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by this Deed of Trust immediately prior to the dace 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 i €, after nouce by Lender to Borrower that the condemnor offers to make an award or settle a <br />claim for damages, grower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and <br />applythe proceeds, at 's option, either to restoration or repair of the Property or to the sums secured by this deed 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 />110. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed 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 for <br />payment or otherwise modify amortisation 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. Forbeamace by Leader Not s Walver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded <br />by applicable law, shall not he 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 shaft not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this <br />Deed of Trust. <br />12. Remedies Cumulative. 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 maybe exercised concurrently, independently or successively. <br />13. Succemors pad Assigns Bound; Joint std 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 he 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 (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 giver= to Borrower or Lender when given in the manner designated herein. <br />15. Uniform Deed of Trust: Governing law. Seversiblilly. This form of deed of trust combines uniform covenants for national use and <br />iron- 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 he <br />given effect without the conflicting provision, and co 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 part of the Property or an interest therein is sold or transferred by Borr -ver <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 sums secured by this Deed of Trust to be immediately due and payable. Lender shall have waived such option to accelerate is, <br />prior to the sate 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 phis paragraph 17, and if Borrower's successor in interest has executed a <br />written assumption agreement accepted in writing by Lender, tender ,hall release Borrower from all obligations under this Deed of Trust and <br />the Note. <br />If Lender exercises such option to accelerate, Lender shaft 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 dat t the notice is mailed within which Borrower may pay the su ns 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 Borrt er. <br />invoke any remedies permitted by paragraph IS hereof. <br />NON-UNIFORM COVENANTS. Borrower and Lender fur *,hcr covenant and agree as follows: <br />113. Acceleration; Remedies. Except as provided is paragraph 17 berrof, upon Borrower, breach of say covenant or agreement of <br />Borrower in this Recd of Trust, including the covenants to pay when due any sass secured by this Deed of Trust, Leader prior to acceleration <br />shaill mad notice to Borrower as provided in painklImpts 14 hereof specifying: t1) the breach: f2) the action required to cure such breach; (3) a <br />daft, not km than 30 days from the date of notice is mailed to Borrower, by which such breacts moat be cored; and 44) that failure to core such <br />breach on or before the date specified to the notice may result in acceleration of the sums secured by ibis Deed of Trust and sale of the Property. <br />The notice s further inform Borrower of the right to reinstate after acceleration and the right to taring a court action to assert the non- <br />existence of a default or any other defer of Borrower to acceleration and sale. If the breach is not cured on or before the date specified to the <br />Leader at Lender's option may declare ad of the sums secured by the Dead of Trust to be immediately due and payable without further <br />demand aid may Invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable <br />costs and expenses incurred in pursuing the remedles provided In this paragraph 18, including, but not limited to. reasonable attorney's fees. <br />It the power of mile is invoked. Trustee shall record a notice of default Is each county in which the Property or some part thereof is located <br />and shall and copies of such notice In the manner prescribed by applicable low to Borrower and to the other persons prescribed by applicabie <br />few. Aft the of such time as may be -reguired by applicable law. T give public notice of sale to the per om and in the - Wanner <br />prescribed by applicable law. Trustee. without demand on Borrower, shoilmil the Property at public auction to the highest bidder at the time <br />mad place and the terms In the notice of risk to one of more parcefs sad in such order as Trustee may drlermine. Trustee tray <br />postpone sale of ati or any parcel of the by public announcement at the time and plan of any previously scheduled sale. lender ear <br />Lender's designer may purchase the Property at any sate. <br />Upon revelpt of payment of the price bid, Trustee sbatl deliver to the purchaser Truslee's deed comcifinR the Property sots. the rep,1191, in <br />ttv' -'s deed shall be prime fade evidence of the truth of the statements rmute tberain. Trustee shalt apply the p"werds of the naie in Otte <br />f : Lai to an reasonable coo" and expenses of the Mdr. including, but not limned to, irostee's fees of Rot more than <br />4 the grow sak pr, , Teen stag stings €era and cosits of Witte e0denee: fbi it) all xuvns secured hs this Deed of I mm: and 10 the e%V—. 4 <br />an*. sR the perma or perwas legally refitted tbetrtw <br />19. ffsswar's Roclit to R+einriate_ vet tin i.ru D , t ; :, _ :u,a. tie <br />D"d ';8 1.a>, P tat, 3l— ! —'k, 0 > -sir wi- <br />