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003913 <br />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 balatrx 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 />chino 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 />r Unless Lender and Borrower otherwise agree in writing, any such application of procvxds to principal shall not extend or postpone the due <br />I date of the monthly installments referred to in paragraphs i and 2 hereof or change the amount of such installments. <br />IC Borrwwtr IWt Rtdsand. Extension of the closet 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 be required to commence proceedings against such successor or refuse to extend time for <br />payment or otherwise modify amitirtization 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. Ferbewmm by Lender Not a 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 />shed of Trust. <br />12. Res•sike Cwuladvr. Alf remedies provided in this teed of Trust are distinct and cumulative to any other right or remedy under this <br />ieed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively. <br />13' Soceosmors and Amiga Boned- IoW are Several Liability; Csplluas• The covenants and agreements herein contained shall bind, and <br />the rights hereunder shall inurr to, the respective successors and assigns of Lender and Borrower, ,untect to the provisions of paragrarh 17 <br />hereof. All covetantsand agreements of Borrower shall be joint and several. The captions and beading, of the paragraphs of this Deed of Trust <br />are for convenience only and are nirt ro 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, ta) anv not ice to Ltonower provided for in <br />this Deed of Trust shall be given by mailing such notice by certified mail addressed to Tt rro%er at !he Property Address or at such other address <br />as Borrower tray 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 Letder's address stated herein of to such other address as Lender may designate by notice ru Burrower as provided herein. Any <br />notice provided for in this Deed of Trust shall be deemed to have been given to Iorrower or Lender when given in the manner designareu herein. <br />IS. Uniform Deed of Tram; Governing Law; SevenblRly. This form of deed of trust combines uniform covenants for national use and <br />nun - uniform covenants with limited variations by jurisdiction to constitute a uniform scctnuv instrument covering real rropeny. This iced of <br />Trust shall be governed by the law of the jurisdiction in which the Property is :orated. In the event that any T.ovision or clause of this Deco of <br />feed Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this ed of Trust or the Note which can t c <br />given effect without the conflicting provision, and to this end the provisions of the Decd of Trust and the Note are declared to he .cscrable <br />15. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of 'Trust at the time rat execunon or <br />after recordation hereof. <br />17. Treader of the Property; Aswaption. 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 (al 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 ;out! <br />ienant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, Lender mav, at !.ender'. ,.,piton. <br />diecWc all the sums secured by this Deed of Trust it) tie immediateh due and payable Lender shall have waived such option to a;celerate it, <br />poor to the sale or transfer, Lender and the person to whom the Property ;; to he sold or transferred reach agreement tit writing that the credit of <br />,uch person is satisfactory to Lender and ;hat the interest payahtc on the Burns ,ccured oy !his feed of Trust shall he at such rate as lender shall <br />!equest. If Lender has waived the option to accelerate provided in :his paragraph 1. and if Borrower'; successor in intcresr has ,�.- cured a <br />written assumption agreement accepted in writing bs 1.endc7. I endcf ,hall release Borrower from all obltgallum under this Deed of Trust and <br />, ,hc .'vote. <br />If Lender exeroses such option to accelerate, Lender shall magi Borrower noi;Le to at ccleration in acrordancc with paragraph 14 hereof <br />Such notice shall provide a period of not less than 30 day, trou± ;he :Late thr noti•_c n madca within which Borrower may pay the sums declared <br />:Sue. If Borrower fails to pay such sums prior to the expiration of su.tt Ik•rnkf. D ender nia%, without further notice or demand on Borrower, <br />invoke any remedies permitted by paragraph Ili hereot <br />NON - UNIFORM COVENANTS. Borrower and Lender fut!her ctiscriant and agree as follows <br />It, Acceleration; Retmsdles. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenauT or agreement of <br />Borrower is thin Dord of Trost, lack&" the coverages To pay "ben due say sums secured by Ibis Deed of Trust. Lender prior to acceleration <br />*MR rmM aodet to Borrower s provided In parsitiraph 14 hereof speclfyieg: (1) the breech; (2) rise Action required to core soeh breach; iii a <br />date, met has tbaa M days (row tie date of model he mailed to Borrower, by wbic`h such breach mast be curled; and 44) that failure to care such <br />•rear! ON rK before the" apAcNkd in the notioe may result IN acceleration of the wm s secured by this Deed of Trust sad sale of the Property. <br />The motke shaM furtlar Inftsrm Borrmwtr Of the right to reimscate after orcirlendon wad the right to bring a corn action to assert The do"- <br />redolence of a defook or soy elder defeem of Borrower to accekredom and sale. If The breach is not cured on or before The date specified In Ike <br />mode'e, Leader me leader's opdom my declare all of the now secured by this Dred of Trust to be Immediately due and payable without further, <br />demand amd any Invoke the lower of sak and any other remedies permitted by applicable law. IRoder shall be ratit)ed to collect all reasonable <br />eased and expenn Incurred Is prsmiag the, as provided in this paragraph III, imcloding, but not Mailed to. reasonable attorney's fees. <br />If Nm poser of Oak is invoked. Ttttwe sMM rvirord a notice of default in rech county in which the Property or some part thereof is located <br />mod 40 a" coon of ach mods In The Iawer prescrlkrd by applicable law to Borrower and to the other <br />kw. Aftor the Impose of such deer as may be roquked by appMraMr low, Trustees give brie modce of sale to �us rleond Prescribed ad by a enso er <br />>d public perwma and is the meummr <br />POKO by m/pMeakk haw. Ttrma*, w1lYumt deasand me Borrower. shad seM The Property, al public auction to eke Mgbest bidder ae the time <br />sod PWm and undw The helms 69dpm ed to tie notice of ask In DEC or more parcels sad In web order as i rustee may determine. 'trustee may <br />pusegone IoW of ON ar Yy pwaef of lie Property by public sovemoremeaT aI the film and piece of any firrviously scheduled sak. Leader or <br />lead's dt *I" any pntibm the PropeRy N my Oak. <br />t,pos neslpl of P Ofml of tie prke bid, Trm ww like" "vir to the purchaser trustee's Bleed conveying the Properly sold. the recitaim In low <br />this It mo s's doted eMM bo Priam fmt1e tntdencr of the truth Of else etakmemts made therein. Trustee sball apply the proceeds of the ask in the Ki <br />L fe"oh g order: In) N so nas.wbk coats mad "Pons" Of #be sale. Incpolmg. but not Mailed to, ruslee's fers of Rol more than NIA <br />of Ibs p- mit Mkt, roasommhit altoOUty's fen rid cored Of lit* evidmwce; ib) to all soma secured by this Deed of Trust; and Ic) the mecea. it <br />army . to eke prroom or prrantr NguMy too" theme. <br />N. Bonawtr'e kl$M to Reimslae. Nett wit live and, rig Lender's :a. eels vii �r. of tenant, sesutad I v Ito; Dtml of 1 nw, li,w nett ,4x11 ha". <br />11M right r„ have anv proceedings hegun fly I erxlet to cnbnce this lied f i ravt cn., onlmue,f at sin hm'r prior •,+ the rarlict io ,r. of ;u Uv <br />! -111t d *v h0wr <hf sale of the Ptoic"It, purluarit oil tine pt.% r of We o'lliamed db fh1, Bred o! trust o. !pl rain .,! ,, I; nla nor"; cn!ni, i,tp dross <br />Pies,;t :.I tr,," ,I to) P.--et pa•v I.frafe, alt sum :.11,.,11 .:sold I,r ;?.ri. :Sur "Doer rtu� tired ai Sr„ ,r s,. ,r ­,i :,.. +r -. ..,-mv <br />A <br />