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<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 Leader 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 />Ito. lerrsww Not Rdeand. 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 />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. Forbearance by Loader 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 ;%c maturity of the indebtedness secured by this
<br />Deed of Trust.
<br />12. Reessdiet CwmdMve. All remedies provided in this Deed of Trust are distinct and ca:oulative to any other right or remedy under this
<br />Decd of Trust or afforded bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13. Summonses and Assigns Owed; Joint and Several Li"ty; Capdons. 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 t3 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 [nailing 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 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 Lender when given in the manner designated herein.
<br />15. Uniform Deed of Trust; Goverrlog Law; Sewerabkity. 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 />lf. 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; Assoepdon. 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 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 Leader shalt
<br />request. If Leader 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 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 />NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />It. Aceekra ", Reow&n. Except as provided in paragraph 17 hereof, upon Borrower's breach of may covenant or agreement of
<br />Borrower is ebb Deed of Treat, taelmdlmg The covenants to pay when due any sums secured by this Deed of Trust, lender prior to acceleration
<br />shall well notice to Borrower ma provided In paragraph 14 hereof specifying: (1) the breach; (2) The action required to cure such breath; (3) a
<br />tae, nee has than 30 days from the dale of notice is maked to Borrower, by wbkh each breech wool be cared; and (4) that failure to cure sack
<br />breach em or before Ike dale specified in the notice my resale is acceleration of the sum secured by this Deed of Trust and sale of The Property.
<br />The mtotice sink farther hdorm Borrower of the right to reieatate filer acceleration and [be right To bring a court action to assert the mon•
<br />emblem of a defeak or any other defense of Borrower To acceleration sad sak. It The breech is not cured on or before The date specified in the
<br />aotiee, Leader at li esder's option my decare all of the sum secured by this Deed of Treat to he Immediately due and payable without further
<br />demand and may invoke the power of sink mall any other reoedles permitted by applicable law. Leader shall be entitled to collect all reasonable
<br />cab mad ntapean Ircarrcd In prrwimg the remedies provided in this paragraph 18, Including, but not limited to, reasonable attorney's fees.
<br />If the poww of seek is Invoked, Treatos shall record a notice of default In each county In which Ike Property or some part tbertof is located
<br />and AM mink copies of each notice In the muter prescribed by applicable law to Borrower and to the other pintos prescribed by applicable
<br />low, After the hpse of seek doe as any be required by applicable low, Trustee shall give public notice of sale to the persons and in the mono"
<br />proscribed by mpplic" law. Towne, whheat des oW on Borrower, shall sell the Property at public section to the highest bidder ■I the time
<br />std piece mad under the brms dnlgaaNd In the modee of sale is not or more parcels and in such order as Trustee may ehewrwime. Trustee may
<br />postpone ask of all or my parcel of The Property by public anol"welment at the time and place of any previously scheduled sale. Lender or
<br />Leader's deaigan ray p ciwm the Property at any ask.
<br />UPON naipl of paymsew of ere price bid, Trustee shad deliver to the purchaser Trustee's deed conveying the Property sold. The recitals in
<br />the Trasbe's deed shall be prima fade evidence of the truth of (be statements made therein. Trustee shall apply the proceeds of the sale in the
<br />followhg order: (a) to act reason" costa mad expenses of the sale, including, but not limited to, Trustee's fees of not more than __ 3 °'o
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<br />L of The gross ink pries, reasonable attorney's few mad costs of (ilk evidence; tb) to all sums secured by Ibis heed of Trust; and lei the excess, if
<br />ilie
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<br />any, lo the Prevost or persons legally @added thereto.
<br />19. Borrower's Right to Reimhte. Notwithstanding Lender's acceleration of the .unis secured by this lhcd of (rust, liorro%Ncr shall has c
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<br />t1+e right to have any proceedings begun by Lender to enforce this Ikrd of Trust drscunnnucd at any lime pnor to ;he cat I ;,, nrcur of U1 ;hr
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<br />fifth day before the sale of the Property pursuant t o t he power of Nair contained m this I)eed of I III, t or (ft) cat IN rat it wdgmrnt e III, +rr I rg t!n.
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<br />Used of "trust if: (a) Borrower pays Lender all sums which would he [hen INC undet this L)ccd of t lust, ;Inc v,,;, and mar. ,•;m 1ne I :utnr
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