he sold or transferred reach agreement in writing that thetredit of <br />such person is saocfactcxv to Lender and that the imerest payable on the sums secured In this ieezl of Trust stroll he at stmt tau as Lender Shelf <br />.- rrquesi. If I cruder has walked :hr option to accrictate provided in :has paragraph I'. and it Borrower's successor to intern,: has, c­- „.;urcd a <br />-. - -- written assumption agrerinent ai ,M,Cd tit ++nong t,, Lendef., Lender inali rektase Borrower from all obligations under this Deed of T rust and -- <br />hC \:fir <br />- If Lrndea exrriesrs Sillft ,ipswi;'., � a.3r _ "'1 -e I Cyder Shari rni%ii lk;r_SWCf EI.Aiy -t 14 aL::elCfA1 i n in jA,:?erdiamc uiih par3. rapi3 i4 hereof. <br />-5fiah nirtra`r {ftiiif pf4 \tile a peff(Jd «i r:x,t It -. ni: ;r,f day5 ITiim the slate thr nori:C is marled within which Borrower runt pay the solfm declarrd <br />slue 11 BoTT—er hurl\ !ii pit su,h 5iln:S err it ta, the rxpuat;Crra .!f k h p4rrod, Iendtr F=lay, without further douse or demand on Borrower, <br />fFi\ tri5r ariv remesue, prrmitted ky t?ai atrf art? : k ."rrw <br />- - •. <br />Ni }N_t.. %ifORM City L%Aly IS fl.rrhCl :,ti + \CFiarnt ar, +r agitY as frsHow3-�t <br />�yy.�jj,,�- <br />19. Accekntbe: Resstdiea. lscrpt as Provided is paragraph 11 hereof. upon aerrcwvtA pMCr.pt cuxgaast or agreement of <br />-. Borrower in this lined of Iron, hseiodiING the Myttimats to pay when gat any sums secured by 06 throull oP iisyt< lxpder -prier to acceleration <br />she8 mail wotice to Borrower as provided in paragraph 11 hereof ti:rcifyrsig :iii the breach: i2r the ecpoa required to ran such breach; r3r a <br />- <br />-.. _ date'. not its% than 39 day% from the date or walks, is recalled la Borrower. hY whkb such breach must be erred: and lit that failure to cure such - - - <br />- <br />breach on or before the date specified in the notice may remit is accrieraRaa of the sum secured by this Deed of Trust and took of the Property. <br />The sotice shall further inform Borrower of the right to retmgre after K'Ce trap" said the right to bring a coati action to dessert the aos- <br />exdsieecce of a defsait or any other defense of Borrower to neeekfsu” aid safe. It the breach is net cured on or before the date specified in the <br />notice, Leader at Lender's option m) declare all of the rumor secured by this Deed of Trust to be immediately due and Payable without further <br />demand and may invoke the power 1.1 ale and an) txbcv remedies permitted by applicable Ism. leader shun be tunded to collect sit reasonable <br />costs and expenses iocurred to paraaiq the remedies provided is this paragraph 19. mclodfng, but not limited to, reasonable attortiry's lees. <br />It the power of sale is Invoked. Trustee shall record s at4ke of 409411 18 each sweaty to which the Property or some pan rbareof ix located <br />and shall wail copies of snot aorkr to the messier prescribed by applicable tow to Borrower and to the other persons prescribed bs agpUcable_ <br />_law, After the lapse of such done as sir be requited by applicable mow_'frayer, shop gbia Public o"Ibe miss A;he per— mid - the a <br />prescribed by eppBeabie law. Trsissee, without demaad on Borrower, shall sell the Property at public auction to the highest bidder as the time <br />and place said under the terms dmigated is the notice of sale in out or more parcels and is such order as T rustre may drtrrause. Tramee may <br />Postpone tak of ON of any pared of the Property by publk sawounconerst at the onst and place of nay prevtoveds selreA'akd took, Leader or <br />f.euder's designer may parchaar the Property at any wk. <br />i'pou receipt or Payment of the prke bid, I rumor shoN dthsrr to the psurrhoser Trastet's deed conveying the reopen) sold. T he redmi, in <br />- the I rest"" deed shall be prima rack evidence of the truth Of the statements made chortle. Trustee shall apply rise proteords to( the sole in the <br />following order, tae to an reawmakk casts and expenses of the ask, iKiadlatt, but ail limited to, t'rustee`s new of not more fuss - i it" <br />Of the gross sak price, reasonable atloraey's fees and eorits of title evidence: rho to all sums secured by this rived or trust; sod ter th rtrrsx, it <br />any, to the person Of persons legally entitled thereto. <br />19, Borr -ovorl to kijht 1.1 Relostate, VjSt w;t ihdTi it 1 0110 ` i ,host Au €, i.1 !t,c tin 'e, li F?,. P, olio l )i i .,f J, -u , f-.: Owl h-, <br />to ,ilr a ., .., . .. t, ?h, <br />r <br />irlt riot a- hfiC -.d(c J i fie l'! 1tYr "• r "t {. „aril .... �# ['4,U C'= %. , or" i i, ,i'f':9 <br />_ <br />- E��,3 "- I �.. +r ., .ai tk�•ro.. r; any,. 1 rn fi s�_ ..,di. Id -i i, vi „ai 1 � e ,� -S F- . , __ _ _ tiS?o.f ., _,_ - '' - _ sir.. __ - -_ s _.__ <br />