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REMECO?TJ£D <br />s s6-a 105288 <br />8fi_ 103650 <br />by this Deed of Trust immediately prior to the date of taking beers to the fair rnarlet value of the property irn rtediatd5 prior to the date of <br />taking, with tht 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 34 days after the dale Rich notice is mailed. Lender is authorized to roiiea area' <br />_ apply the proceeds, at Lender's option., either to restoration or repair of the Property or to the semen secured by this Dad of Trust- <br />Unless _ <br />Lender and Borrower otherwise agree in writing. any such application of proceeds to principal shall not mend or z the due <br />pastpon- <br />date of the monthly installments referred to in paragraphs I and 2 hereof rx change the amount of such installments. <br />16. barrown Not Rehmsed. Extension of the time for <br />payment or modification of amortization of the Burns secured bg this Dad of Truss <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 ref�rsc to extad time for <br />payment or otherwise modify amortization of the sumo secured by this Deed of Trust by reason of any demand trade by the ill Borrower <br />and Borrower's successors in interest. <br />11. Forbearance by Lender Nat • 'Waiver. Any far bearatice by Lm= in awrcisuig any right or remedy hereunder, or othowise afforded' <br />by applicable law. shall not be a waiver of or prectudc the exercise of anvmkch right x re mtth . The procurement of insurance or the payment of!'. <br />9 notes or other liens or charges by Under shall not be a waiver of Leader'; sight. to acaeicmte the mattim) of the indebtedness secured by this <br />i. Deed of Trust. <br />12. Remedies Cumulative. All remedies provided in this Deed of T ; rest are distinct and c umulanve to any other right ix retry trader this <br />Deed of Trust or afforded by law or equity, and may be ext--ccised concil -rcr Lty, Indeperidertl} I or =:r= cessivety. <br />13. Sheresson ad Assigns Bound; Joint and Several Rabidity; Captions. The 4venanis and agrecrnctts herein contained shall bind, and:'. <br />the right hereunder shat; Intl: e to. the resptxn c cucxssiiir, and assigns of L—v d--r a.nC Borrower. suhj-cct to the prcn :s-ons of paragraph 1'" <br />hrcreof. All covenant and agreement of Borrower shat :. oast :and Racal. Tf e ' ions and head -.-S of the paragraphs of his Dad of Tt:tx <br />_:.. <br />are for convenience only and are not to he used to interpret err <br />14. Votes. Except for any notix required n. ider appa abir law tt" tx goer_ z, nvanes than ner, :a) any notice to Borrower provided for is <br />his Dad of Trust shall he given by ma rag such ntuce by . r gnat: a d rs z elms, wee at the rope y Address or at such other address <br />as Borrower may designate by noticr to Lenoer as pr_,i6ed.ht —m-_ arts. snit an Lender s'ruti; '-e given by certifica rail, return receip -: - - <br />requested, tc Lender's address stated iterem or to such tither address as tffid:: me- to > :gnetr err entice to Borrower as provided herem Anse <br />notice prey iced foe to ttt,s Teed of Trust ,ha t deemed to cat a xe^ g s ro tI as- a: lsrtde v.€ en given in the tttaniter dtrd herein__ <br />15. Uniform Deed of Trust; Governing Law; 5evterahffis. his 'a arm. of dood of trust combines uniform covenants for stational use and <br />non- uniform covenantee with htnited variations by jurisdicrior. :o .. .: a ;sri «..,, sµuryt: instramea: cover -mg real property_ Tags Deed of <br />Trot shall be governed by the iaw at the Jurisdiction rn wrich the r apc°y a ;ocat. . Ds; zbc mein that any proseon orz1a tse of tins Decdof <br />Taut or the tioic conflicts with applicable €as .eau. .ore# "3 s a z u t afire nth - p pistons of this Deed of Trust or ti eN winch 1: be <br />given el -,:t w shout the connecting pr 1,1sinn. and *o this n ,.=t pent isiow oT stir Deed .f Trust and ,tie 'vote are declared to be sevcable- <br />1h. Dormwer "s Copy. Borower s:tail t+e `w :ds=°ta-i a .on;o*Lnad -o y- s3; -rise v,.t; arts of this Deed of Trust at me hate of execo ist or <br />after reeordatian hereof. <br />17. Transfer of the Property: Assumption. if all or an} par. :,t t e Property ar an interest :here#r-, is of or transferred try Borrower <br />w,tihout lender's prior w ralen consent. ex:ludntg €a) the - -mation of -a itec or cncumtrance subordinate to this breed of Trost, theereat;iost UPI _- <br />a purchase money security interest for household appliances. act a uansfet tly debase. dc,, --- tt or',n- operation of iaw utrar. the death of a , cjmi, - <br />teriam at (di the grant of any leasehold interest of :hree years Cr IMF n T rc: nsng an ofxton to purchase. lender Flay. a= i.cttier a, i n, <br />'declare all the stuns secured by this Deed of Trust to be immesd= rly date and :say -Abie. Lender shall have waived