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<br />by this Deed of Trust immediately prior to the date of taking hears 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 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 1 and 2 hereof or change the amount of such installments.
<br />10• Borrower Not Released. Extension of the time for
<br />granted by Lender to any successor in interest of Borrower shalPayment not operatmodification to ease n any man manner, the liability of h 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 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. Forbestanee by Leader Not • Waiver. 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 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. Remedies Cumulative. 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 concurrently, independently or successively.
<br />13. Successors and Assigns Bound; Joint sad Several Lability; 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. 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 (b) any notice to Lender shall he 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,), Lender when given in the manner designated herein.
<br />15. Uniform feed of Trust; Governing Law; Severability. 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 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. Transfer 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 />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 Deed 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 be at such rate as Lender shall
<br />request. If Lender has waived the option to accelerate provided in his paragraph 17, and if Borrower's successor in interest has c• - cuted 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- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />li. Acederadon; Remedies. Except as provided in
<br />Borrower In this Deed of Trot, i Paragraph 17 hereof, upon Borrower's, breach of say coveaant or agreement of
<br />adeding the covenants to pay when due any sums secured by this Deed of Trust, finder prior to acceleration
<br />date, Is" W less time to borrower o provided IN Pangnpb 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a
<br />sus time �� from dale of notice k mailed 10 Borrower, by which such breach must be cured; and (4) that failure to cure such
<br />breach ON a before the date specified a the aoTke a»y rcttait is acceleratloa Nf the sums secured by tills Deed of Trust and sale of the Properly.
<br />The notice further Inform Borrower of the right to relnslate after acceleration and the right to bring •cor
<br />etthNeaee of • default Or say other defense of Borrower to acceleration and sale. n action to amen The non -
<br />If The breech is not cured on or before the date specified in the
<br />detwikse, Lender at Leader's option My declare all of the sums secured by this Deed of Trust to be immediately due and payable without further
<br />�md all say Invoke the power of ask and any other remedies Permitted by applicable law. Lender shall be entitled 10 collect all reasonable
<br />coals and "Pensa lecerred In permdmg the remedies provided In this paragraph 18, Including, but not limited to, reasonable attorney's tees.
<br />if the Power I self k such hoed In The shall recor
<br />pied a rode of default in each county la which The Property of some part thereof is located
<br />� sYft mail copse• of such eotice In IYe maaatr Prescribed by applicable law go Borrower and to the other persons prescribed by applicable
<br />law. After the hIp•e of such time IN MAY be latpaired by • pplicable law, Trustee shall give public Notice of sale to the persons and In the manner
<br />Proscribed by Applicable law. Trustee, without demand on Borrower, shall sell the Property at Public auction to Ike highest bidder at the time
<br />Ned Pace and under the terms designated in the notice of sale In one or more parcels and IN such order as Trustee may determine. Trustee may
<br />Postpone sale of rtk or ANY Pei" of the Properly by Public announcement at Ike time and place of any previously scheduled sale. Lender or
<br />fRwkr's deditim MY parehime the Property at nay sale.
<br />Upon receipt of Payment of the price bid, Trustee shall deliver To the purchaser Trustee's deed conveying the Property sold. The recitals in
<br />the Trustee's deed shall be prima tacit evidence of be truth of the statements made therein. Trustee shall apply the proceeds of the sale In the
<br />following order: (a) to ON remeomahk costs sad expenses of the sak, including, but not limited lo. Trustee's fees of not more than
<br />Of the grow sale prier, reaaeaable atiorsey's fees and costs of title evidence,
<br />Nay, to the Person or Persons k Wy endtkd thereto. (n) to all arms secured by this Deed of Tru e
<br />st; nd (c) the excess, it
<br />If. Borrower's RIOI to Rdnsale. Notwithstanding Lender's acceleration of the sums secured by this Lhed of 1'rust, Borrower shall have
<br />the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any tittle prior to the earlier to occur of (i) the
<br />fifth day before the sale of the Property pursuant to the power of sale contained in this Deed of "trust or (ii) entry of a judgment en fixring this
<br />Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under this Deed of 1Tust, the Note and note+ securing Future
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