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a <br />by this Deed 85--Q <br />of Trust immediately prior to the date of taking bears to the fair market value of the Property imm 'arch <br />taking, with the balance of the proceeds paid to Borrower. Y Prior to the date of <br />If the Property is abandoned by Borrower, or if, <br />after notice by Lender to Borrower that the condemnor offers to make an award or settle a <br />claim for damages, 8onower fails to respond to Lender within 30 days after the date such is <br />notice mailed, Lender is authorized to collect and <br />Apply � tIK proceeds. <br />lam 's option. either to restoration or repair of the Property or to the sums secured by this Deed of Trust. <br />Borrower otlersvnse agree in <br />i <br />writing, any such application of proceeds to principal shalt not extend or postpone the d%e <br />date of the mown My inatallments referred to in parapapha 1 2 hereof <br />I <br />and or change the amount of such installments• <br />d. Banwww N.1 rr1@aa@d. Fateasioa 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 <br />f <br />shall not operate to release, in any manner, the liability of the original Borrower and <br />Borrower's 541001MIM in interest. Lender shall not be required to commence <br />f <br />r <br />proceedings against such successor or refuse to extend time for <br />Payment or otherwise moth fY aatotizataa of the soma secured by this Deed of Trust by reason of any demand made by the original Borrower <br />Slid Borsow�'s suttrowors n merest. <br />?. <br />11. Fwb@ww. e b ltwwdsr Nat a Worthen. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded <br />by applicabk law, shall not be a waiver of or preclude the <br />exercise of any such right or remedy. The procurement of insurance or the payment of <br />taxes or other yens or ages by Leader shall not be a waiver of Lender's right to accelerate the maturity <br />Deed indebtedness <br />of Trust. of the secured by this <br />12 "as" CniddNiee. 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 <br />concurrently, independently or successively. <br />13. Swoe@saors oresd Amlipa ~stagg; Jsgag s•d Several qty; Captgoes. The <br />covenants and agreements herein contained shall bind, and <br />the tights hereunder shut inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 <br />hereof. All covenants and agreements Borrower <br />of shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust <br />are for twnveakntx Only and are coo to be used to interpret or define <br />the provisions hereof. <br />11. Nolke, Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in <br />this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at the Property <br />Address or at such other address <br />as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shaA be given by oettiried mail, return receipt <br />requested, to Leader's address sated herein <br />or to such other address as Lender may designate by notice to Borrower as provided herein. Any <br />thrice provided for in this Deed of Trust shall to deemed to have been given to Borrower or Lender when given in the marm designated <br />Uut�oem <br />herein. <br />Deed Tom: Cam! law; SeveraWlty. This form of deed of trust combines uniform covenants for national use and <br />11011-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument <br />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, <br />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 declared <br />are to be severable. <br />If. Barrewsf's Copy. Borrower shay 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. Trwfet of the property; Assomildw. If all or an y part of the Property or an interest therein is sold or transferred by Borrower <br />without. Lender's prior written consent, excluding (a) the creation of a lien or encumbrance <br />subordinate to this Deed of Trust, (b) the creation of <br />a purchase money security interest for household appliances, (c) a transfer by devise, descent or by <br />operation of law u Don the death's a joint <br />tenant or (d) the grant of any leasehold interest of three years or less not contain 11g <br />an option to <br />declare all the sums secured D purchase, Lender may, at Lender's option, <br />by this Dad 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 <br />person to whom the Property is to be sold or transferred reach agreement