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85- 002234 <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 tender within 30 days after the date such notice is mailed, Lender is authorized to collect and <br />r apply the proceeds, at Leader's option, citber to restoration or repair of the Property or to the sums secured by this Dad of Trust. <br />` Unless Larder 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 1 and 2 hereof or change the amount of such installments. <br />110. So owev Not Ballooned. Extension of the time for payment or modification of amortization of the stuns 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 therwise 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 slurs in interest. <br />11. Farbeeraw by Lender Not a Wshes. 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. Rammals Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this <br />Dead of Trust or afforded bylaw or equity, and maybe exercised concurrently, independently or successively. <br />13. Suuecseors dui Asipe lou ed; Joint esd Several Liability. Captious. 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 Dad of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />IS. Underm Drat of Trani; Geveraag Law; Sevenbitity. 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 feed 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 he severable. <br />16. Borrower's Copy. Borrower shall he 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. Truer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred by Borrower <br />without Under'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, te) a transfer by devise. descent or by operation of law upon the death of a joint <br />ienant or (d) the grant of any leaseftold interest of three years or less not containing an option to purchase. Lender may. at lenders option, <br />.leclare 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 />psirw to the sale of transfer, Lender and the person to whom the Property is to he 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 feed of Trust shall be at such rate is Lender shall <br />,cquest. If lender has wuve:d the option to accelerate provided in this paragraph 17, and if Borrower's successor in intrust has - :-cutcd a <br />written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all obligations under this Deed of I rust and <br />zhe Notc. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. <br />such mice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower :nay pay the sums declared <br />Jut, If Brower fails to pay such sums prior to the expiration of such period. I.endcr stay, without further notice or demand on Borrower, <br />invoke any remedies permitted by paragraph 18 hereof. <br />NON- UNIFORM COVENANTS. Borrower and Lender further cosenant and agree as follows: <br />11. Aaelesstba; Rome". Facspt in pievlded In paragraph 17 befeef, UPON Borrower's breach of My covenant of sgrecont of <br />I Rasrevdvs Is this ®seti of Treat. hdlt/irlR the c ®reeaab to lay when Ace tray sew txraM by 1 Daa! of Trust. [etudes prier to accrleeatisrt <br />t tad, to lerrowet on previMti In Pre W20 14 herself specifying: (l) the branch: (2) the action required to care such breach; (31 a <br />dese. so tees than 30 days from the doe of sodce Is mttied to Borrower, by which mrb breach swat be carrd; and (4) that faillm to cue such <br />branch a or holes e the doe spoodlai in the oceans say root Is acceleration of tie sin m secured by ibis Deed of Trust and irk of The Property. <br />The @wide 960 fin dire 1aNars Do sum of the rim to rsansfew after acctNeaties sod the rat to bring a court action to area the doe- <br />a dalladl or try ether def ere of lerrawa to socitionfilan and sale. If the breach is out cured an or before the dole specifkd In the <br />notice, Usdar at Loader's eptie a my decks dI of the sums sutureill by this Dred of Trust to be lastardistely due ond payable without further <br />d"Now and am Invoke the panel of ak dell duty nib" run if pertaltted by applicable law. Larder sbaN be entitled to radect *0 reasonable <br />cooft aced espm Incurred In pafwiog the feauedles pfovtded Is trait IN. InaMudng. but not flanked lo, ressionable attorney's it". <br />If the poser of sak is Mvebed. 'TrtseI a shell record a napes of default in rach county in which tees Property or som part thereof Is bseated <br />unit obsill waill coon of arrb dabs a the tainnier prescribed by appWabk taw to Borrower and to the other persons prescribed by applicable <br />fir, Meer Ibt apse at mauler tiatt rr ray he tegaNae) by appNcibl, aw, Trw tee simile give public notice of wile to the femean and fa the maser <br />prourribeill by sppMesble law. Truaw. wkbm damnd as lorrown, *0 eeM the Property of fro' Nc auction to the highest bidder of The time <br />mull pane and salad ere "ruse dripped IN tie notice of tae in on or mom parcel and in each of des in 'TrnW may daterfaine. Truant msv <br />poolliew Adr o of or M pared of the Property by public onsounceasene at ebt tine and place of any prevfouxfy wifedukd Aril. Lander or <br />iwnder's itre'a lttiay Pttarchem t4 ttepaty oe a,y ale, <br />t,Pae saddest of paywarN of the puke hid, 'Tfw*m OM deliver Is for purcbamer '1 resHt's deed coaveytag the Property surd. the Mitaku In <br />tiff nni is read d" prime fark calmer of the truth of the stafements molle thereto. Truaue Abed *M1 The of the In .ye <br />fsftwft em1R; 4e1 N mfr faeeeatlhk COM cad explain of 11if Mille, Ifichnifins, but not fica ted to. f use[ tie's fro of not me" than _ a <br />of the gfan rail print, moosablo stuor ry'a fees tad cow of 1100 evWore; ih) 14t all sawn Wu"d by fhb feed of Trust; and tc) the eItem, it <br />ref, to saw pffma ear Penh" k slift there". <br />M. 's Right to 11110110olieW. Not withelatidirtg I tinder's 3kLCIMMI,III III the amnia secured t,% (hiw iIml in InisI. 114itro%svi ahali hasr i <br />Irq IFght ?U have at" pfoceoilmill Brun by i ent}o 11) enlorcc this I"d ,.S t.ai,i diaa ont llYllPil At ,Ell s dint[ fir 11 `a 1fir vafhrf -,. seem!: 'I ti1 the <br />IM1,4 gAV bV 'A4! the safe tai the prtvmy plifetant to Ibe power iii hale ".nfamni ,'t €his I)rrcf I nto III r'III rr ,'.t a NMii 111vill rileI,,,i illy, Itur <br />� J ,.o Iftsat if iai Wtrower lays I evirJ41 sit aunsp i,N, h -mild he Iheu Joe imdef 'Pia 1 he,I .,i trews, iIw Nor I., I! :z•runnM, I ❑It"I <br />