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85--- `003942 <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 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 attend or postpone the due <br />date of the monthly insstallmems referred to in paragraphs I and 2 hereof or change the amount of such installments. <br />Ili. Ewe~ No Mkerd. Eatemion of the time for payment or modification of amortization of the sums secured by this Deed of Trust <br />Seemed by Leader to any stsowwor 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. Leader shall not be required to comAlwe 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. IF ewwem by Lwow Not a Watwn. 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. ResuwYas Ces dagre. 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. Seeeeeamsn sod Assigns Nand; Joh t and Several Liability; Capeloss. 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 riot to be used to interpret or define the provisions hereof. <br />14. Noses. 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 be given by certified mail, return receipt <br />renuested, 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 or I-ender when given in the manner designated herein. <br />15. Uniform Dad of Tract; Governing latw; SeverabWty. This form of deed of trust combines uniform covenants for national use and <br />non - uniform covenants with limited vanativns by jurisdiction to constitute a uniform security instrument covering real property. This Deed of <br />Trust shall he go' tried 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 No.. 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 />14. Norroww's Cop'. Borrower shalt be furnished a conformed copy of the Note and of this Ttced of Trust at the time of execution or <br />after recordation hereof. <br />17. Truster of the Property; Asen+Mtiow. If all or any parr of the Property or an interest therein is sold or transferred by Borrower <br />without Leader's prior written consent, excluding ta) the creation of a lien or encumbrance subordinate to this Deed of Trusts (b) the creation of <br />a purchase money security interest for household appliances, ic) a transfer by devise, descent or by operation of law upon the death of a joint <br />:cnani 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 />deciare all the sums secured by this Deed of Trust to be Immediately due and payable. Lender .hall base waived such Option to accelerate it, <br />prior to the sale or transfer, Lender and the person to whom the Property is to he sold or transferred reach agreement art writing that the credit of <br />such person is satisfactory to tender and that the interest payable on the sums secured by this Deed of Trust shall he at such rate as tender shall <br />request. if Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's succrsoi in interest has esecu:rd a <br />written am- niption agreement a"cpled in writng h-. Lender, 1_cndcr shall release Itsrrrower froin all obligations under this teed tit '[rust and <br />the Note. <br />If Lender exercises such option to acceieratr. I ende, .hail nnatl Borrower notice of acceleration m accordance with Isaiagraph 14 hereof <br />Such novice shall provide a period of not less than Its days hrnn (lit late the noocc is mailed within which Borrower may pay the sums detiarcd <br />due. If florrowei fails to pay such sums prior to the espuation of su:h prruxl. I ender tnay, without further notice or demand on Borrower, <br />.nvokc any remediespe- mitred by paragraph 18 hereof. <br />NON- UNIFORM COVENANTS. Borrower and Larder further covenant anti agree as toilows <br />IS. Acceleration; Ittowdka. IFAcegt a provided in paragrsob 17 hwtof, upon Borrower's breach of any covenant or agisetttatt of <br />Morroww in this told of Troth, ineM/Ing the eoteteasb to pax *ben due soy seem secured by t►b Deed of Trust. l.eoin prior to acceleration <br />Am no nodor N soirrrwer net prestldmd N putngs pb 14 bervot specifying: elf the bresck; f2) the achioa required to curt such breech; (3) a <br />ink, not Ins Air 30 drys froze the deele of soda In ensiled to •om"W, by which web breach cwt be cured; std 14) that failure to can web <br />brorcb so rte before Me duns It III a I Is the ..tee My rant N at'eelrratless of the suns new by ebb Deer of Trust trod sak of the Property. <br />The nestles AM todw iMurm So ewer of As Agbt to reinswae stew ocrekrwduo sod the ftM to bring a com actor to arwl the soa- <br />eadmtoeeoe N a ebfeeeeN or mq odW eI I of Mwwowei to sceelerstkrr and "le, If tie breach Is sM cared on or before the dase specified Ia the <br />ewmks. tawder M Landn's spent may onsets-- elm of the wow secared by this Mad of True to be lustedately die and payable witbwl further <br />eloweasd and army, Invobs Ibis prwor of seek and my olhw reason permitted by applicable law. leader dtrtl be totted to coiled all reowsable <br />cons and oaosnala beewrrsd IRS - I the retwmdln provider Is ebb piragrapb 11. including, but lot Nailed to. reamosnbk ntorwey's fees. <br />It Am pow of seek is inrobod, Train dam roewd a tutee of ekfaalt to each county N which the Property or sowse pat thereof Is located <br />and Nam until copies of "A nnea in due Wapner pserribmr by applicable law to Mwrower sad to the otlew persons psarrebed by applicable <br />bmw. Ater Ae hiMw of snob dmw • sax be oegndw by appMcsbk kw. Trustee "give ptMk •wide of ale to the person sod is the sneer <br />psatsMur by appmesble low. Trorlw, wilbom detousind ea Borrower, shill sett the PraoeAy a p !elk auction to the higbsut bidder at the ten <br />WA plus and wore Ibs hem doeigg led IN the snlic of wk N owe or morn pwvtk and Is sock order as tnutee any dnaislu. funnel sway <br />perpow oak of aM w tin pr'd of dk Pt" we by psbme soowaceesewt me the time od piece of say previously sebrdobr ale. Lender or <br />lw/ete's eMlpme rsees pemethsmm Mar Pwepmstx ea seey ales <br />Upon wuNN of payment of sbs pin bid. Trunks AM dWivw to the percbe ser 1 rw aft,% deed tvatty)trg the Property old. TAe recNob is <br />On rsalm's dad shall ben prim facie enidswee of Or Irwib of Ilse sasenssass ears ilia is. Trwtte shop apply the wotw+dt of else dole to the <br />L fdtMowho prom.: ter} Nam neerreetlk ceek w etpmws s of the slit, lechmill", but sot fi alted to. Trustee's fefs of apt asore than "B <br />Of Of grow 11110 Pko, neeeaeeeeW geneety'm tun need cow of tot evideseY; I b) to all soots swurtr b) Ibbr I)rW of Trail; and cc I eke escess, if <br />M), N At peaty or 0 1 Meek #noted thwMo, <br />11. borrwww's FAWM N RelekMSe. Non wit hhtandtnM I cutter_, s, 64-r aiiwi of the Curti, hcrtared hs fns dead tit I u,i, IUo —art .Itnll Lair <br />rtm fight iv husyt any procestshtgs begun by I rrhk'r to rnlw r thtt Is"41 of t rut '11"'.nnnuet al alts ;vnr :,i _ice• !,, ;hr ral hr, 1, to t.. i.l 0" <br />tlfoh Jay �1tte the � at the Ptupetey puryuann to live powcr n) «ale :.nntamol rte Ihi, IWO id 1 run „r >i _ not ,•f t ni.tpm nip <br />I*f"t �,l hurt :i lei Holftr9wet flows I entMp all sum, whkh wmjkl he thei* :1ne ati.iei 01e, I)MI 5 1 ' =i.i �tiz Noll r,.; u- ir..,, nr.ir f din :r <br />