in writing that the credit of <br />such persou is satisfactory to Lender and that the interest payable on the sums secured by Deed <br />this of Trust shall be at such rate as Lender shall <br />request. If !.vender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in <br />written <br />interest has c,�ecuted a <br />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 Lerida exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with paragraph 10 hereof. <br />Such notice provide a period of not leas than 30 days <br />from the date the notices is mailed within which Borrower may Pay the sums declared <br />due. If Borrower fails to Pay such sums prior to the expiration of such period, Lender <br />may, without further notice or demand on Borrower, <br />invoke sty remedies permitted by Paragraph IS hereof. <br />NON- t3NIFQRIN COVENANTS. Borrower and Lender further covenant and agree as follows: <br />Il Accal <br />area: Asmodl@L KU M as plot In paragraph 17 hereof, <br />80 -wen ht afs glad of rrtrt, apes Bor►eww's Yeanelt M pry cove or sipseveewt of <br />!•dading ore eov@sosls go <br />_ _ _ pry wbw doe say soar ewared by twk Dead of True, Ledsr prior le arxdrroNes <br />r ax ~ Ig he specifying., (1) the brand; (2) ore <br />lisle, tON km ass W*m rgwiM to core stseh !resew; (3) a <br />dips f a Iwo doe of aodw is OMM a Borrower, by whew each breach nap be C@rW; aid (4) twat hrsre f• core wry <br />be"* sea e@ bofase ore"spedrad In at swiss ewe <br />each <br />arty teaall N seedersdos of Iwe wma tenoned h ales aTK@d o1 Trwt sad we eN ore <br />Tlte.eddso 1tW krrrksr ishels Bwtsww uN the rWM 1e wdwh a Hoer oanlwsdas 14 <br />sod � N get a coin! oetloa to aa@srt ore aso- <br />sap saw M fiornsree w aeeslOrslfeo <br />es egae, <br />anti ask. If ore bissck Is oral coded so or before ore dne speeNkd to the <br />l test Of 14 d <br />taalke, l a/sr st f sMw's gllas attsp tkdsls er of ore tisttaa nlrtattpl by aka <br />o dog <br />Deed of Treat to be hanssdhsldy doe sad puaysMe wWMM fsrtwer <br />lktdsad aM a" NO IM psstsw of wile mad ay @caw rtnMWW permitted by appyeMle kw. Leader swan k entitled to <br />Me "lies" kww"d ntitle <br />M seMect td rsssowoNe <br />Y pnrI I tM renedrss RovNM is aria psngr epw 1g, Iscfa/1ag, Mt ON limited to skis <br />M ore poswe of ask k fsnilad. TrOW &lean my <br />nests a tropes of d@fsah is lack wasp' ke whew ore Ptepsaty or some Mrl a k IecatM <br />std sW and copies of atwk erodes N ore mbar pros, M A b' apppeawk Mw to so oswel sN to Ike o/ker <br />isw, Mrs'Ww <br />,Af~r woo" platerlkM k1 is filkaMe <br />of m* Mme cot array N rs pdnd ley appreyk law, Trashes swear love p eM tlolke M <br />eok to tke patseas sari h the ak"k <br />mad k1 ttpprokis law. Trades, wlaewl dsslaad wa Bonesrer, skaN sew Ike P►epartT at ptnkllr atttdss N Ike kigYeat M IN 11 Ike drae <br />add pYm toad aadw ore elms dadgamed M a@ tsodes <br />of tteie r. sae ar more ! I _z tad M mew at Jet as Trtrpse oaf dekrM&M. Traeger tray <br />POOP a mils of car Or MY pmai of an tsaparly by pWM a�eNCetswt <br />at ore doe seed pMwe of say <br />laadW$ �w cony pa dew ore peepasrl a1 ay ads. prVv�y aswMokd Ode. Leodw or <br />See"s of fm1 of ore pdn Md. Trnln ewer deliver N ore pnreksret Trissim's dad eea"Aid awe ftepeHy soil. The nrNak is <br />car TH1llate'e deed ded be pttkda lade trviildae M Mel <br />L <br />vas of ore seMnesaa aide tbw@M. Trown Am apply The preceeM or The ode to awe <br />efknrtal ordwt W N w ramtsaNe aetaM Bald •a.a•rw of Mtn mk, hs "erg. hot Set Bmi1N a. TrtrNe'r roes <br />ed trtie <br />car hat there thaw to <br />ltias tale g@fae, ntwdskk alleraoy'a f@w Md r@aM car tdr "M see; till to sl wnw <br />Wearied by tbk Dowd of Trutt; sad lei the txtssw, it <br />ay. yore pttw@s se putt "m k/ary @added acre!@, <br />d' M'*�'@r`$ NO& N rNMO M. Notwithstanding l..Crwkr's ael'eleta11,N1,)f the sums serufed by phis L)ee,l of 1`rust, hiotroarr shall have <br />t r to have any Proceedings M by Lond@r t0 enforce this Iced ul "6 rust <br />.tie,- ontinusf at any tune prior hf the cattle? to oc, ur ut tit the <br />fifth day before the sale of the PrtVWY Pursaa t to the power of %ate contained in (Ilia I)M. I of T!utt ,,t till rntly of it !udp!nenl rnl.a, 11111! Ili], <br />Deis! W iraaf if: (a) Wm~ pays herder <br />all sums which wouki he then clue under (his feed M trust. ihr N,,fr and a „try ,c5'uf inx F'u!uie <br />