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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 Leader within 30 days after the date such notice is mailed, Lender is authorized to collar acrd
<br />apply the proceeds. at Lender's option, either to restoruion or repair of the Property
<br />Unless Lander and Borrower otherwise in writing, n o or to the stuns secured h this Deed of Trust.
<br />agree ng, 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 installments.
<br />10. Sore on Net Released. Extension of the time for payment or modification of amortization of the scans secured by this Dad 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 fe-r
<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 fader Not s 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 />Dad of Trust.
<br />12. Remedies Gmdetf +e. 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. Snotemurs and Assigns Round; lohat retail Several Liability; Capdoos. 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. 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 such other address
<br />as Borrower may designate by notice to Lender as provided herein, and (o) 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 Lander when given in the manner designated herein.
<br />15. Uniform Deed of Trust; Governing 1iw; SeverabfYtg, This form of dad 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 even! 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 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 Properly; Axmmpdm. 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 leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option,
<br />declare all the stems 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 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 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 th- 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. Acederatioe; Remedies. Except as provided is paragraph 17 hereof, apron Borrower's breach of any covenant or agreement of
<br />Borrower In this Deed of Toast, minding the covenants to pay when due any sems second by this Deed of Trust, Leader prior to acceleration
<br />sbolt mall notice to Borrower in provided is paragraph 14 hereof specifying: (1) the breach; (2) the sellout required to eve such breach; (3) a
<br />isle. set has then 30 days from the dale of notice Is =&W to Borrower, by which such breach most be cared; sail (4) that fadum to cure such
<br />been A w or before the date specified in the notice may .snit in soceleratinn of the sues secured by this Deed of Trust said sale of the Property.
<br />The sotie - Shoe further adorn Borrower of the right to reinstate after acceleration and the right to bring a court action to avert the non-
<br />of a defaule or say other defense of Borrower to acceleration and sale. If the breach Is not cured on or before the dale specified In the
<br />sNke, Leader at Leader's option nay declor a sill of the sums sacred by this Deed of Trust to be Immediately due and payable without further
<br />demand said easy invoke the power of sale and say other remedies permitted by applicable haw. Leader shall be entitled to collect all reasonable
<br />coat sd expenses incurred In pursuing the semeul , provided In this paragraph 18, Including. but not meted to, reasonable attorney's
<br />If the power Mask Is Invoked, Trustee shad record a notice of default Is each county is which the Property or some part thereof is located
<br />and shoe sshl eopis M such notice is the s prescribed by applicable paw to Borrower tad to the other parsons (inscribed by applicable
<br />low. Afar the lapse of such time as any be required by applicable low, Trustee shall give public notice of sale to the persons ad in the masher
<br />Ares I H by tt1 11 11 law. Trustee, without I on Borrower. sW see the Property at public suctlos to the highest bidder at the time
<br />and pbu and odes the fetes isignnled In the notice M sale In one or more parcels and in tech order as Trustee my determine. Trustee may
<br />I IP- I ask of IN or my Priced M the Property by politic announcement at the time and place of any (enviously scheduled sale. Lender or
<br />Iasder'a eealgsee say pescbsae the Property u W aale.
<br />Ufras ►eaMt M payment M the price bN, Tried a shod deliver to The purchaser Trustee's deed conveying than
<br />the Tr sloe's dad shall be apply proceeds o The recitals e
<br />prima tack evidence of the truth of the statements mile therein. Trustee shag • the of 'he Bak In than
<br />following order: (a) to an reasonable coats sad expenses of the sak, Including, but not meted to, Trustee's fees of not more than _ 3 _ 10
<br />M the gram pis pike, reasonable anorney's Las and costs of title evidence: (b) to all sums secured by ibis Deed of Trust: and (c) the excess, if
<br />MY. to the person or persona legally eatited thereto.
<br />It. Borrower's Right to Reinstate. Notwithstanding Iender's acceleration of the sums secured by this Lend of Trust. Borrower shit!! has,
<br />the right to have any proceedings begun by Lender to enforce this Decd of Trust discontinued at any time prior to the earlier to recur of ii, the
<br />fifth day before the sale of the Property pursuant to the power of sale contained in this Decd of Trust or (ii) emu of a judgrnent enforcing thus
<br />Deed of Trust if_ (a) Harrower pays Lender all sums which would be then due under this teed of Trust, the Nate and notes securmg h!:we
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