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�JJ� 11`**� [/gyp r— <br />by this Decd of.rrus lately prior to the date of taking treats :o the fan market .clue of the Pro rap immedrateiy <br />Pe - 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 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 installments referred to in paragraphs I and 2 hereof or change the amount of such installments. <br />I0. Borrower Not Releend. Extension of the time for payment or modification of amortization of the sums 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 not ire required to commence proceedings against such successor or refuse to extend time for <br />paymient or otherwise modify amortization of the sums secured by this Decd of Trust by reason of any demand made by the original Borrower <br />and Borrower's successors in interest. <br />11. Forbearance by Leader Not a Weber. 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 hens or charges by Lender shall not be a waiver of Lender's right to a,,eierate the maturity of the indebtedness secured by this <br />Deed of Trust. <br />12. Remedes Comabdve. All remedies provided in this Decd of T; ust are distrttct and cumulative to any other right or remedy under this <br />Deed of Trust or afforded bylaw or equity, and maybe exercifed concurrenth , independently or successively. <br />13. Successors sit Aar Bound; Joint tied Several Liability; C'apdons. The covenants and agreements herein coniamed shall bind, and <br />the rights hereunder shall inure [o, 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 dettme the provision- hereof. <br />14. Noder. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for it, <br />this Deed of Trust shall begiveo by mailing such notice by certif ;cd 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 1 ender 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 Forrower :v I ender when given in the manner designated herein. <br />15. Uniform Deed of Tram; Governing law; Severabilfty. This form It dent of :r.ist .ombines uniform covenants for national use and <br />non - uniform covenants with limited variations by jurisdiction to constitute a uniform ar.arity instrument ,oNering real property. This Deed of <br />Trust shall be governed by the law of the jurisdiction in which the Proper.% is l,: atri. 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 affec! other provisions of this l)ecd of 'Trust or the !vote which can be <br />given cffnt without the conflicting provision, and to this end the pro%ision^ of the f)eed n'. Trust and the Note are declared to he severable. <br />14. Borrower's Copy. Borrower shall Ile furnished a -onforme;j :opt of !hr No :, and of this Deed of Trust at the time of execution or <br />after recordation hereof <br />17. Transfer of the Property; Assumption. If all or acv par, Of •he i'r,gsr y , • in interest ;herein is sold or transferred by Borrower <br />wnhoui Lender's prior written consent. excluding fa) the creation alien <rc cn,um,:.arn,e sufxrdinate .o this Dred of "Trust tb) the creation of <br />a , urchale money Security interest for household appliances, 1c1 a !raster by devise, des ;eni or by operation of law upon the death of a joint <br />:enani or (d) the grant of any leasehold interest of three years nr less riot tinoa ;mng an option n? , urchase, Lender may, a; i.rnder's npiton_ <br />dc ;Iare all the sums secured by this Levi of Trust to be +mmed.aiely due and p acahle. I ender, chat; have wanrc such option To accclermv r <br />—.,r t:; the saie or transfer, Lender and the person to whom the Pu,pc•rts 1, r„ he roil or transferred reach erg; eeincro m writing that file credit of <br />.:,n person is satisfariorI to Lender and that the interest p ayahlc the rns sectored by this Deed of T u : hail he at such rate• s Let,der rhaii <br />.°:;Uesl. It Lender has waived the option to accelerate provided :n this paragraph 17, and ;f Borrower s a,,es >or ill Into.r : Sias r t;�a a <br />itten assumption agreement accepted in wfiimg h? Lender. I ender „null rrleasr Iiurr.