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r <br />85= 00'3948 <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 baianee 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 snake 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 stuns secured by this Decd 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 I and 2 hereof or change the amount of such installments. <br />lt. b.rr wa NM Released. Extension of the time 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 />Borr ewer'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 feed of Trust by reason of any demand made by the original Borrower <br />and Borrower's successors in interest. <br />11. Forbow s 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 />Deed of Trust. <br />12. Rome" CaesaYtive. 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. Soma and Assips Noumd; ,loin and Several liability; 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 Trout <br />are for convenience only and are not to be used to interpret or define the provisions hereof. <br />14, Nodee. 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 />requested, to Lender's address staled 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 Leader when given in the manner designated herein. <br />13. Unitary Deed d Trost; Gove slog Law; Seves ty. This form of deed of trust combines uniform covenants for national use and <br />nonuniform 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 a 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 teed of Trust at the time of execution or <br />after recordation hereof. <br />17. Transfer of the Property; Awowption. 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 Iranster by devise, descent or by operation of law upon the death of a joint <br />tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, gender tray, 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 We or transfer, Lender and the person ;o whom the Property is to he sold or transferred reach agreement in writing tha! the credit of <br />such person is satisfactory to Lender and that the interest payable on the turns secured by this Deed of Trust shall be at such rare 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 executed a <br />written assumption agreement accepted in writing by Lender, Lender shall release Boc-rwcr 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 />dire. 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 />NONUNIFORM COVENANTS. Borrower and Lender further covenant and agr^e as follows: <br />It. AoreNssYoa; Rousadbs. FAcep as provided in paragraph 17 hereof, upon Borrower's breach of any covesmmt or ageRewemt trf <br />bonoever M tbb Deed of Tram. Melnding the covenants to pay woes doe any sunus secured by ibis (load of Trial, Lender prior to merderation <br />shah =0 notice N Narrower w provided In posgrmph 14 hereof s'ocifyieg: (1) the breach; (2) the salon required to con ranch bfeaci; (3) a <br />dnW, mot Iwo them 39 days Frees the date of solke is snagged to borrower, by which such breach rant be cured; and (4) that faamry to care sock <br />beemb as or bulletin d it ono spodf od Is Ike notice my rash to acceleration of the suss secured by this Deed of Tent and sole of the Property. <br />Tie N"w 40 fswftw Years Borrower of the rigN to reinstate dwr acceleration std the right to brbsg • coon action to assert The son- <br />Of a 4~ mr may OdW Manor of Norwower to accekrsUw and sale. If the branch is ma curd on or before the due specified Is the <br />angles, LWdw M Leader's opd" nay deciwW d of The emu see" by this heed of Trust to be Iwwedialely due and payable without further <br />degmmd mod say invoke the Pon" of see 1d lay other renedko persitted by m►pikabk law. Lender shmN be entitled to colkrt all reasolable <br />comas 1md npemaw knees is passing Ike rlwdles provided Is this paragraph it. Including, but not limited to, reasonable attorney's fees. <br />If doe paver W ale Is Invoked, Trustee sh1N norud a ore" of default in eacb county In which The Property or wore put thereof k located <br />and ni A OW copies of such tsotla Is the Warsaw pweribed by appNcable law to Borrower 1d to the other person prescribed by applicable <br />Yw. Ahtw Iles lapse of such tiM a T..y be gsglah by mppkc"k law, Trualee deli give public nonce of sage to The person sad in the seater <br />pgweefbmd by mppNtaNa Ywt TesTNsa, wNhmsl dWTglaTl eym Norrawtr, "wN the Properly mt p"k owtloo to the Mgbal bidder at the tilde <br />1d pima 1d mew the W mu dmdpMW is t11W rodeo of ale In one or son pastels sad its such order w Trustee may determdme, ?'ringer may <br />pampMa ale of IN or cry puwcsl of Ike Pnpwty by pstbhe mrmomsnnent of Ike tine sod plan of any prevkwaly scheduled sale, leader or <br />Iwmiee's chip" may I t Zell -- she Property as say sak, <br />Upon htWlpl of psymW of th pits bid. Tramee shall deliver to Ike parchasew Trusges's deed conveying the Property nerd. The recItale in <br />the Tr Art's dad 00 ba prlsa ftlefe taidemee of Ike troth of The asiamsta made tberelm. Trttngee AM stagily be proceeds of the sae la the <br />following owderr Wines rmmmmmmbY comb 1d npoam of the sage. Including, but not NpNled to. Truslev's fees of not wore than 3 ... •'a <br />ed to Craw salt pries, remseembk "teeny's fern tad coda of title evidence; (b) to all tiows secured by Ibis tired of Trust; and let Ike esces, if <br />may, to Tee peemou N Mrnssn NpNy 0~ Ihame. <br />19, berrower's RWH so RWImm{age. Notwithstanding Leoder't ecceieraIlon I d the Nil III % securcAI by Iles D"tI .II I IllsI, fi,If Io"I'r shall hair <br />the right to have any proceedings begun by Lender to enforce I b I % Deed of I ruse J %,.n tinuled at arts II me 1111.11 t:I Itte tar i it, l I„ ," rod ,0 (u the <br />t4th tiny before the wk of the Propferty pursuant to Ilie Ixrwet of tale a:uutalied In 1111 % heed t�I I rust ,II Ind eau t nl a 11 10FUte111 rnI I, Iitp tl,," <br />I)md of Trust If: (a) forrower pays (.ender rill sume which would he then titre under 011, 1kVd t,f tnnt, III, S„le ,aid rod", .ctunn I wale <br />