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<br />by this Deed of Trutt 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 damage, 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 Leader 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 />ltd. so own Not melmtsd. Extension of the time for payment or modification of amortization of the stuns secured by this Deed of Trust
<br />granted by Lender to any successor in interest of Borrower shah 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 tits: 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 l edee 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 />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. Remedla CsMuhative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or r_medy under this
<br />Deed of Trust or afforded bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13. Snecesom and A=ign 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 assigns 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. Nodee. 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 such 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, 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 />13. Uniform Deed of Tract; Governing law: Sevembility. This form of deed of trust combines uniform covenants for national use and
<br />non- uniform covenants with limited variations by jurisdiction 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 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 pan 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, (c) a transfer by devise, descent or by operation of taw upon the death of a join!
<br />tenant or (d) the grant of any leasebold interest of three years or less not containing an option to purchase, Lender tray, 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 seared by this feed of Trust shall be at such rate as Lender 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 all obligations under this Deed of Trust and
<br />the Note.
<br />If render exercises such option to accelerate, Lender shall mail Borrower notice o, acceleration in accordance with paragraph 14 hereof.
<br />Such notice shall provide a period of not less than 30 days from the date the notice 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 Borrower•
<br />invoke any remedies permitted by paragraph 18 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant 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 is this Deed of Trust, Including the covenants to pay when due any sums secured by this Deed of Trust, Leader prior to acceleration
<br />slog nail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the action requited to care swells breach; (3) a
<br />deft, not less than 39 days from the date of notice is mailed to Borrower, by which sack breach =list be cared; and (4) that failure to care such
<br />breath on or before the dote specified in the notice may result in acceleration of the tarns secured by this Deed of Tract and sale of the Property.
<br />The node it" further inform Borrower of the right to relastale after acceleration and the right to bring a cow" action to avert the non -
<br />eaisfena of a default or any other defense of Borrower to acceleration and sale. If the breach is not cared on or before the date specified in the
<br />sodee, Deader of Leader's option may declare all of the suss secured by this Deed of Trost to be immediately due fad payable without further
<br />demand and nay invoke the power of seek and nay other rensdhn permitted by applicable law. [ ceder shall be entitled to collect W reason able
<br />cola and expenses !starred is pursuing the remedies Provided In this paragraph 18, including, but sot limited to. reasonable attorney'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 Part thereof is located
<br />aai shat no copies of such notice in the eraser prescribed by applicable law to Borrower and to the other person prescribed by applicable
<br />law. Afler the Inpse of sack time in say be required by applicable law. Trustee shall give public notice of sale to the persons mad is the manner
<br />FeserlYti by applkable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time
<br />and plate and wader the terns designated is the notice of sale in one or more parcels and in such order = Trustee my determine. Trustee may
<br />Paatpoae sh of all or may parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or
<br />Lim&Ws desigate may purchase the Property at any sale.
<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 ehati be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the
<br />fstiowleg order: (a) to all reasonable costa and expenses of the sale, including. but not limited to. Trustee's fees of not more than
<br />of the gran ask price, reasonable attomey's fees and costs of title evidence; 1bl to all sums secured by this Deed of Trust; and ich the excTs,. if
<br />any. to the person or persons legally entitled thereto.
<br />It. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of itic wins secured by this Deed of Trust, Bmrt-er �t:all hate
<br />tike right to have any pioc:cedings begun by Lender to enlotce this rX^ d of Zrun: drs,nnttnued at an} tune ,not to the earlier io .mot + i ..::he
<br />fifth day before the caic of hire Property pursuant to the Pe ?wet of sale contained in this Dced of I rust nr (u) entry of a;u.7frucm ,'J r .i r 11—
<br />Deed of 1,rn%1 if* (a) Borrower pays Lender all sums which would he [hen due „nuer !fun 1)e, d -.,I f ru.c, thr Notc told n „der•, , -., :n utw, ? ,::u:,°
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