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t � , <br />86-o 108589 <br />by this Deed of Trust immediately prior to the date of taking bars 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, of if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a <br />clam 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 prnceede. arLasderIs option, aither to restoration or repair of the Property or to the sums secured by this DeeC of Trust. <br />Unless Lends mad Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due <br />due of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such instalments. <br />IL 11mmel r Pies Adsomi. Extension of the time for payment or modification of amortization of the sums secured by this Deed f Trust <br />grossed by Lander to any successor in inters of Borrower shalt not operate to release, in any manner, the liability of the original Borrower and <br />Borrower's successors in imeresL 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 sutras secured by this Dad of Trust by reason of any demand made by the original Borrows <br />and Borrower's succwots in interest. <br />11. lFisYanaove by Laniw Nat a Wolver. Any forbearance by Lender in exercising any right or remedy hereunder. or otherwise afforded <br />by appBgble law, shag 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 liar or clergss by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this <br />Deed of TnmL <br />12. wsmedho Comidedve. All remedies provided in this Dad of Trust are distinct and cumulative to any other right or remedy tinder this <br />Dees! of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively. <br />13. Sus moon; rani Aedgm Bomid; Joint tied Several 1.WfBty; Captlom. The covenants and agreements herein contained shall bind, and <br />the rights hereunder shall inure o, the respective successors and assigns of Lender and Borrows, subject to the provisions of paragraph 17 <br />hereof. Ali covenants and agreements of Borrower shell be joint and several. The captions and headings of the paragraphs of this Dad of Trust <br />are for convenience only and are not to be used to interpret or define the provisions hereof. <br />14. No**. 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 mad, return receipt <br />regte ad, 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 Borrows or Lends when given in the manner designated herein. <br />15. Udfeem Doi of Trent; Governing Law; SoveraMBty. 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 shah 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 shell not affect other provisions of this Dena 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 />If. Borrower's Cory. Borrows shalt 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. Tranfsr of the Property; Amompden. 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 Dad 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 law upon the death of a joint <br />tentimt or (d) the grant of any Ieasehold interest of throe yeah or less not containing an option to purchase. Lander may, at Leader's option, <br />dad mc all the sums sectored 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 Lender shall <br />request. If Leader 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 L ender, Lends shall release Borrows from all obligations under this Deed of Trust and <br />the Note. <br />If Leader exercises such option to accelerate, Lander shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. <br />Such notice shat 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 falls 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 19 hereof. <br />NON - UNIFORM COVENANTS. Borrower and lender further covenant and agree as follows: <br />hg. Aceders tlaa; Beadles. PSorapt n provided In paragraph 17 hereof, upon Borrower's irach of any covenant or agreeaeat of <br />Borrower In the Dash of Trap, I M - tie eovatiato to pay when doe sty sums neevsug by tilt Deed of Trap, Lanier prior to aaderatlon <br />sbd maB sakes to Bee own m pi - ids in paragraph 14 baeet specifying. (1) the Mani; (2) the action cagekai to eve anch breach; (3) a <br />late, tat ins dm 3f dop from the dale of oWm k >mOsd io Borrower, by n such] map be alai; od (4) that foBere fe core welt <br />broo4 on er iafime the dale apse1111 lathe eetice may rarest is ti —II, I of tie coma sennri by this need of Trap and vote of are Property. <br />Teti tntfea shin fughis , p Bsrsenas of tie ft ht M ralmome after tioeelpse -1 and the right to bring a cons t action to amen the sea - <br />aroare of a I 1— or tiny admr defame of Derrewer to a- 1 -1sn ad sale. B tine bretici look curl on or befere the due specified In the <br />aefte. LeadsM Lrrdte's offidoe may I A aft of the semi esew I by tis need of Trent to be immeatioiy dm and paynbk wftheat farther <br />damanind may kturrla do poww of ask end any otlkr reme" pwmkbd by law. Lender shall be milled so caged all remonabie <br />Case art sapnnt iernsroi W If . tie remedies providsi in this paragraph 12, helndfeg, but not Bmiol to, remonahk anorney's fens. <br />N the power of sale Is levelled. Trepee shag need a nodes of I asik In each county is which the Property or some pan thereof is located <br />set g" am coping of aneh netloe M tier manner pis, N by appikakfe law to Borrows and to the other persons piescrhbad by apFYatbie <br />low. Aftor tha lopes of sad dm a an may be egaI I by sppffi=W law. Tremor sW give petbYc natlee of sale to the person ad IN the manna <br />pomm0 by oppBeaik law. Tn1Me. wNMM demand so Bar owes, sW sell tie Property at poW aonioo to the bietnat bidder at the dens <br />mt pdeee Will Maier do tams dmfp w to do sutler of seie is ens or mom pmafm and Is seek order erg Trustee may delarodoe. Trwae may <br />powpwn side at so or so pared of tan Prepmep by poiBc emseemo mans at the time and plate of any prevkesly sehedaMi safe. Leader or <br />Loodoes dinkpi- som purcYam this Pis pmuy at may safe. <br />Upon nsslpee of If i of the On bld, Trtnlne slag dndhva to the pvehow Teapot's deed conveying the Property sold. The red" Is <br />tin ltwwls bsd w" bs'plma b& nNSae of iba iretlt of the Womano Wait dierdn. Trmoe gulf apply the pnuxeds of tee role in the <br />Mom" rsMr (a) Mss mmow k earls tid eapsnmm of tat nk. kse' - -let set NntMsd te. Trnrtee's tees of set mere than -.--3 --- '4 <br />of do Vow Bads peke. t meubk *Uwmg's Nm and cogs of title tvldeluee; (b) to aft sums sKm by this Deed of Tram; and (c) the exceas. if <br />m4, N rho poison or pesos kow artist tbnste. <br />0. Bra rove! BMt so Bdomme. Notwithstanding I. a oder's acceleration of the stems secured by this Deed of Trust. Bortowet %hall have <br />tee rig t o here say proceedings begun by Lender to enforce this heed of Trust discontinued at any time prior to the earlier to cx nu of (i) The , <br />fifth day bdore the sae of the Property pursuant to the power of sak cotttaited in this Dad of Trust or (ii) entry or a judatnent enforong t hie <br />Deed of Try if: (a) Borrower pays Lender NO %tuns which would be then due under chi. Deed of Trust, the Nnte and mute% scti utM$ 1 "'Utid1C <br />