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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 [Hake 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 proceed,, 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 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 />10. 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 amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower
<br />and grower's successors in interest.
<br />11. Forbearam by Lender Not a 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 />Deed of Trust.
<br />12. Remedies Cttalahtive. 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. and As fgaa Booed; Joint sad 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 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 (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 given to Borrower or Lender when given in the manner designated herein.
<br />1S. Uniform Deed of Trost; Governing Law; Severability. 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 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 be
<br />given effect without the conflicting acting provision, and to this end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />16. Borrower's Co". 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 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 />deciare all the sums secured by this Deed of Trust to be immediately due and payable. Lender shall have waived such option to accelerate it,
<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 l ender shall
<br />request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has r - cured a
<br />written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this iced 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 novice is mailed within which Borrower may pay the sums declared
<br />due. If Borrower faits to pay such sums prior to the expiration of such period, Lender njaXwift t)t further,notim or demand on Borrower,
<br />invoke any remedies permitted by paragraph 18 hereof.
<br />t
<br />NON-UNIFORM COVENANTS. Narrower and Lender further covenant and
<br />18. . Except its provided In paragrapb 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Berrower as ebb Heed of Trt, Including the covenants to pay when due any sums secured by this faced of Trust, lender prior to acceleration
<br />I* Borinswer as provided in pattgirspb 14 hereof specifying: (1) the breach; (2) the action required to care such breach; (3) a
<br />&ft. Rol him than 30 days from die [bate of notice is muffled to Borrower, by whkh such breach must be cured; sad (4) that failure to care such
<br />branch as or befora the daft specified in the notice may reault In acceleration of the sums secured by this Deed of Trust and sale of the Property.
<br />The nod= sludill funber lafsam Bottawer of the right to reinstate after acceleration and The right to bring ■ coon action to a, the Moo-
<br />exholvere of a defook or my other [defense of Borrower to acceleration and sale. If the breach is not cored tin or before the date specified in the
<br />w4ke. f N 's opiolon my dKhn iii of the sums enured by this Heed of Trust to be immediately due and payable without further
<br />showed soodi my favol a The pm►er of ask sad any other remedies permitted by applicable law. Leader sball be entitled to reflect all reasonable
<br />c the remedies provided In this paragraph IA, including, but not limited to, reasonable attorney's fees.
<br />If the Power of salle in Invoked. Trustee shy record a notice of default In each county In which the Properiv ear same part themof Is located
<br />"A 40 WAN copies of such arelloctio in Ihe manner ~bed by applicable law to Borrower and to the other persons prescribed by applicable
<br />After On follow of rte emy be required by spilksilhe law. frastee shall give public notice of sale to the persons and in the manner
<br />PrnfrNW by bow. Trualmr. without demand on Booffower. shall seal the PN)perty at PeMk auction to the highest trildder at the time
<br />UM Phicle and ander Ow forms designated In the mAke of sale In tree or more parcels and In .inch order as fruster may deter. lar. I'rustrr msy
<br />PGOV*m wk of IN of the Property by public armovincement a1 the time and place of any prrvlomsty %chettaled %ale. Lender or
<br />I 's the Property at any eall
<br />I Tossm revallosto of payment of the , 'T %Mfl deliver to the purchaser I rustee's deed conveying the Property sold. I he recitals In
<br />the 6' nnift'%dftdxhM he prison fockovideact of the tratb of the ntalitmene, made therein. Trustee %hall apply the prcxreds of the male In the
<br />follawfiefforder., (alto a8 costs expeorant of the sale, {actudiaa, but not limited to, l ru %lee's tern c,f not more Iban
<br />rof st 'a fry sad cords of title evidence; chi to all Bums enured hT this Ireed of I rums and tci the recema, it
<br />y. (41 Ike Person, or entitled thereto,
<br />13. re's to Winslow Not withvtand l lea lender s aarodovm im, I lht, .; It] N .cured by tau. I if I t t, It rr ,e(,a 01.411 ha.
<br />ftc rs$ht tai have any proceedings begun by Lender 7n entorcr Iht, Ikv,i rat i "I ' n;;nEU'd at an, 1;mr ;,t the c-,u hr; t , nu • 1 s l ; la;
<br />sfth day hrfmc the salt cot the Property Pursuant to the Power of ,ale - _tauaanwd n; t ,sti ;)(",l ,11 1 ram ;,t Ind Ito •;I ,a I, ,latt;t'1 : nl,u rnty III I i'Ivll t>r 7 rU0 ;f I a J Horrnwei tin" 1 erugrf Al 4 tlnt4 ,bit 1, wnultt hr 1 ;;, a ,; ,c;, ,;" IVe,I ;.1 ''ml ; w ""Ic ;;;,1 n.. -;nun, ' �lr;! ;r
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