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85-- 002529 <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 Imid 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 Deed of Trust. <br />Unless fender 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 />A Dun rwes Not 1ldssud, 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 amortisation 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. Forbsermee y Laadn Not a Waher. 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 chin by Lender shall no be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this <br />Dad of Trust. <br />12. Remo" Causiadve. 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 maybe exercised concurrently, independently or successively. <br />13. Sooeeaawa act AwAgpss Round; Joint ad Several Liabblty; Captions. 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. Ail 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 rust to be used to interpret or define the provisions hereof. <br />14. Nodes Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in <br />this Dad of Trust shall be given by trailing 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 to Borrower or Lender when given in the manner designated herein. <br />15. Unit, Dad of Trust; Goverolag Law; Severabdlty. This form of deed of trust combines uniform covenants for national use and <br />nonuniform 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 Deed of Trust at the time of execution or <br />after recordation hereof. <br />17. Truafer of the Property; Aastsnptlm. 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)I 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. (N 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 Decd 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 />rcqucst. If Lender has waived the option to accelerate provided in this paragraph 11, and if Borrower's successor to interest has c,,.cutcd 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 Note. <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 proves a period of no less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared <br />due. If Borrower faits to pay such sours prior to the expiration of such period, tender may, without further notice or demand on Borrower, <br />invoke any rcnwdm permitted by paragraph 18 hereof. <br />W N- UNIFORM COVENANTS. Borrower and Lender further covenant and agrce as follows: <br />IL Aceaknntlua; AssnadMt. Excepts as provided In paragraph 17 bereef, apes Borrower's Is mein of any- cetauaw or agreement of <br />Borrower M this Deed of Trust. I 1 11ag the covetuttu to pay wines doe say sum secured by link Dead of Trust. 1.esdtr parlor to Wiveleration <br />shall no sntitt N Borrnvwr to provided Is pererspb N bneof sinecifyirs: (1) the breach; (2) the action required to core such branch: (3) a <br />dater, M has dian 36 Myer fses tie "of notice Is sanded to Borrower. by which such breach swo be curd; end (4) that failure to core such <br />bnaeh Out or belove ale dust eI IN is she aodoe ran)' rive dt Is acceleration of the suaw secured by ttW Died of Trust sad sae of the Property. <br />The soda dal furlbet bloom No ones of the rt M to rdaatas after seeekrdmo zed the AW to Itrleg a rosn Wile• to mom tint "a- <br />tXkW es Of ■ ddOW W tray leer olNeua of Borrower 1e accdersdat and sale. If the branch Is unit cared on of before the ion specified to the <br />Ladder at Ln" is option tturey dedere AN of fine suet secured by Ibis Deed of Trust to be lakesediately due and payable without fanlun <br />loco/ sot nay bsnht the power of Bait mod may other remedies penaitttd by applicable kw. Leaokr sW be entitled to called all reasonable <br />cow mod expense ktcrrn d in psui slag Ne manlike pfeaMed to this paragraph Ice, Including. but soh Ranked to, reasonable attoraey's fees. <br />If the ponnt of sail is Invoked, Trtree t shall record a setior of default in each c®enty IN which the Property Or sense part tbtreo+f Is located <br />nod slSil aaeN copies of rill aotia is the swan prescribed by applicable low to Borrown sod to the other persons priescrilsetil by applicable <br />law. After due Input of and dines as suss, to nyrkd by applicable kw. Trustee sW give public siter6m of sak to We pension and in the manner <br />presurNeul by spIII i I I Ise. Units. wldnew dead or Borrower. site sell the Property at i 4W auction to The Itilibst ►tdMt at the time <br />and pines mod under Nor tares deswunied In on notice of ode in ace or more parcek and In +loch order as Trustee may determine. 'Frwtte may <br />posoes a nee of ell or any pared of the Property by p*W asseemeseni at the time sot pace of any priviously sehtdutd sunk. Lcadee Of <br />t.udn"s /slice Itfv patehue the Property sisal Ws. <br />[;port of psyaonst of alt inlet bM. 'irtreke sW deliver to the purchaser Trasaies"'s dead cuaveylag the Property sold. 7Ae red" to <br />Me ftaskWa desA"be pricer fade oviduct of the truth of the n4altmeam marde therein. 'frwstee Nall apply tot prweeds of the link in the <br />L eodn: (a) le aB rarsaretthk rein of the wile, , boo not limited to. i s Mass of not morn than N1A _ ey <br />thr peers sett polar, in II Monsay's fees mod coats of title evtdl" are; (b) to aM sums secured by this tkrd of leash; and Iel the eater. if <br />sort, to alt pintsest or pore m it"* [bents. FN <br />19. 's NOW N 11lielanow. NolwithstansHnt l euder's siY CI Attot1 o1 tint +inns arturell I,v I h I % IWil 01 I['net, 1lorIower shall hart• <br />rte midst Io have any pfoccedurgs begun by Lender ro enforce this Iked ,,t I ,u"a ,IIq,onnmPiet] a tans t,rne. lit or to the eAtIIn to ,a c it nl (II the• <br />h(th day tvfore the sett of tie Property pursuant h_, the pursuer of Oak cowamcrl to then l)eed +"I I rIoi ,a no opines of s ,uafpntew °nforrtnp Ihw <br />f. f .=f I eml If ash N.rrmwxr pays tend" all aroma wha;:lr %,will() he then doe wider tf„o Deed o' 1 nt,i. Iry Not- and n„ t", ,0, 11,1np. I t,I"IV <br />