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a <br />P 0 616©4: <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 />t claim for damages, narrower 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 <br />Unless and of the Property or to the sums secured by this Deed of Trust. <br />Wee 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 1 and 2 hereof or change the amount of such installments. <br />10 Ben war Not Released. Extension of the time for <br />Payment or modification of amortization of the starts 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 roceedin <br />P gs 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 />t <br />and Borrower's successors in interest. <br />11. F011`600ra oe by Leader 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. Reaaedfp Cmvbdve. 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 afford by law or equity, and may be exercised concurrently, independently or successively. <br />13. Succors and Aaailin Bound; JOIN sad Several Lbw ry' C <br />the rights hereunder shall inure to, the Captions. The covenants and agreements herein contained shall bid, and <br />respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 <br />hereof. All covenants and agreements of Borrower shalt be joint and several. The captions and heath <br />are for convenience only and are not to be used to interpret ngs of the paragraphs of this Deed of Trust <br />erpret 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 Lcnder 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. UNlorm kid of Trust; Governing Law; Severabiilty. 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 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 peed 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 <br />without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate eeto his sold <br />eed of Traus famed a Borrower <br />a purchase money security interest for household appliances, (c) a transfer by devise, descent orb operation of law upon t, (b) the creation of <br />tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, Lender m h Lender's te of a 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 he 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 c- �cuted a <br />written assumption p agreement accepted in writing by [.ender, 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 nna <br />due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand o Borrowerr,, <br />invoke any remedies permitted by paragraph 18 hereof. <br />NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />i . A ; Reattodk& F.zael" as Provided IN <br />Borrower <br />h the Deed of Trial. Including MrallmPh 17 hereof, upon Borrower's of any Card!nnat or agreement of <br />the eavourtab to pay when due any sums secured by this led of Trial, t ender <br />shoulti mail <br />rode* to Borrower as Provided IN 14 hereof spccifyiNg: (1) the breach: (21 the auction Prior to acCNeradaa <br />deft' t� Ins theta Ji days (roar the date of awtice ht mailed to Borrower, by whkb such beach must be cured and 4h that failure bto sere' (inch <br />b"h eat dw !N"* the "speelfied Da the notice MAY tarot in acceleration of the *amts secured by this peed of Trust and sak of the Property. <br />'Ile Notice shisill hclher Woarta Borrower of the "Ot to rdaalate after acceleration and the riot to bring a court action to awrl the Ron. <br />it lida nit as any odw dden a of Borrower to accek0tiou and auk. If the breach i Doi cured on or before the date specified in the <br />Notice. demand 1' N i.eader's oNbas stay dleclare an at the sutra secured by this Deed of Trust to be immediately due and payable without further <br />sad my Inv"* the power of tale and any other remedies permitted by appikabk law. (ceder $hah be entitled to calker all reasonable <br />c and t hctcred N paraadaR the provlokd IN this <br />kr or rule le hfOItdtd. Trustee tdhaN Paa"agraph Ill, including, but not limited to, reasonable attorney's fees. <br />and record a notice of default in each County in which the Property or some part thereof is treated <br />� m®hce is the U04W Prescrlbed by applkabk law to Borrower aad to the other persons prescribed by applicable <br />kw. After Me lop" d such doe a my be requited by APpBCabk law. Trustee shall glue Public motet of sae to the <br />Ponscribed <br />1h law. Trustee, without demand on Borrower, shall sell the Properly at blk auction to the highest and <br />bidder at�the time <br />nod pleCa surd under Ns tersae led In the notice of sale in and or more parcels sad in each steer as Truvlo�e sassy determine. Trustee may <br />toe off a� as sty Parcel d the property by public . announcetment a' 'be !lane and place of any previously heduled oink. Lender or <br />postpone ! s �y Pteelase the Property at say sae. <br />I`*" of Payment of the prise old, of be shall deliver to the putc:haoier "f ruoitee's deed conveying the Property scald. T he reellah� in <br />the T .s shr� be prhlHl ratCle twOIemee of the truth of The statements made therein. "f'rustee 4ball app(} the proceeds of the vale in the <br />f : (a) 'a � <br />Coeds sad cape of the sae, including. but mat limited to, i'ruslee's fees of But more than ®'n <br />Of attorney's rasa and Ccasts of lick evidence: tot ir► all sums* secured by this Deed of trtasi: and tri she excess, if <br />may. o the Po ac p �dy entitled thereto. <br />i9• row'el's Rigid to Reinstate. Notwithstanding 1 "ena1c:r'r. a�bt.c'f��,aitaisn �,r o Ile ,tanl9 a, ^x s,red llc ihu, t)rc�i r i r,o,t, H4�to,�Hct ,Pssll ti:,�c <br />slid rgoihl ra_s hams a"Y Pt(iv i r ; <br />un by I.endet t €� rtofi�rcr thlo lteo) ,! 1. u,t �h . a�ohnt;t) .t° .��� �xotr p•r s i,• '!E� oair� x a <br />3 "ii ?ta r.i sy tcsre she ale s. t �.i aF t1) the i <br />P op tt�W put4toant !u the Niwer csl "a"c, st, P�•, t2�.�s t ! r a�, �,r tEit �s�,rs q ,a ,,,a�; ia�'n1 rii!�i� art itiG, <br />1 s9 r.f iraoar ;t too (i€ofr,1w 1 , rncler al) ssatta: <br />tucil mlil tw Rr?i; <br />