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85--' 002390 <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 fans 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 Deed of Trust. <br />UNess 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' Boeror er Not Rdeaed. Extension of the time for payment or modification of amortization of the sums secured by this peed 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 Borrower's successors in interest. <br />11, Forboursaee 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, RcowdksCuwAkdve. 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 taw or equity, and may be exercised concurrently, independently or successively. <br />13, and Aadtitm Bound: Joint and Several I shilti ; p Ca tioas. The covenants and agreements herein contained shall bind, and <br />the rights hereunder shall inure to, the respective <br />pective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 <br />herrnf_ All covenants and agreements of Borrower shall he 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 br 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 hereia, and Ibl 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 ma..ie';gnate 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 B.r• rc,— „r Lender when giver in the manner designated herein. <br />IS. Uniform 1liee4 of Trust; Governing law; Sevarrability. This form M deed Of ;rust combines uniform covenants for national use and <br />non - uniform covenants with limited variations by jurisdiction to consuritte a uniform security instrument covering real property. 'This feed of <br />Trust shall be governed by the law of the jurisdiction to which the Property !s 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 nor atf"rt other Provisions of this Ieed of Trust or the Note which can be <br />giycn effect without the conflicting provision, and to this end the firnawrc,ns tit the Deed of Trust and the Note are declared to he severable. <br />ih• Borrower's Copy. Borrower shall be furnished a conformed corn ,,f the tint" and of this Deed of Trust at the time of execution or <br />after recordation hereof. <br />17. i'raWer of the property; Assumption. If all or any <br />without Lender's prior written consent, "eluding Part of the Pro;Vrts ,,r an interest therein n sold or transferred by Borrower <br />g (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (h) the creation of <br />a purchasc money security interest for household appliances, (cf A transfer by dews. descent or by operation of law upon the ricath of a [Dint <br />anent or idt the grant of any leasehold interest of three years or less net containing An OPton to purchase. Lender may, ,it Lender's option, <br />declare all the sums secured by this Deed of "Trust to be tmmedtately due and savable. Lender shall have waived such option to accelerate [f, <br />;:.rtor :",'he sale err transfer. Lender and the person to whom the Property as to he sold or transferred reach agreement in writing that the credit of <br />'ueti Person is sansfactnry to Lender and that the interest payable on the sums secured by this feed of Trust shall he at such rate a, I ender slaafl <br />ryuesl. if Lender has waived the option to accelerate provided in toss paragraph I'. and if Borrower's successor m interest Its tiled it <br />written assumption agreement accepted in wring by I.ender, 1-ender shall release Lorrower from all Obligations under this Deed of trust and <br />F ° Nome. <br />it Lender exercises such option to accelerate, Ladder ',,hall ["all Borrower notice of acceleration in accordance wnh paragraph 14 hereof, <br />dais :h rttstice shall Provide a period of not less than 10 days from the date the no" :c t•. misled within which Borrower inav pay the -; -Mv declared <br />.Rue. c fiv Taritr fails to pay such ,sums Prior to the rRPiratiot , f such Ie,1,rd, Lender stay, without further notice or dernand nn Borrower, <br />,o.okc ar�y rcnaedses petmirfed by paragraph lit taerent <br />NON- LNIFtlRM COVENANTS. Borrower and Lender further, ovef)afil ;tnd agree ss f011ows: <br />18. . F:xceW as Proved In <br />in 'bin feed of Trout, t Pay when b e hereof, upon Borrower's Ccd if of any covenant or agreement of <br />tie eovatasats 1u tiny w, specifying; doe any su secured by 1h1s Iked of Truml, I ender prior to accelrra"a <br />to d provided in parsgrasph f® hemf y <br />a� t 30 days from the dale Of Notice is mailed to Borrower. bygwhich %ucb breach mast be cared; and 1) the failure tbreach; ure such <br />h oN er before the data specified IN the notice may result in acceleration of the sums secured by this Deed of Trust and sae III ' the Propert> . <br /># Wagais Borrower of the rigbt to reinstate after acceleration and the right to bring a court action to t the no' <br />r of a deftly ne say other ildea a of Borrower 10 acceleration and sale, IF the breach is not cured on or before the date y <br />1 er 1 's May declare ah of the stints secured by this Herd nP 1'rusl to be immediately due mad peclutf in the <br />Ned say iavohe the power of nk and any ol�r remedies Payable without further <br />r inrarred is porag ra by applicable law, bender shah be entitled to collect all reasonable <br />Ibe re provided In this Paragraph 18, including, but not Ilmlted to. reasonable altorney'I ices. <br />If <br />0" in" toples t paver of Invoked. Frontier seen record a Notice of default In each county In which Ike Property or some part thereof Is located <br />of IN #h! Msm" prescribed by appikabic IN"' to Borrower and to the other <br />After the of such file er may be 6 prraaas prescribed by applicable <br />prescribed by Isw. Tri*ater, <br />without demand on Borrower. ® bwshall r M 1 Property Politic notler of sae to the PM- Dos and in the manner <br />fIk terme fight, ' auction 1n the highest bidder at Ike cline <br />and Plut wA under In t� native of sae IN one or mare parcels and In such order as I'rustee may determine. I ru, may <br />ofy Pascal of The y by pablee announcement at the time and <br /># e mey the Property at any plsce of any prrvinnsty ve btdaMd sate, 1 rttdrt or <br />1 of paytneM of the Pike bid, I' shalt deliver to the Purchaser I'rwstre's decd conveying Ike Property hold. I'br res/ #ads do ralifte else T 's he fmie ev of the truth of ihr ylatetneatx anode Iherrin, """let skull s <br />tap tot eau am eap of the sale, lacladlug, but not limited to, 'f-rustre'h. tera�trf omit more #ban I the hale do Ihr <br />of for t nit y'+ f a costs of "tie evidence: rhl to sit suai+ secured by this tired or 111444; And tea the tsetse, il' <br />y. to t or end therela <br />18. aw>ar'r to tar. Notwarh tan hog 8 t a,lr r n < I, -rid .� �,) .! <br />n tti tore ,c lost dim ire, <br />rain =u h O e soy srixeraiir +pe asrgtais !,y f eudra to , nt�n,r iro I k•r,( i r I t i ;, ;. U.v � � •thrill i.wr <br />' r 1'r <rPr, sty purnuant N. the t w -.i •,I a� ' '' i -t ihc <br />�t r -i i7,+ Ise r�1 -f 1 -,i ,i i i o,t, ..I .� i „dkn•r"_ :ni, n,:ntl Chu' <br />:�e. .r - t f r,i.r P dash l�srenwa°r t�va P rtukt ,at) uittav fu.. F. -.ti �„ill •, ,,,, <br />w8 <br />Ar <br />n. <br />