such opt" to as^cjerd:-_ if=_ <br />-H to tyre sale err transfer. Leader and tic persari to w harry the ?ropers y° rs ro he =.a e: transferred reach agreement to w siring that the credit � f - <br />such person is satisfactory i e lender and that the interest payable on the stuns secured by this Devi of Trust shall be at such rate as shall <br />:request. If Leiden has waived :he option to acceierat: proided pro is has gara�af b '-. aui if Bc air, -s successor ur �tefst has ewers a <br />'wri'.ien assurnntian agreement accepter en ur: *.ins cv t..;..;.ry. 1_der si�aii rcr r- ewer *rota all rli_.au s.:.dM' this Deed of Trust and <br />The Note. <br />If Lender exercises such option to act e =ate, Lr 1er ;nali man Borrower ttoitx u; acrrierauon in accordance wita. pera& -apa is rr yet; <br />Such notice shall provide a period of not less -her. 3iO =ay s r or_- the date ibe mane s ..ai e d within which Bor r ^we- may pa: ;he ssnn= aecda -ran' <br />,date, If Borrower fails to pay such sutras prior ;o .he eypi non of suer*; pmod. Lender ^,m.y , without further nonce or de ns,-xf err 3a-s:awzR:� <br />'. invoict any remedies pertained herparagraph 'F hercof. - - - - <br />ti(Qti- L'1vIFOR! 4 � L! EM1A \TS. Boirawcr any LenYe- fin-me-. oserant and agtec -s'o4ows. <br />1g, Acceleration: Reaedies. Except as provided in paragraph 17 hereof„ ttpos Borrower's a e0 -11 oat err agreement of <br />Iinrrnwex in [his bleed of Trust, stihding the ravega6L to pay when doe ay snits secured 11P3AiftDOWO l Trust, prior 1. attxierattot' <br />9" mail antler to Borrower as provided in paragraph 14 hereof sptd4iagr f 3l the r€ #o tare sack hreach, 13) a <br />date, am has than 30 days from the date of notice is mailed to Borrower, by which sacs breach meat he cured; and (4) that fadmit to care tacit <br />lreacb on or before the date soetaried is the notice may result so acceleration of the sum secured by this Dad of Trust spit style ed the Property <br />The antler shall further inform Borrower of the right to reiumme after acceleration sad the right to bring s court action to :am the ana- <br />xaiaeaa of a default or any other defecate of Borrower to acczk€ idoe and Yde. If the breach is not cared on or before the 42m specified in sae <br />aotice. Leader at leader's option any declare all of the sums seemed by this Deed of Trust to be iamediatel; due and payabk without farther <br />An mhd aid nay invoke the power of sale and any other remedies permitted by applicable law. leader shad be entitled to collect aY rememAble <br />Costs tad erprnses incurred in pursuing the iemedies provided in this paragraph 18, Including. but not limited to, reasonable attornes's fees. <br />If the power of sale is invoked. Trustee shall tem a notice of default m each county to which the Property or some pact thereof a located <br />and thud land copies of such notice in the manna prescribed by applicable hw to Borrower tad 10 the other persons prescribed by apple <br />iaw. After the hyper of such tine as any be required by apphr"h, law. Trna ft airy give notice of to te nd pbce sae hpeltoas in the manses - <br />Penaibed by apphicahk I" Trustee, without demand ou borrower, shay sri tbt Property of IMAW auction to the highest bidder at tbt tame <br />and place tad hailer the term designated to the notice of sae in one or more pwmk and is sm* order as Trustee may determine. mine. Trainee may <br />11101"OK cede of dl or any pared of the Property by public aammoceawm at the *ac and plate of an previously scheduled sale_ Leader or <br />Ledge's dthigaee way purchase the Property at guy sde. <br />Upon retript of payment of the price bid. Trustee shall defh to the purchaser Trustee's decd conveying the Property said. The recitals in <br />the Trustee's deed shall be prima facie evideace of the truth of the statemeou male therein. Trustee shad apply the proceeds of the ink is the <br />00waing arderr (a) to all reasonable costs tad expenses of the sae Including. but not Him, a in. Trustee's fees of not more Woo ___ WA. _ wt <br />of jibe groin sale price, reasonable star sey's fees and costs of title evideaM fb) to all sum$ secured by this Deed of Trust; and tct tile: #tress, if <br />my, to the person or persons legally entitled thereto. <br />19. borrower's Right to Reinstate. Notwithstanding tender's accelerating cif the sums sec i. y by Ilia, Deed c, i T.u,t. h3arrowet srii; lstr <br />Inc right to have any proceedings begun dry' Lender to enforce tins Deed of Trust dtsconunu id at ssn. :,•rc 1- :he earner t �..... ..., +.':zic - <br />tifth day before the sale of the Property pursuant to the power of rAdc contained in etits Deed tA - Iretst OT I il ; entr. 3f a , udgit . , ib"i"s , , e:U, <br />Deed 0 Trust if: !ai Borrower pays Lender all surnx whirls would ere then due ender this Deed -t T u.t„ _he N to Inc notc, <br />