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$,... 104940 <br />by this teed of Trust immediately prior to 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 Lender 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, 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 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 hereof or change the amount of such installments. <br />10. Borrower Not Rebamd. 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 o, 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 />'and Borrower's successors in interest. <br />11. Forbearance by 1 eider Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afford <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 pay icrit of . <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 Comdadve. 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 by law or equity, and may be exercised concurrently, independently or successively_ <br />13. Stuccemon wad Assigns Bound; Joint and Several liablNty. Captions. The covenants and agreements herein contained scrap bind, and <br />the tights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, sub, to the provisions of paragraph IT <br />'hereof. All covenants and agreements of 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 />11. Notice. Except for any notice required under applicable law to be given in another manner, tal any notice to Borrower provided for in <br />this Died of Trust shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at suclb other address' <br />as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail, rdaun recapt <br />requested, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein_ Any <br />notice provided for in this Dad of Trust shall be deemed to ha%c been given w Borrower or Lender when given in the manner designated herein. 21. <br />15. Ualforis Decd of Trust; Governing Lw; Geverabilliq- This form of deed of trust combines uniform covenant.: for national use arA, <br />non- uniform covenants with limited variations by iunsdirrion 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 clauscof this Deed of <br />Trust or the Note conflicts with applicable law, such amtIia 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 rr severable. <br />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the t,mr of execution or <br />' after recordation hereof. <br />17. Transfer of the Property; Aramptiow, If all or any part of the Property or err interest therein is sold or transferred to Borrower <br />- .without Lender's prior written consent, excluding fat the creation of a hen or cticcumbrancc subordinaic io this Deed of Trust, (h) thcrwrattori 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 homt <br />$ ienani 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 />s iierlare rdl the sums secured by this Dad of Trust to be immediately due and payabte. Lender shall have waived such caption to accelerate if <br />I prior to the sale or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreemem in writing that the areat of <br />such per son is sat; s fact ors to Lender and that the interest payable on the sums secured by this Deed of Trust shall be at such qtr as Lender shall <br />- - .-- iegiirst. If i.ender has waived the option to accrieratc providedi in this paragraph 1 ?, and if Borrower's sucilessor in urterest has c< _.,x -rued a - <br />written assumption agreement accepted in writing b% L -ider. Lender shall release Borrower from all obligations under ;his Deed of Trust and <br />fhe Note. - - <br />.. I` Lender exercises such option to accelerate. l ends ,riaf3 mail Botro %we noti-ce of acceleration in ac.:ordanr. with paragraph 14 hereof. <br />Such notice shall provide a period of no- tcN, : ,an 310, cars fr(an the date the notice i, mailed within which Borrower may pay Cie sums declared <br />-.due. If Borrower fails to pay such suin . =x to the exp:raeic, of �uvh period. Lender may, without further r.otiu or demand on Borrower. <br />invoke any remedies permitted by paragraph 19 herci,i <br />NON- UMFORM CDVEINANTS. Borrower and Lender further ")% crane and agree as follows: - <br />18. Acceleration; Remedies. Eargt in provided in paragraph 17 hereof, upon Borrower's breach of any coseasm or agreement of <br />Borrower is this Deed of Trust. including the covenants to pay when doe nay sums secured by ibis Dud of Trust. Leader prior to acceleration <br />sbati tali notice to Borrower is provided in paragrapb to hereof specifying. (1) the hreach; (2) the action required to care such breach: 13) a' <br />date, not revs than 30 days from the date of notice is mailed to Borrowet, by which such breach muss be cured; and tit that fanner to core acts <br />.breach on or before the daft specified its the notim may result is acceleration of the sums secured by this deed of Tract and ask of the Property. <br />The notice shill further inform Borrower of the right to reinstate after acceleration wad the tight to bring a cons action to worst the sort- <br />existence of a default or any other defense of Borrower to arceiersdoo and sak. If the breach is not cared on or before the date specified in am <br />noder. Lender at Lender's opthm may dednre all of the sums secured by this deed of Trust to be immediately dim sad iuyabk wdihont further <br />Ammnd and may invoke the power of sale and err other remedies permitted by applkairk law. Lender shall be entitled to collect all reasonable <br />costs and expenses incurred in partial" the remedies provided in this paragraph 18, including, but not baited to, reasonable <br />attorney's ices- <br />. - It the power of ace is invoked, Trustee shag record a notice of defsaft iii each county in which the Property or some port thereof is located <br />and stag mail o*les of sock notice to the manner prescribed by applicable law to Borrower and to the other persons preaeribd by applicable <br />100 . Afw the input of such dw it in may be required by applicable hrw. Trustee &bap We public outlier of salt to dw persons smdto rise manner <br />- - proscribed by sop itnbk kw. Trust". without demand an Borrower, SW an the Property at putt auction to the Ittghxm err at the time <br />sod place and awder the terms designated is the solke of ink in one or more parcehs and in suck order as Trwtee may dekvmnwe Trustee may <br />postpone oak of ill or my pmxxi of the Property by public sasouncement at the time and plats of say previowdy, scheduled ask. Leader or <br />1,ew4t►'s designee may ►a►ckmm the Property at any sale. <br />UPON recdpt of taymenf Of the prkv bid, Trustee trop deliver to the purchaser Tnuter's dad conveying the Property sold, The rexitsis is <br />the Tnmw's dud slag be prima facie evidence of the truth of the ststtmrnts mask therein. Trustee shut apply the prooteds of the sale in the <br />fullowimg order: (s) to d reasosew coal& and expenses Of the sale, including, tot not limited to, 'frwter's fees of sod mare than 3 °, <br />of the gran salt prier. reaaoaabk attarusy's tees and (,Au of title eitettorr: (lit to ali sums secured by this Deed of Truett, and (c) the excess. If <br />say. lathe pnsrso or persons WWO) rankled tondo. <br />It, Borrower's 1Ug t to lWasrafe- `wt.iw ;ihatari;lsn8 I cnoc, - secured ors :tin !)ate i,t - .,. ik- 7—, i,,A,, have <br />an, prt,c eedsrgc hejri;i; by 1 rude+ 1, -tm, -ms De" <br />•r.iA -.a Rn -'.•* r* hr aa(r rd the Yng—t par+ „aft! W,'ht rp,a,S :'l "Al, s ._r at,ec », ,7liits fh•c•cl = 17 rrtre • -. ..} t: a,z:. 4 Ohl, <br />Tae,p - E-. ,, =a, 11— .w rt ;,art € relax ,ice ... r, - eta;,i= ,-.:x,t: -k - , -a.e .-r: "- . Iv-; •s >c 'mare .. .' n' : = - -'i ;i i v,ad <br />