•wer tram all nhhgauon, un:ler ihu Deed ui i i lit and <br />r 'Note <br />If Lc Cider exercises such option to dccelcra!r, Lender ,hail ,rsail fk r we .;e c _f ,c,cle at�oo I t :. rdsnu• "lift ttdragranii 1s hereof. <br />5;ah tio%,e shall provide a period of 7111 ies5 lhar•, it) days f-r,n, the daft ,ho a .r r ..nai.ed within "h.sh Borrower may pas .he ;airs declared <br />due If Borrower fails to pay such sums prior io the expirauc n „f s ,f, pCn,nj. d.cr dri :era?. wlthou, further non­- " :x demand ..m Borrower, <br />,rrso%c any renxdic, . permitted by paragraph IM hereof H <br />%O'% I hFFORM COVENANTS. Borrower and Lender further covenant anal agrrc as indoors <br />10. Acceleration; Rome". FACM1 as provided in paragraph 17 hereof. upon Borrower's breach of any covessst or agreement (if <br />Borrower to this Dord of tram, Inehading the covenants to Only when due any wan secured by this Deed of Trust. Leader prior to aeceltra lion <br />%MR a" notice to Borrows'► as provided is paragraph 14 hereof specifying: 11) the brcacb; (2) Ike action required to cure such breach; 131 a <br />date. Rol leas Hai 30 days from the date of notice is rssiied to Borrower, by which 'Inch breach mat be cared; sad f4) that failure to :urn such <br />bnwcb as or before the dale ttpulriW b the notice may result in accekrallos of tke sums secured by Ibis Deed of 'I ruse and sole of the Property. <br />[be notice shag h rdese Will Borrower of The right TR reinstate after acceleration sad the right to bring a court action to assert the Ron• <br />of ■ ddook ere say slip Adetter of Borrower Ta neceieraden and oak. If Ike breach is rM cured on or before the date specifl d In the <br />as**. lewder al header's Riskiest my decbsre SO of the sums secured by this Iced of Trust to be Immediately due and payable without further <br />demand and assy bvabir "Be pewee of ank aottd soy other rcmcdks Permilted by applicable law. Leader Own be entitled to coikcl all reasonable <br />costs sad raPesum bew►ad is puenling the remedies provided Is Ibis paragraph It, including, but not fidated ro. reasonable atlorat's fens. <br />It the power of 'sale is bevelled. Tirane aboill record a ashen of default in each county to which the Property or some pat Thereof is located <br />and sW and copies of Rich satire in list aeneett Prescribed by applicable law to Borrower and To the tether Persons prescribed ley applicable <br />low. Ater the lapar of each a may be rapped by Saw, 'trustee sits" gilt Puhtir notice of sate to the Persons and in Ike manner <br />Prescribed by appbrabie low. Trustee, wida m demand an Borrower. 4a1F sell Ibc Property aT PubW auctiau to the highest bidder al the time <br />and Pbrt and wdo Me Nrsas dmipalad in the notice of ank is use of snore panels and In such order as t ruster may determine. 'lrunter that <br />Postpone tale of ON of say porsell of the Property ley pubes asaouncement at the time and place .rf say Petfoasly scheduled sale. [trader or <br />Leader's IltsII my put Chain tie Property al say saki <br />t Pon st polmms of "e Pike bid. Intel" ow diver to Ike pon how f r ore's deed rnavtytng Ike 1'roperiy sold, flit recitals in <br />of 1 rualrt °s deed *60 be prima lick ethics". of the truth of Ibt slaltments mark tbenrin. T russet shall apply the Pro K rds of the sale in (be <br />L Of "Be Von f ordar: too to on rltWMbk "no lid fawn of the sale, including, hill not limited to, t ruster's fees of not mine than w <br />sole Kki. nmmmobk NtRCie7's feet gad ("es of title evidesoe, its) to all sums arrortd by this Liam of trust; and Iri the excess, if <br />suv, ro tbt Person or permits kolb ewMtied tbtwo. <br />1� burrNw'"'i MOOM to Reinstate. d ct r ere :r. a ", t i , "I I , I4 .„ , <br />,ii f*.t <br />� ant inm.c .anro fmrcecesAtrtgs begun Ms Lender r .. i t sec ! - � t , i. �.: s i, � , ! . <br />1171!1 lots he •lie the sakie of ivw f'r,lcrty; 1.rtld$ t t _vie i,wr i au , , <br />Is <br />