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. 1 <br />85--. 002284 <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 Lender within 30 days after, the date such notice is mailed, Lender is authorized to collect and <br />apply the proceeds, at Leader'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 ilWallments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. <br />14. bm away Not Rdtkwi. Extension of the time for payment or modification of amortization of the sutras 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 too 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 Borrower's successors in interest. <br />11. Forbswma by Lands Nell a Waives. 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 lieu 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. RowWW CtsaaMtln. 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 by aw or equity, and maybe exercised concurrently, independently or successively. <br />13. Saeaasors a W Assipa Bound; JeW med Severed 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. Nedoe. 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 retailing 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 tb) 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 do }ignate 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 />15. UtsNeKS Dad of Trust; Govdtrvil g Law; Seventy. 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 />14. 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; Assusption. 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 sums secured by this Deed of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if, <br />prnar I. 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 to this paragraph 17, and if Borrower's successor in interest has c%,icutcd 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 Nate. <br />If 1.4nder 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 the sums declared <br />dur 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 />U. Aeeakead": Rommem". Facet ns provided In paragraph 17 hereof. upon Borrower's bresch of tae go-y~ or of <br />Borrower In this Dad of Trust. Incladhg for coventsts to pay when doe may stuns secured by this Deed of Tvu*'1 OWW OA ie <br />SW asad nodal to am a of ma provided In peragraph 14 hpssaf specifying: (1) the breach; (2) the action requited to cure such breach; (3) a <br />dkte, not leas *an 31 dot's boos the "of rnetice is asdkd to Borrower. by wbicb sub breach most be cared; and (4) that Were to care such <br />bsearH o0 or beNso dsi dale spg IN N 1!e nod« ran nNll le accakntWo of the sum secured by this Ihaed ut Trust and msk of ibe Property. <br />TUr wasin *MH Interim Infers Berrowa of the A& to reinstate after aecelermtlon tied the r*M to bring a coon adder to atunrt Ilse nou- <br />ef a dei ele or an open de/ease of Do vote to Kedesadon sad tom. If ibe breach Is act cored on or before the date spedfled In the <br />under, Larnder so I Ra/a's opdes stay derived of Ibe some weared by this Ikd of Trust to be lnamMtdy due and payable without tones <br />dasssd and my #robe dle poww of eV! lnd an odlet remattiies psrmitted by appkable law. I.rtrder sMH be eulttled to rollect all nommmble <br />coo and eapp Incurred Is pnnaing Nos margins provided for this paragraph 18. tadediag, but not Hndied to, reasonable attorney's fees. <br />Li He power ed gale M Invohd. Tropes shad record a aadct of default in cub county in which the Property or sorer pat thrreof In Initiated <br />and sMB read copies of suet soda In dle manner prescrfbd by applicable law to Borrower and to the other persens proscribed by appWablt <br />few. After cis Inputs of and Was u reap be required by applicable kw, Trustee shed give poblk aodre of .mile to the persons and Is the ammuse r <br />N mI 1 1 s law. Trst per, wtdwat desaed oo Borrower. sMN wrM the Property at pobp - suction to the highest bidder at the time <br />and pgms said under dos biros dslplNad In Ns under of undo In ore or more parcels and In mach order as Trastrr sany dtwmhe. fromtrr may <br />primilipmer seek of of or an perod of de Proper" by pubpr **mmocemxut mI the time and pW* of any pmkmWy sekedul d sale. Icadrr or <br />Lnder's NMgas asy ptu I On Property al ray oak. <br />Upse rsgdpt of pyrmsal of the pens bid. Trots &W fiver to IM pureharr 't rusta's deed eeow"It" the Property sold. The nwhaM In <br />do Trashie's died 40 be prim flee evidence of the truth of The statements, stick therein. Trustee shy apply roar protwillif of The vak in Ilk <br />fmftwft evdsv: (a) In M ra m000k cored all of rfk male. Winding. hot mot )toped In, Trsstee'm to" of not mote than 1_ _ rrr <br />of Mr grew male price, rsnaoel" pasxney'm term and coste of ddr evidenced (b1 to aq mass secured by Ihk Derd tit "I rust. and Io the excess. if <br />may, to Ne psrm" nr o I -I WIls" *s"W theme. <br />19. 't Night to Notwithstanding 1 entfrr'i accelt.•r iii wit ,,t Itic turns se,,ureel by (Ill, 1)(VJ,�t Host, Hill lower ,hall Ilmr <br />t #e tinlitt t4% tAVC any pfar - Hips btlron fey 1 kfnitr it enlot('e this Dre.l rat I runt di" ,milnurd at (tnv tone vtioi io the rather to ,N:i tti of of the .... <br />fifth almy larfewe the seek+ of the Property putsuant to the tower of sale contaunt.i ,n Niis meal of hunt or lo) enter rat a lu.lft))e»i clll.u. not, th., <br />fry of "Tritv if fai Btrrower pays Lender all %urn% which would tic ttirrr dur mndra !101 (teed 'It I riot. the Nvat, ens! nut,°. pcnuiut; I Will, <br />