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86_ 10678"1 <br />by this Deed of Trust immediately prior to the dime 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 Leader to Borrower that the condemnor offers to make an award or settle a <br />dam for dttsyes, Borrower fails to respond to Lads within 30 days after the data such notice is mailed, Lender is authorized to collect and <br />apply the proceeds, at Leaders option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. <br />Ualeas Leader and Harrower othetariae agree in writing, any such appliatiat of proceeds to principal shall not extend or postpone the due <br />dime of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. <br />H. llmwwer Not premed. Extension of the time for payment or modification of amortization of the stuns secured by this Deed of Trust <br />granted by Leader to any successor in imerat of Borrower shall not operate to release, in any manner. the liability of the original Borrower and <br />Borrower's succemors in interest. i alder shall not be required to commence prooeedinp against such successor or refuse to extend time for <br />payaetk or otherwise modify amortization of the mums secured by this Deed of Trust by reason of any demand made by the original Borrower <br />and Borrowe es wocesors in interest. <br />11 Fasbemaaa by iwaisr Nei a Waiver. Any forbearance by Leader in exercising any right or remedy hereunder, or otherwise afforded <br />by applicable law, shall tat 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 Leader shall net be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this <br />Bead of Trust. <br />12. i>wtlles Comaladve. 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. Sweomes tend Amigo Bowl; Joint and Seca ILiirly; 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 coovenieooeonly and are not W be used to interpret or define the provisions hereof. <br />14. Nodee. Except for any notice required under applicable law to be given m another mumer, (a) any notice to Borrower provided for in <br />this Deed of True shall be gives 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 Larder as provided herein, and (b) any notice to Lender shall be given by certified mail. return receipt <br />rued, 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. Unit Dead of Tess; Govin Lnr. Sevembiley. This form of deed of trust combines uniform covenants for national use and <br />moo - uniform oovenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of <br />Trot 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 />That or the Note conflicts with applicable law, such conflict shah 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 Dad of Trust and the Note are declared to be severable. <br />16. lerrewer's Copy. Borrower shall be furnished a conformed ropy of the Note and of this Deed of Trust at the time of execution or <br />after retardation hereof. <br />17. Transfer of the property; Amon*doa. 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 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 law upon the death of a joint <br />tenant or (d) the grant of any lemebold interest of three years or less net containing an option to purchase, Lender may, at Lender's option, <br />declare all the sums sectored by this Deed of Trust to be immediately due and payable. leader shalt 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. U Lander 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 Leader, Lender shall release Borrower from all obligations under this Deed of Trust and <br />the Note. <br />If Lender etawa such option to accelerate, Lender shall mail Borrower notice of 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. Acederallaa; hdlengeales. Except us proviid In psi- . 17 beeof. upset iorrower's brash of my covenant or agreement of <br />Illm am is tub Dad of Trust, ntdailag the cwemmb $o pay when due any atoms setarei by do Deed of Tani Leader prior to secdesado s <br />deal ni teatiee to Dog own set poo in I deckle 14 bet spedfyleg: (1) that (2) the aetioa rquboi to ere nob breach; (3) a <br />ire, rat lets them 3l1 day! [tong tier dime of aotloe b ao d to lortower, by waleh saeb bfeaea err W be carted; aced (q that fafare to care such <br />breath an alt before the dale spedlbi is the setice may rsmsY is acedentlw of the mines menrei by thin Deed of Trost sad sale of the property. <br />IUtea w dog fattier I So owes of tie right w ttiastate skier araxlcrmise ad the right to bring a cwt sexes to alert tie aoa- <br />airinoe of a I M teM xsrp elhmf defense of 1Mereww N acedeeatisst tesi made If tits breach b net tarsi an or beta e the ire specified in the <br />Andes, Ludw at Iwier's epdm ngq imrlme all of Or sanga secured by xis Dad of Trams to be mngdltsedy, ice and payab a without further <br />demand iii atay isretle ohm power of sale and any ether rengdis peengilsd b nppleabk law. I eater alhai be ettteUtlei to colect teY rengoobie <br />oesu and arpungs isneeetl ht panuiteo tae rrase — prnd k be this pwnpfpk 19, isclaifag. but am li nkd to, tleareaabie attorsey'i ten. <br />V of power of gab le b road, Trainee dhd wor a atutice of iefaah In act wuty is wYca the property or sole part thereof is located <br />esi Shen mM golden of each modes, is the owe p - -N by spplicmie bw to No owes well to the order penoas pesserlbd by appilaie <br />lmw. Atow tr hon of wen tinge m om be requird by Mg— 11 lo. Tromme deal SWe pol le aatice of sde to the pers ad k the asaawr <br />t 0 'by sppitable Isar. Tnsbr. wilbat deemed on Borrower. sled sell the property u public owdon to tb big' , bidder at the time <br />ad pines, and wins lie New dedelalsd In rim aedee of sak in nee or sore paeceI and is sock order as Trustee may let railee. Trams t may <br />pedleme,win of #B wingy pared of she prepwty by public aaaowoengnt at the tinge and {dace of any previowly sekeiebd sale. Leader or <br />LwdWo %eeoM am psRMum oleo pnpwty at an aab. <br />Udws rampt of ps i ' of the peke bid. Traow del deN ter to the parehnger TraAee's deed conveying the Property sold. The radials in <br />"sae IVN"e'a dud toed be p Asa [alit eeIOMN of the ttslh of the stmesnos wale therein. Trustee srW apply the proses of the sale is the <br />hllewhg order: (a) so al rawsMabla tams md eperas ut eke ale. beckeding. but act IIs11ed to, Trostee's feet of mot more them <br />of Awsms wb print. ewoatebk agawaey's toss and t - I of titre evidence; (b) to ant wume mecarr4 by tics Deed of Trust; and gel the excess. it <br />on, $a tam ptwe or psrmoaa body *added Usrato. <br />19. 11hentwoor's llgkt to RdaAaee. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, Borrower .halt have <br />On ritdst to Rave any proceedings begun by Leader to enforce this Deed of Trust discontinued at any time prior to the daffier to occur of t i) the <br />fift day before the sale of the Property pursuant to the power of sale contained in this Deed of Trust or till entry of a judgment enforcmy flag <br />Deed of Trutt if' (a) Borrower treys Lender all sums which would be then due under this feed of Trust, the Note ani! notes s vultnS i tatttre <br />