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<br />by this Deed 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, -»irk 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 fender 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 />Unles 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 Released. Extension of the time f or 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 cittend 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. Forbeanece by Le -.:rev Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, 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 />[axes or other hens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured bx this
<br />Deed of Trust -
<br />12. Remedies Cumulative. 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 bylaw or equity. and may be exercised concurrently, independently or successively.
<br />13. Successors and Assigns Bound; Joint and Several liability; Captions. The covenants and agreements herein contained shall bind. and
<br />the rights hereunder shall inure to, the respective successors and assiens of Lender and Borrower, subject to the provisions of paragraph 17
<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 />14. Notice, Except for any notice required under applicable law to be given to another manner, (a) any notice to Borrower provided for in
<br />This Deed of Trust shall be given by mailing such notice by certified 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) any notice to I ^nder shall be given by certified mail, return receipt
<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 Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein:
<br />15. Uniform Deed of Trust; Governing law; Severabitity. This form of deed of trust combines uniform covenants for national use and
<br />non - uniform covenants with limited variations by iurisdiction to constitute a uniform security instrument covering real property. This Deed of
<br />Trust shall be governed by the law of the iurisd"on 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 shall 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 />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 of a lien or encumbrance subordinate to this Deed of Trust, (b) the creation of
<br />a purchase money security interest for household appliances, tc) a transfer by devise, descent or by operation of law upon the death of a c -, n =.
<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 />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 be sold or transferred reach agreement in writing that the credit of
<br />such person is satisfactory to Lender and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Lends shall
<br />request. If Lender has waived the option to accelerate provided 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 211 n_M__iga_tions under this Dee of Trust and
<br />the Note.
<br />if Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph la hereof.
<br />Such notice shall provide a period of not less than 30 days t rom the date the notkcc is mailed within which Borrower may pay the sums declared
<br />due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrowerr..
<br />invoke any remedies permitted by paragraph IS hereof.
<br />NON- UNIFORM COVENANTS. Borrower and Lender further co,enam 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 pay when due any sums secured by this Deed of Trust, Leader prior to acceleration
<br />shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a
<br />date, Del less than 30 days from the date of notice is mailed to Borrower, by which such breach must be cared; and (4) that figure 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 Truest and sale of rile Property,
<br />The notice shall further inform Borrower of the right to reinstate after acceleration a" the right to bring a court action to assert the nos..
<br />exiate ser 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 />wrtiee, Lender at Lender's option may declare all of the sums secured by this Deed of Trust to be immediately doe and payable without further
<br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Leader shall be entitled to collect all reasonable
<br />costs and expemms incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorney's fees.
<br />If the power of sale is invoked. Trustee shall record a notice of default to each county in which the Property or some part thereof is located
<br />and shall mail copies of such notice to 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, Trustee shall give public notice of sale to the persons and in the manna
<br />prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property err public auction to the highest bidder at the time
<br />and place and under the terms designated in the notice of ask in one or more parcels sod in such order as Trustee may determine. Trustee Mai
<br />poatpoae oak of all or guy parcel of the Property by public announcement at the time and place of any previously scheduled ask. lender err
<br />Lender's designee may purchase the property at any ask.
<br />Upon receipt of payment of the price bid, Trustee shall deliver 10 the purchases Trustee's deed conveying the Property sold. The recitals in
<br />the TrusleCs deed shsn be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the: ale in be
<br />fallowing order; (a) 10 an reasonable costs a id
<br />nd expenses of the ae, including, but not limited to. Trustee's fees of not more than e 1.
<br />Of the grunt sale price, reasonable stiorney'a fees and slats (#I title evidence; (b) to all sum+ ucurtd ley this teed of Truitt; and tit the excess i',
<br />any. in Use person or persona legally entitled thereto.
<br />19. norrowrr's Right to Ranstste s.nr wrthhiaadm,{< lender , n.vrlrr it It IV "IM le,, uscd r, thu !Decd ,t f •.r,,, k4rr ,.u.. ..tt. -t tr,.,
<br />the right t,! freer .0 , {�r >. rrxl.np;-. Ile,,; !,t 1 rntler i °-W m,r Ow, ik, d ,4 rr:, -..I ._Iolo4erd ht err., f! � _ •tt �; :_, -:
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