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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, 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 Dad 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 Decd 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 extend time for
<br />payment or otherwise modify amortization of the stuns 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 taw, 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 />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. Rem 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 by law or equity, and may be exercised concurrently, independently or successively.
<br />13. Saccemon sad Assigns Bound: Joist and Several Liability: Captious. The covenants and agreements herein contained shall bind. and
<br />the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17
<br />hereof. All covenants and agreements of Borrower shall he mint an a e- c _art a ;,t; s and neatungs of the paragraphs of this Deed of Trusr
<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 in 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 so&. other address
<br />as Borrower may designate by notice to Lender as provided herein, and (b) any notice to I ender shall be given by certified marl, return recet'x
<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; Severability. This form of deed of taut combines uniform covenants for national use and
<br />non- uniform covenants with limited variations by jurisdiction to onstitute a uniform security instrument covering real property. This Dead 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 clause of this Dad of
<br />Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Dad of Trust or the -tote 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 Dad 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 Propert> 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 Dad of Tr ust, (b) the creation of
<br />a purchase money security interest for household appliances, (c) a transfer by devise, desert or by operation of law upon the death of a joint
<br />tenant or td) the grant of any leasehold interest of three years or less not containing an option to purchase. Lender may, at Lender's > p+tion.
<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 sate or transfer, Lender and the person to whom the Property is to be sold or t; ansferred reach agreement in writing that the redit 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 Lender sbail
<br />request. If Ltrid- has waived the option to accelerate provided in this paragraph 1 -, and if Borrower's successor in interest teat executed a
<br />written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Deed of Tres and
<br />-the Note.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph .= hereof.
<br />Such notice shall provide a period of not less than 30 days from the date the notice is marled within which Borrower may pa, the sums declared
<br />due. If Borrower fails ro pay such sums prior to the expiration of such period, Lende- mat, w,thou: further notice or demand on
<br />invoke any remedies permitted by" paragraph 18 hereof.
<br />NONA -NIFnRM COVENANTS. Borrower and Lender further cs an, and agree as follows:
<br />18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrowers breach of my covenant or agreement of
<br />Borrower its this Deed of Trust. including the covenants to pay when due any sum secured by this Deed of Truest. Leader prior to accelersd ut
<br />sYW mail notice to Borrower as provided its paragraph 14 hereof specifying: (1) the brewb (2) the action required to care sweb breach: (3j a
<br />date, not less than 30 days from the date of notice is mailed to Borrower, by which such breach must be cured; mad (1) that failure to cure sect
<br />breach on or before the date specified in the notice may result in acceleration of the sums secured by this heed of Trust mad sale of the Properio
<br />The notice shall further inform Borrower of the right to reinstate after acceleration and the tight to bring a coact action to asmert the men -
<br />eximence of ■ default or any other defembe of Borrower to acceleration and sale, if the breach is not cured on or before the date specified is the
<br />i mticr. lender at Leader's option my declare all of the sum secured by this Deed of Trust to be immediately due and payable without farther
<br />demand and may invoke the power of male and my other remedies permitted by applicable law. Leader shall be entitled to collect all reasonable
<br />costs and expenses imcarred in perming the remedies provided in this paragraph 19, including, but not limited to, reasonable attorney's fees.
<br />11 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 shill moil copies of such notice Im the manner prescribed by applicable taw to Borrower and to the other person prescribed by applicable
<br />law. After the Impae of such time as may be required by applicable law, Trustee shall give public notice of sale to the person sad in the manner
<br />prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at pgMk &action to the highest bidder it the dine
<br />and place and under the term designated in the notice of sale to one or more parcels and in such order as Trntee may determine. Trustee may
<br />postpone sink of all or ray pared of the Property by public announcement at the time aid place of say previously seheduled sale. Leader or
<br />Leaders demigaw my purchase the Property at my sink.
<br />UPON receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed Conveying the Property, sold. The recitals in
<br />The Trustee's deed shall be prim rack evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the safe its the
<br />following order: (a) to all reasonable costs and expeam of the safe, including, but not limited to, Trustee's fns of not more than NIA ,dr
<br />of the grow sink pride, ressombk attorney's fees and costs of tide evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if
<br />any, to the person or person legally entitled tberto.
<br />19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, Borrower Oha 1 bave
<br />the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior to the earlier 10 O�uii
<br />fifth day before the sale of the Property pursuant to the power of sale comained m this Deed of Trust or (it) entry of a judgment ento = : : :..: r.
<br />Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under his Deed of Trust, the Note and notes +ecwme ?
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