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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 snake 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 Deed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shalB not extend or postpone the due
<br />date of the monthly instalments referred to in paragraphs I and 2 hereof or change the amount of such installments.
<br />11 : Doe own Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Ike! of Trust
<br />granted by Lends 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 tt:n sums secured by this Deed of Trust by reason of any demand evade by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Faehsunma by Lender Not a Wain. 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 />taus or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of am indebtedness secured by this
<br />Deed of Trust.
<br />12. Rsusri)es Cat a alive. Ali remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under thi3
<br />Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively.
<br />13. Ssaemoi nod Aa*n Based; Join 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 Bender and Borrower, subject to the provisions of paragraph 17
<br />hereof. Alf 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 requited under applicable law to be given in another manner, (a) any notice to Borrower provided for in
<br />this Deed of Trust shall he 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 Dad of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. IIei ern Deed of Trust; Governing Law: Sevenilgty. This form of deed of trust combines uniform covenants for national use and
<br />root- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Bleed 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 Noe conflicts with applicable law, such conflict shall not affect other provisions of this Dad 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. 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 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 />tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may, 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 secured by this Deed 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 Lender exercises 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. Acceleration; Rome". FAcept u provided In paragraph 17 hereof, upon Borrower's breach of say covenant or agreement of
<br />But mum in thin Dud of Trail. Including the coveesns to pay when due any sues secured by thin Deed of Trud, Leader prior to acceleration
<br />sW wall notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breech; (2) the mellow ragnind to can such breach; (3) ■
<br />date, net kna them 311 days from Abe dote of notice is smiled go Borrower, by which neb breach mud be coed; and (4) that induce to can such
<br />broach on or before the dote specified In the notice my rent to acceleration of the sums secured by Able heed of Tod Bed mile of the Property.
<br />V e`4odee AM hither inform Borrower of the rig. to reinstate after acceleration and the right to bring a coed action to an" the mom -
<br />edakoet of a ' -fame or mop other defame of Rorrowei to acceleration and ok. if the breach b not condom or before tie date speedied In the
<br />molee. l,edsr at Leader's opdon may dael4ee 4111 of the star secant by this Deed of Trust to be lanrdlately due and payable without further
<br />domed mrd may nvoht the pews ef ok and ap other remtneiln permitted by applic able law. [.ender sW be eWtied to coYeet all reasonable
<br />tack ad tuaand In pursulsg the remedles prodded An thin paragraph 18, Including, bet act Method to, reasonable anorney's fen.
<br />N the power of Ask Is Invoked. Trumann sW record a made e of defask in each county is which the Property or some pad then*( Is located
<br />steed ahaB moil copies of such wtire in the manner peace rMed by applcabr law to Borrower mad to the other persons prmcribei by applicable
<br />low. ANor Me Mnpse of such floc as any be reqmkai by applicable low, Trustee shah give public notice of seek to the persons emd Is Abe meaner
<br />Ii - , I 'by applicable law. Teusbe, without deetaa I as Bor rower, shad sell the Property at public awd" to the highest bidder at the stmt
<br />Bed plain and under the tents I peted its the notice of seek In one or more pnretb and Is such order an Trustee may detnmise. Trustee may
<br />patpow seek of i or ow parcel of the Properly by public announcement at the dw sad place of any previously oebedeied sale. Leader or
<br />4 8wo do*- may puehmoa the P "arty at esy seek.
<br />Upton roamipl of poyneol of the price bed. Trosan sW &diver to the purchaser Trustee's deed conveying the Property sold. The reckah In
<br />tM Ttaolm'm dead *0 be puree facie evW*Kv of the truth of the stalemdwb made therein. Trustee shall apply the proceeds of the sale In the
<br />"o (a) M aM edosoaaik emu mad expenses of the seek. Including, bat not bntkW to, Trustee's tea of as morn tbam
<br />of Mt sroet ok'Prke. evamonable altor4ay's has sod cods of Ode evident: (b) to all sums secured by this Deed of Trust; mad (c) the extvss. it
<br />4q, to the parson or persons legally eadded thereto.
<br />19. Borrower's rJohl to Ott. ". witistanding I_end"'c acceletation of the arms scoured by this deed of Trust, &xruwcl 5ha11 hai c
<br />the fight to have any tur> mfings begun by I.cn&t to enforce this DLed of Trust disconlinued at any tnnc prior to the earlier ,o eh:iur o! t1 Itic
<br />fifth day befwr the sale o€ the Property pursuant to the (x,wer::f Saxe contained In this Dml of 'trust of (it) entry of a magttfenl eufotctou oii„
<br />De+d of Ttwu it, (a) Borrcgwet taps (.ettdet all scene whit-. wouid our lhett d1te ;usie, Phi, fated of Trust, the NOte ant! 11011: se u?tn 1 'Z tan:
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