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IT.'!.. _ vv V• <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 fain 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 referral to in paragraphs 1 and 2 hereof or change the amount of such installments. <br />10. 111artson Not lAdwd. 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 manna, the liability of the original Borrower and <br />Borrower's successors in interest. Leander 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. Ferb t rsece by Larder Nei a Waitte. 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. >Remeifes CtstMlative. 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 bylaw or equity, and may be exercised concurrently, independently or successively. <br />13. Sseoesmses ad Assigaa Band; 7olm tad Several LiabiBty; Captious. 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 f'. <br />hereof. All coverants and agreements of Borrower shall be joint and several. The captions and `endings of 0 *c paragraphs of this Deed of Trust <br />are for convenience only and are not to be used to interpret or define the provisions hercot. <br />ld, Nodee. Except for any notice required under applicable law to he given in another manner, ice) 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 Leander as provided herein, and 1b) 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 Dad of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />15. 1 nNoes Deed d Troo; Goverdag Law; Severability. This format deed of trust combines uniform covenants for national use and <br />.iort- 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 !vote cohflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be <br />given effe.:t without the conflicting provision, and to this end the provisions of the Decd of Trust and the Note errs deciared io be sevcrahle. <br />14. iorrower's Co". Borrower shall be furnished a conformed copy of the Nc -le and of :his Deed of Trust at the time of execution or <br />After recordation hereof. <br />17. Transfer of The Property; Asialaptios. If all or any part of the Pre ens or an interest therein is sold or transferred by $orroxcr <br />without Lerda's Furor written consent, excluding (a) the creation of a Dien or encumbran:e subordinate to this Dsedoi Truett, lb)the creation of <br />a purchase money security interest for household appliances, 4c) a t:ansfcr by dcvuc, de,cenr or by operation of law upon the death of a joint <br />tenant or td) the grant of any Itasehold interest of three years or less not :ontamtng dot ilplIon to purchase, !_ender Titer%, at Lender, , }ptioo, <br />declare ail the sums secured by this Deed of Trust to D,e immediately :due anti payable- [.ender hal; ha.e uai.ed such rpt:nn ro a ... irra! if, <br />prior w *.he sale or transfer, Lender and the person to whom the Prop errs t< To he sold or transferred reach agreement :n writing trial *mc ore. :i; of <br />iz"b p erson is satisfactory to Lender and that the interest payable or. the Sums secured f?y this Deed of T ru,i hali be at wuift ; ai- ..s I ender rwh <br />rcqutsi if Lender has waived the option to accelerate prov;dcd m this caragraph 'i', and if Borrower uc :e,s +x in thtcre,' 'as rd a <br />written assumption agreement accepted in writing by I ender, 1 cna r 05.dl release Purrower f.om ai' obiiga:ton, ur;:ler true ihcil o; f ru,c and <br />,hv %wc. <br />It l.c €ider exercises such option to a,:ceheratc, l cnf.er shalt n„e:l llorr:iwer ; ,,:,c a::eierdt;.an tr. l.a.s:e v: i ; aragtd, }e 3s hereof. <br />sch nonce shalt provide a period of not less than xti days from the date the Poh :c r ma,lcd with!- wh;.n B orrowcr may , av itir Dais 3r_la; ra <br />due If Borrower fails to pay such semi prior to the cxptratton , su0i pen(il. i ender n:ay, w ;thout fo, : c. ,..:,c _. ,:ar.0 nn iiorr,mer. <br />;rev eke any remedies permitted by paragraph 19 hereof - <br />V-N -1. NIF'ORM COVENANTS. Borrower and Lender further cu.et ant anti agrees a, !,.Itows: <br />18. Acceleration; Rem 0a. FAcW me provided is paragraph 17 hereof. upon Borrower's breach of an% cosrasat or agreement of <br />•arrower is ddm teed of Trait, including the tovessets to pay "bee due any sums secured by thb !Deed of Trust, 1 enter prier it# acerferatloon <br />shag mail NoNat to nortowsr"prerided its oarstrao 11 berets/ specifying: 41) The breach; 42) the action moire!d to cure such hresch: 431 a <br />date. am has SIM 30 days true tbs date of aouce is saded to Borrower. by winch such breach must be cured; and 440 that failure to cart such <br />bomb an or Were the dele specified M race tsotice any result in acceleration of the Hires secured by Ibis Deed of Trent sad ado of the Prtnwnr . <br />Ilse soda shall further I Sm si is of the r*M to rsWslate miter accelerall" mad the AW to brisg a court action to assert the nuw- <br />rabilrem of a ddmN or asp odor defeaae of Starowes to acceleration said sale. If the bresch b oaf cured on of before the date .specified is the <br />abler. iAWK at landw's gdan may dacMrr M sf the sumo secureil b) this ]Iced of Trust to he immedialef) doe and pa)NMe without fortFter <br />dseMa I and any ineobs she psvo r of sak aced any cow r"nedles permitted by apphcsbk low. Leader shall bt eatttled to collect all reasonable <br />eus" aN it Intuited Is Intending the reaudeiks provided in this pan`raph I A. including. but not ffrsiled to. reawnsbk nitofney'% fees. <br />It Nw PO an of ask Is hwel ail, Ti oW AM reco►/ a sotlee of default to rash coast) in wbich the Property or some part thereof is It"Wil <br />sad 401saM coon of sseb spoke is the rttllsser prescribed by mpplkabk law to Borrower mend to The other persons, prescribed by applicable <br />law. After the brow of such Mme as My, be ttsd by -ppMeabi, law. 1tsatrt a" give Vow asseserr of sale lo the penoms and in Ihr manow <br />0 u "bit by sppMabb IM. Trios. wkb" dmmd oa borrower. shall sell the Protimy at pabYe surtfon to the highest bidder at the time <br />aced primes Md ender On foram dlN- I M the asseet of oak is ow or more parvrb, and In such order as f ruslrw mesa) deteroall". Irusu,r emery <br />ps!upssr ask of IN or say pn+lt of the Proerty by p Hie asnoaseeeneat at The flow mad piece of say prevhwafy scheduled We. 1 eadrr, ter <br />Lsmder's dotmlgnw am pateh"s the Property at ails ask. <br />Gpun /srtlp of l I offbeinierbild. Tissue shMM deMvH ho the purthaser 1ruslee's deed c[vaveyimg lbw rroperl> void. 1hr recieah 4n <br />the TroMoe "s died shah be pew fade ewidesee of The truth of the stateneatit made thwmn. frmteir sbaN app4s the prvtweds of the sale en 4hr <br />fe Mswfag arises hl M sM aeaonabie weals nod npeosn of thr ask, including, hat not hailed to. 1 rusfee's fees of not m[m than '3, env <br />of OF reamb Arks, niroseW MtstOwy's teas rssd"no of oflt rvidtme €bt Its all sums *"red by this Ieeed of bust: and 411 11w turm%. If <br />men, tat At pwwa of Owns" kw* radeird sber"a. <br />fe bsmnwer's W/bl to AlIsHM. . !rtxwgh [asKh tp 1 ciwta r 4k I I r n , e l', . s: <br />ha,V any txrxrVhtgts e7Ct,4ti I,, I rrudrr :r. e tleIT,e• tt: Ik< J ,I , ., s 1 <br />the Pr14rrry;+ensoan, c: ih, 1w,wrr .v, �. ,+ rs,. . :: ,lira." ... :. -.. . <br />: V,_, ,, T, ,%V ;t !ai Iiaorrrvrrr pav, I ehdft 'tJ mo aftu,tr ..E•,.., , !.;,.. -.ter lit .� .,. I <br />