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85002718
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Last modified
10/17/2011 8:44:54 PM
Creation date
4/1/2008 4:25:43 PM
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DEEDS
Inst Number
85002718
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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 pfd to Borrower. <br />if the Property u; abandoned by grower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a <br />claim for damages, Borrower fortis to rcsPMW to Lender within 30 days after the date such notice is mailed, Lender is authorized to <br />apply the proceeds, at Lender's option, either to restoration or repair of the Pr collect and <br />t1 Lender soul Borrower otherwise opertY or to the sums secured by this Dad of Trust. <br />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 />I& Not ltdeauad. l,.itterisidat of the time for <br />i WUW by L s payment or modification of amortization of the sums secured by this Deed of Trust <br />i Y uaexso in interest of Borrower shall not o <br />Bo rOwer's s Aerate to release, in any manner, the Lability of the original Borrower and <br />successors in interest. Lender shall not be required to commence <br />Payment or otherwise modify amortization of the sums secured by this Deed of r�by reason f any demand made by thetori anal time for <br />seed Borrower's successors in interest. Y Bros) Borrower <br />ll. Ferbpnrmoe h LaWer Note Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afford <br />by law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the afforded <br />taxes o' other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured ytthis of <br />Dad of Trust. <br />12. R*UKA a Cusevi ttiva All remedies Provided in this Dad 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 <br />13. Y ependently or successively. <br />moors OW � end' JeW aim Seveiral IAa�h': CaPt�. 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 <br />are for convenience only and are not to be used to interpret or define the provisions hereof. g paragraphs of this Died of Trust <br />11. Nom, Except for any notice required under a given <br />this Deed of Trust shall be given by mailing such notice by certtiified mail a dressed t Bo ro era the Property Address or at such othtr� for in <br />as mower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail, return redress <br />requested. to Leader'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 />lS. UaiRed+ae port' ot Ter; Coveird� Law; Severability This form of deed of trust combines uniform covenants far national use and <br />non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Dad <br />Trust be governed by the law of the jurisdiction in which the Pro of <br />Trost or the Note conflicts with applicable law, such conflict shall not affect other provisions of this atDeed of Trust or the allote which � be of <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 />1�• ��'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. Tniitster d►t the limey; Anampa". If all or an � <br />without Lender's y part of the Property or an interest therein is sold or transferred by Borrower <br />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 purity 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 <br />declare all the sums secured by this Deed of Trust to be immediately due and Payable. L option to Lender shall haveswaiveddsuch 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 his teed of Trust shall be at such rate as Lender shall <br />request. if Lender has waived the Option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has c%ocuted a <br />written umption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Deed of Trust and <br />:he Noe. <br />It Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. <br />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 />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 IS hereof. <br />
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