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86_ 105287 <br />I <br />y 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, with the balance of the proceeds paid to Borrower. <br />if the Property is abandoned by Borrower, or if, after notice by Leafier to Borrower that the condemnor offers to make an award or se€tir a <br />claim for damages, Borrower fails to respond to Lender within 34 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 i and 2 hereof or change the amount of such installments. <br />10. Borrower 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 no: operate to release, in any manner, the liability of the original Borrower and <br />Borrower's successors in interest. Lender shall hot 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 Leader 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 arty such right or remedy. The procurement of insurance or the payment of <br />taxes or other liens or charges by Lender shall not be a waiver of Lender's sight to accelerate the maturity of the indebtedness secured by this <br />Deed of Trust. <br />12. Remedies Cumulative. All remedies provided in this Deed of Trus 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. Succ+esaors 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 assig is of Lender and Borrower, subject to the provisions of paragraph 17 <br />hereof, All covenants and agreements of Borrower shail be joint and several_ The captions and headings of the paragraphs of this Deed of Trust <br />are for convenience otily, 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 in another manner, ea) any notice to Borrower provided for in <br />this Deed of Trust shalt be given by mailing such notice by certified mail adder sed ro Borrower at the Propem Address or at such other addre is <br />as Borrower may designate by nonce to Lender as provided bereim. and (h) any notice to 1 ender shall be given by certified mail, return receipt <br />requested, to Lender's address stated herein or to such other address as Limier may designate by notice to Borrower as provided herein. Arty - <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 />13. Uniform deed of Trust: Governing Law: SevenLrflity. This farm of deed of trust combines uniform covenants for national use and <br />non - uniform covenants with limited variations by jurisdiction to couture to a tut form security instrument covering real property_ Tixis Deed of <br />Trust shall be governed by the law of the junsdiction in which the Property rs iocated. In the event that any pronvision or clause of this Deed of <br />Trust or the Note conflicts with applicable taw, such conflict snail not affect oche; provisions of this Deed of Trust or the-Note wiaic b 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_ Borrowers Copy. Borrower shall he furnished a con €orneed cops of uhe Note and of this reed of Trust at the time of exetonor or- <br />after recordation hereof. <br />17, Transfer of the Property: Assumption. if all or am ear: of tie Property or an interest therein is sold or transfrred by Latrrt-ow•r <br />without Lender's prior written consent, excluding (a) the creation of a lee b r en: um -brance subordinate to this Deed of Trust. #h) the creation of - <br />a purchase money seventy interest for household appliances. ici a transfer by devise, descent or by operation of law upon the death of a aomit <br />tenant or (d) the grant of any leasehold interest of three nears or less not containing an option to purchase. Lender may, ar Leader'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 Proper:v is to be sold or transferred reach agreement in writing that the credit of <br />such person is satisfactore to Lender and that the interest payable on the secured by :iris Deed of Trust shall be at such rate as Lenses snail <br />r=equest. if Lenuer has waived the option to accelerate provided in t';.s paragraph I -, and if Borrower's successor in interest has execenad a <br />written assum -rTmn agreement accepted in ,riring ty Lender, Lender shall release Borrower from all obligations under this Deed of Taus; and <br />the Note. <br />If Lender exercises such orivon to accelerate, Lende shah raj Bo -ow=e- notice of acceleranon in accordance with paragraph is hatter" <br />Such notice shall -, rovide a period of not less ,hare. 3,^ Says from- the date *he merlon :t tnatjed within which Borrower may pay the s una de; aced <br />due.:; Borrower ,`ails to pay such Suns prior to the expsrauen of sucl-, priod.. Lender trsay, without fur!rer notice or demand om Ro, --,T err- <br />invoke any remedies permitted fey paragraph i8 hcreo` <br />NON - UNIFORM COVENAN"i'S. Borrower and Lender further zoyerant any agree a_: tallowy: <br />19. .Acceleration: Remedies. incept as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreetment of <br />Borrower in this Deed of Trust, including the covenants to pay when due any scam shred by this Deed of Tram. Leader prior to amceleranoo <br />shed mail notice to Borrower s provided is paragraph 14 hereof specifying: (1) the breach: (2) the action required to care sack breach: t3} a <br />date, not leas than 30 days from the date of notice is mailed to Borrower, by wWcb sails bedeb mast be cared: and ({) that faiime to care micb <br />breach on or before the date specified in the notice may result in acceleration of the sums secured by the Deed of Trust sand sale of the Property, <br />The notice shall farther inform Borrower of the right to raearate after acceleration sad the right to bring a coact action to assert the sou - <br />existence of a default or any other defense of Borrower to acceleration and sale. If the bretaeb is nor cared on or before the date spedilli d in the <br />notice. Leader at Leader's option my deciare all of the sums secured by this Deed of Trust to be immediately due and payable without farther <br />demand and tiny invoice the power of sak and any other remedies permitted by applicable law_ Leader shall be entitled to collect all reasombse <br />costs and expenses incurred in pursuing the remedies provided in this paragraph 19, including, but trot bmited to, reasonable atuuaey °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 pars thereof is lomi ed <br />and shall Mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by apsubtuble <br />law. After the laim of such time as may he regtaired by applicable law. Truster shall <br />paw public natter of sale to the persons said in the iaauaser <br />prescribed by applicable law, Trustee, without demand on Borrower, shall sell ttw Property at pabbk auction to the highest bidder au the duce <br />and place and ender the terms designated in the notice of sale in one or rare parcels and in such order as Trustee may determine. Ttasluir ms} <br />postpone sale of aU or any parcel of the ProWny by public announcement at the time and place of any previously scheduled sate. Lewder or <br />I,tader's designer may purchase Else Property at may sale- <br />Upon receipt of psymeot of The price bid, Trtame aid® deliver to the parcltow T nntee's deed conygiug the Property sold. Tier recitals in <br />the Trailer's deed A" be prima facie eyideact of the truth of the statemeota asa1, therein. Trtartee shall apply the proceeds of for sale in the <br />lo8rrwisg MOM On to at$ reasonable costs and expenses of tie ask, includif. het am limited to. T "rmtee's fees of not mom than - . ".. - <br />of the grv% sale prier. reawatirk aaoruey's fee, and ctrsts of tide esidemxt fbe to add aunts "amid by tin, Deed of Trust. and +ci shit if <br />a" < r{t the per-us of persons leguiiy ratitkJi thereto. <br />19_ norrawn'i Rigbi 1. ketastate. Sit- . :w��ir.xur,dr rag t -aSr a.. - -�ara •a, - „ .ere :-u Ft .,. t"s�e,i i " : :,- E+. ,- _ , <br />-Wei,r'r ; _era <br />