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%J%J, -W r 004413 <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 damopm, Borrower fail to respond to Lender within 30 days after the date such notice is mailed, fender is authorized to collect and <br />apply the proceads, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Dad 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 />due of the moodily installments referred to in paragraphs 1 and 2 hereof or change the amount of such installotatts. <br />IL Berrwanr Nat ■dace@/, Eaturion of the time for payment or modification of amortization of the sums secured by this Deed of Trust <br />granted by Lender to rimy successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and <br />Borrower's a wcumn in imurat. Lender shall not be required to commence proceedings against such successor or refuse to extend time for <br />payment or otherwise modifli amonlu ion of the sums secured by this Dad of Trust by reason of any demand trade by the original Borrower <br />and Borrower's successors In imterat. <br />II. forba by Lemdw Note t oho. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded <br />by applicable law, shall riot be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of <br />taxes of other liens or charga by Lender shelf am be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this <br />Dad of Trust. <br />12. Bisidies C misladve. AN remedies provided in this Dad of Trust are distinct and cumulative to any other right or remedy under this <br />Dead of Trust or afforded bylaw or equity, and may be exercised concurrently, independently or successively. <br />13. Smsaaesa nd Assign D mud; Jobs! and Scow Liability; Captions. The covenants and agreements herein contained shall bind, and <br />the rights hereuader shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 <br />hereof. All covenants and egrrempts 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 to be used to interpret or define the provisions hereof. <br />IC Necks. 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 moaning 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 trail, return receipt <br />requested, to Leader's address noted 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 />I3. Umitws Deed N Trait; Gstveales Law; Srm abigty. This form of dad of trust combines uniform covenants for nistiotttil use and <br />nom ,uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Dad of <br />Trust shalt 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 effort 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. Bar near 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. Trander N the Isr"ar ; Ameaplon, If all or any pan 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 safe or transfer, Lender and the prison 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 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 cvecuted a <br />written assumption agreement accepted in writing by Vender, Lender :hall 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 a"cletation in accordance with paragraph Ie hereof. <br />Such notice shalt 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. It 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 />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />10. ActelwnYam; 111mmi se. fseep as prevlMd to /nngroo 17 Went, rpm Borrower's breacb of any covesoot or all rsem e- of <br />No rimier is Ali Dad of Trait, locNdlmg tie eevetamis to pay wbm dove any amts aremnN by thle Heed of Tram, leader prior to accelermdam <br />40 small oeNa M No own as provMN III p 0 14 Meet gae(lylq: 11) tie boom (2) obe octles rasloh, to ewe sock bremb; (3) ■ <br />into, NI Mai figs 3g ringer few lice inter N' tsetiee N ntaYed N Borrower, Yy whkb lath btaadl mom be etas/: and (4) lhal fagmre M core sock <br />boast em or bNea lw dale spo dllM III Noe satin my ru& In aeosiwmMem of 1M sums sesw I by elk Deed of Tram aced oak of The Property. <br />The metier *0 teardr r Nees Bentswer of Nee A& to M - - alter acceleration will dw ftM to bring a cowl i c eel to seam lM arm• <br />aaklsate of a iihsgt or may elm ddense N Bettewer to occela atiw aM de, It lw Its aeb In was car N an or before the loft specified In the <br />dedn, temdw nt IuaMe's mpMw mar dotbn all N lw tutor ssear by thk doted of Trost a be tm=WW ly dw! anti pysbk wNbewt tortwr <br />donned toad nay Mltebr [w pow M ale nd tray ether rewtdka permsillid by appgnblr law. larder shall be rmllNad le criNK all rasemabk <br />t)ieti anti Imanrrstd Y parruMg tdw mwWM pesided is Ibla pryrgb lA, Irel -11 Mot set ilmiled to, ra-, III adermey's tees. <br />M the pmmar N salt is Imvehid, TtaMa sbB iota a tsuuti, of detnAt in each county In which der Prepm) err soeae part tharref Is loco" <br />and dM sal empiss N an* *Ww In Noe aww point by ttppNc"k law to Bsrrwwer end to the otter ptnese pmeMN by MpikeMe <br />law- 01,11W the lapse N an& ditto an aq be If a d by appMtwble low, Trtaskt shall ghe public nine of ask to the paw" and to ow manner <br />plinafiad by tlppBla *law'. Trio w, wNbaml demmad w No itroer, shod sell tw Prop" ol pmhik ovellem to IM blgheat hidder of The oar <br />and plan and mmdir olio !went dualglald M for meNee N oak M ens err moors parnk end b rtmeb ender a TeasNat may detertmlme. Trwafee nay <br />pamperer sea Nall or any pared N Via Ptapwfy by pft wowtemoemt of ter timer soil pace of an) peviewsh K*mldW ask. I.emda or <br />UNw's *don am parebw NN P►geely at rimy seek. <br />Upw twedpt N pmyMM N'tit peiat bpi. TtarNe sYaB dancer h ter ptaehaser Tetafw's riot" cortvutysag ter lhoperty told. Tbt n+eeltak im <br />No Trmitit's did shell be plain belt "Winner of Of 1rWb of lbe soslenents eta le therein. Trmaks 40 apply ter prusewxk of the 111k In ow <br />L bdMtwfmg wart lal le all fame M melt mend upwts N die oak, gleimdNl, bill ma Ilntlud ter. Trod e'er term of not tonne than _. <br />N (M lieu air pals, blt @Morsalts few and calla of time tvldemce. Ill) to ad ammo we red by this 1A" of Treat, eM Ices the rhea, if <br />rimy. se ter pow or pwere anal) nodded di nu. <br />H. Besrwwer's VJW to MaftWak. Notwithstanding 1.cnder'r accelenatuut of tore sums secured by this heed art Rust, Ilia towel +hall hens <br />the right to have any proceedings begun by I trnkr to eotfonr This loved of 'I rust chsconrtniml at ant, tint poor to the rathet ter, o%ott nt (0 the <br />fifth day Wort the tale of the 11yopetty pursuant to the power tut wlr contained to the. Herd of l rain or In) noon of a ludpntew rnlor; inh thy, <br />Died of 'trust if la) Rexrost.er pnye Leader all sums which would Ix then dur under the heed at I nest, ihr hour and n.ae, ,erunnit I ill,m <br />