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r <br />L <br />85--,003658 <br />oy 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 far damages. Borrower fails to respond to Leader within 30 days after the date such notice is mailed, Lendr is authorized to collect and <br />apply 's option. either to restoration or repair of the Property or to the sums secured by this Deed of Trust. <br />due of the Lender itt�ah�u rap +ice in writing, any such application of proceeds to principal shall not extend or postpone the due <br />H. lortaaAy Paragraphs I and 2 hereof or change the amount of such installmems. <br />Rumored. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust <br />Fantod by Lender to any successor in interest of Borrower shall not operate to refuse, in any manner, the liability of the original Borrower and <br />Borrower's successors in interest. Leadr 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. Forbeanuee h pander Not a Wahw. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded <br />by applicable law' shalt rat 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• RenetBes Cmsola lve. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this <br />Dad of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively. <br />13. Saccasore and ARNIM )Istty; Joint sad Several <br />LtstbWq; Captious. The covenants and agreements herein contained shall bind, and <br />the Fights 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 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 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 Address or at such other address <br />as Borrower may designate by notice to Lender as provided herein, and certified <br />requested, to Lendr's address stated herein or to such other address as Le der may design ecby notice ovBorrower as prov died herein. Any <br />notice provided for in this Dad of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />15. Uldfeta Deed of Trust; Governing Law; SevaNblilty. This form of deed of trust combines uniform covenants for national use and <br />non- uniform 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 haw 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. Rommer'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. Trundler of the Property; Assumption. 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) 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, (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 learobold 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 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 person to whom the Property is to be sold or transferred reach agreement in writing that the credit of <br />such Arson is satisfactory to Lender and that the interest payable on the sums secured by this Deed 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%,-cured 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 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 />due. 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 18 hereof. <br />NON- UNIPORlN COVENANTS. Borrower and Lender further covenant and aster as follows: <br />li. AoodsittleN; Raon". Except a provider! in Paris~ 17 hereof, o <br />Satnwer d his Deed of Thal, Pa Borrower's breach of any covenant or ngreeneat of <br />f•ddiMg de covenants to pay witea due any surer secured by ttds Deed of Trust, Leader prior to acceleration <br />tteen nten ntatlte N Boo own err Prided d Psnpn* 14 hereof specifyitgc (1) the breach; (T) the action required to core each breach; (3) a <br />tint. eN has done 36 days train the due of Notice is UMW to Sommer, by which such breach lust be aveN; red (4) limp ldlare to care such <br />brameh on w halete M(t dtNt 4ssMlsd In net nooks nay result d accaterads"i of lose some secuM by dW Deed of Treat sad sue of the property, <br />The aotfee den (arch yoem go N," r o/ the rift d rdNStNe after acederadea and the rIgY1 to bring a cart artier to seen the as <br />ehislWos ate d ad or my either dslet use of Sorrown N scow sad she. If the beach ls not cure! a dw before she dhsle specified ix the <br />satire. Leader at pander's open stay Nolen an or the sum ntecnrrd by dd Deed of Tic to be <br />dimmed and May ievoise de part or seek ash tray isobar. het Me, l tsiy due and POYshie witbaat further <br />PC by <br />by appnctibk low. Leader shad be eatitW to canoes an reseoesbk <br />toad rani esysases IetanN f• Panmimg de eel provided Is ibis Paragraph 18, Including, boo Rol Mailed to, reasonable atfonwy's fen. <br />D de ewer of ale ls Invoiced, Trustee abaU record a notice of defsdt IN each Canty to which Ilue <br />and so" a" roods of stets Notice IN de earner Prescribed h appncabk law to Y w loose Part tbdreor ls orated <br />Ins. Ater an low of a� tine at Borrower sad to the other Persons Proscribed by applicable how, Trustee sioull give MaaaMed by' mgsoahk hew. Tres w. Vldnal demand on no own, it n sell obe p lrtbnc retire of oak to The poswms aetl im the enatser <br />and Place and NNdar tons IMOt property N pbnc %wilco to the higbou t bidder at the fine <br />datlgamted M the nuatiox of ale o ate a more Parcels and In such order as Trustee may determine. Trustee may <br />ape n ad a tents Pss`rl N Y by p—, asmosecamemt at the riae and Place of n <br />Leader's dsslgsss esay tease Met property N hay dr. Y prev scbedided de. Lender or <br />UP" Of POPENO of de Price bad. Trustee don deliver to the Purchom Trustee's deed conveying the Property sold. The recllals la <br />Mee Trustss'f dad seems k Ps�e hole divfdtaoe n lone lead of the statements rssde therein. Trustee 8W spptY the peeeteda of the sale to she <br />restrains order (s) so an mmmmm a Costs and edyenos of the ode, Including. but not United to, Trustee's fees of not more then the oak <br />.... ere <br />d dK pees ds Pries- remeomMk Oftmr=Y's fses pad Costs of tide evidence: (b) to all sums serried by t� deed of Trust; end (r1 the excess, if <br />raY- ro aft Person or Persons kg* etYMsd derma. <br />19, Setrower's IS& N Rdtutste, Notwithstanding Lender's acceleration of the sums secured by this lieed of Tr use, It, "( et shat! base <br />the right to have any proceedings begun by Lender to enforce this Dct,,d of Trust discontinued at any time grace w the carper t<, recut of l M the <br />fifth day before the sale of the Property Pursuant to the power of safe contained u) this Deed of Tntst or (ii) entry „} . ttedgmen: c ^nEorcinµ nn <br />Deed (if Trust if: (a) Borrower pays Lender all s,unts which would be then due under ihr, Ikrd rat heal, ehe Vote ,ind m,ic .c,+uing fatale <br />—i <br />