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1 <br />a <br />by this Deaf of Trust immediate) 86� `�'O23v' i <br />y prior to the date of taking bears to the fair market value of the Property immediatery 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 Lender's option, either to restoration or repair of the Property or to the sums secured by this Decd 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 1 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 Leader 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 Borrower's successors in interest. <br />11• Forbtusaaee by Larder 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• RemedinCumGbdve. 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• Smit'eee M and Assigns Bound; Joint lad 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 Iender 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 Decd 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 t0 Borrower or Lender when given in the manner designated herein. <br />IS. Uniform Dad of Trot; Goveraimig Law; Serenftfnty. 'This form of deed of trust combines uniform covenants for national use and <br />3011- 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 ut the Note conflicts with applicable law, such conflict shall not affect other provisions of this Decd of Trust or the Note which can he <br />given tiled without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared to he severable. <br />14' wer'S Cops. 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; AssuaWion. If all or any <br />= +shout [ ender's Part of the Property or :m interest thereto is sold or transferred by Borrower <br />prior written consent, excluding (a) the creation of a hen or encumbrance subordinate to this feed of Trust, (b) the creation of <br />a .:urchase money security interest for household appliances, fc) a transfer by devise, descent or by operation of law upon the death of a join[ <br />irnant orld)the grant of any leasehold Interest of three peas or less not containing an option to purchase. Lender ntay, at Lender's option, <br />dre lire all the sums secured by this Deed Of Trust to he tmmedialeiv due and Payable. I. ender shall have %awed such option to accelerate if, <br />Pf] ©r 10 !hr sale or transfer, lender and the person to whom the Property is to he sold or transferred reach agreement c writing that the credit of <br />"mice. Person :s satisfactory to lender and that the interest payabie rn the Burns secured by this Decd of Trust .liall he at such rate as Lender shall <br />reyucsl. It Lender has waived the option o <br />to accelerate Prvtdtt! it, this Paragraph 1'., and if Borrower's successor in interest has ,•..•cured a <br />written asaumptton damemicni accepted in %riling t,% Lender, I endcr ,hali release Wirrower from all obligations under this teed of Trust and <br />the N.. +te. <br />If Lender exercises such option to accelerate, I endcr shail [nail liirro%er .I,) of iCcelcrallon to accordance with paragraph 13 hereof, <br />suw:h notice shall provide a period of not Tess [hart 40 dal, from the date [fie nonce is rnailyd within %filch Borrower may pay the sums declared <br />due. if harrower fails to pay such sums prior ro the expiration of such penexf, : ender ;nay, thin wt ch Borrower <br />notice or demand net Borrower, <br />Inv oke any remedies ;etmitted by paragrai:h 19 hereof <br />NONUNIFORM COVENANTS. Borrower and lender further,:ovcn:mt and agree as follows ' <br />1tl. A <br />Except a ptaridl� in paragraph Il hereof. upon Borrower's breech of any iO*VMMu'f or egretlll ®l of <br />acre"weir in thin Dead of TrM- tie cortsaals to Pay when due an <br />Simon -a ainsice y y sums secured by this Deed of Trust. Leader prior t ®a tittmi <br />ss provided 111 e f rower, li (t) the breach; (2) Ike action required to cure such breach: (3) a <br />us/ I st days a froot <br />specified the �k of � , i Borrower. hr width such breach must be cured. and 14) that failure to cure such <br />breach o ec heron the data tMrttifttsl la the notice may result is eceritration of the sums Secured by this Deed of Trust amid sae of the P <br />l�fe t further fnfaal Borrower or the r�pM to t•tiustatr title acrtler' nos and tha roictly. court r of a dtauB or stay ether day de of to aeaekraUou amid sole, if the bleach Dal cured N or before the date Specified be Is non. <br />demand suld Lender tN 1i ;'s iuiy declare of 1 sums xCured by this lked of Trust to be imfarMatety due and <br />may tirohe the pawn of gad MAY other rc Ramble t RU re without farther <br />c t laeurred is ttrd by applicable law, I.retier shin be rminlfed to collect ap reasonable <br />the remedies provided In this paragraph 18. Including, but not limited to, reasonable allornty'x feast, <br />If the of uk k invoked. Trustee shall record a taotkc of dttrolt In each county in which tee PrOWIy or some <br />SW mu <br />r of stash Notice in The prmr{bcd by opplkablt low to Burrower and to Ike other part led by p litsfed <br />hew. After rte k! a of Busk thm as nay be b prrsaas Prescribed by applleabit <br />1". 'f wnMout demand veer Borrower. law, Truster span girt public notice of safe to the PrIM ons end In Bomtwer, sbab sin be Property at public aartlou to file klplbaut bidder ahttt <br />"A Place A" under <br />the terser to The a ®lire of sue Is oat or inure parrrls and In. b order as T easiest may determine. f ruaI" rsav <br />of or lay parcel of the y by aminaascrmrat at the time and <br />1 ,s o f the Properly of any Bak, piece of asy pmvleuSit Scheduled Sale. trader or <br />U al psy a/ the Pike bid. l' than deliver to Ike purchaser 1 rustet'S doned rouveyina the Pre <br />/ha C 'S be ft evidence of the bulk of the Stattmeafs made thtrttu, fluster Shan ■ tprrty IoM. The airfi de <br />r ; (a) to c aid a 'If for Sae, including, not limit l 1> the pnxr�S tit tilt Bair is tRt <br />ol gr a. rd tit. TruSttt'S fcsw of not entire Ihas nS <br />y•r itaa and eostr of t141t trltferrar; file In all Samx atcarral Poy this INw/ of tract: mud leer the rea'rsv, if <br />+uci, to the or rAU ohmic. <br />19' Beirrt wtr'm Mftkl to Rtiuslae. Not with%tarlding 1 raid, clr,stnm tit hP aEnx %:alter lv Ihs+ (ter l 111 <br />Ilse right to have any prax kin s ire un t+ <br />R y i rtiafrr to cnf,ir�.r tilt, .,1 I ntsl dis „stmued at on, utnt^ ��n,�i t • t;,a ,u, „z, <br />ritth 44% twtrte the sae of hike i'rniwrty putatiant to iltr w e[ tit ale . <br />t t a urri ur tier Ikcd f 1.. V u Iii rut ail > ntJiltn, �n n.. n t,p h,. <br />iterii :,P Irvat if tmt I?wtrr,.wrr payv, E ender Al u,ns wAt,li ,.m,td r” „ <br />