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L <br />85, 004446 <br />by this Deed of Trust immediately prior to the due 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 falls 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 Leader's option. either to restoration or repair of the Property or to the sums secured by this Deed of Trust. <br />Unless Lander and Barrowet otherwise agree in writing, any such application of proceeds to principal SW not extend or postpone the due <br />date of the monthly instalments referred to in paragraphs I and 2 hereof or change the amount of such installments. <br />W Borrower Not Relsasd. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust <br />panted by lender to any su cesmor in Moat of Borrower shall not operate to release, in any manner, the liability of the original Borrower and <br />Borrower's successors in interest. Lender sbaH no be required to commence proceedings against such successor or refuse to extend time for <br />Payment or otherwise modify amortisation of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower <br />and Borrower's ancoessoss is interest. <br />11. Forbown by Leda Net a WOIgr. Any forbanutce by Lender in exercising any right or remedy hereunder, or otherwise afforded <br />by applicable law, shall act 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 Bate or charges by Lender &hail not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this <br />Deed of Trust. <br />11 Rseetgmi CaeOIa0 . Al 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. Saeeewwa tend Aalps Dowd; JOIN ad Seim L(Ylgly; Caption. The covenants and agreements herein contained shall bind, and <br />the rights hwwttder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 <br />hat eof-AN covenants and apeQwents 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 />11• Newce. 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 Leader as provided herein, and (b) any notice to Lender shaft 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 voice to Borrower as provided herein. Any <br />notice provided for in this Dead of Truss shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />IS. VON DOW of Tnrl; Governing Law; SevanHMty. 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 shW be wveroW 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 feed of Trust or the Note which can be <br />given effort without the conflicting provision, and to this end the provisions of the Dad of Trust and the Note are declared to be severable. <br />K. Beaewer's Co". Borrower shall be furnished a conformed copy of the Note and of this Dad of Trust at the time of execution or <br />after recordation hereof. <br />17. Tnmfer of the hapessy; Awnmpdm. 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 feed 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 u <br />tenant or (d) the grant of any lewebold interest of three years or less rtes contain an Pon the death's a joint <br />containing 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 sensed 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 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 exerdses such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. <br />Such notice shW 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 13 hereof. <br />NON - UNIFORM COVENANTS. Borrower and Lender further &Vew6t _and agree as folio I <br />1g Aeeslsrnefea; Rsmeegw. Lwepl in prrviied la pragesN 11 sawsgs..ttMn. ars�wer a brood of say coven" or agreem e, at <br />Beaower In this Dmd of Timis, bridlq w seveawte N pay When else any saes aecuwd by this Deed of Trott, Leader prier to acrekrlerades <br />shag ail owes N an ngo" ae Is 8 1/ed In paragraph 14 hereof speelfyit . (1) the hoover; (2) the aetiou rewired to Cole each breach: (3) a <br />doss. net Ise ehn 39 d"$ been w Mee of OWN Is mailed M BefrON" by width each broach mast be eared; and (ell lb" faNwa h case sash <br />besoell M er rafoe w rats spaeNloi la w.. wee e.r nwwl f..CaMnafen er w r.e. wr.rea ry Wei teed .t Tn.t .d err or w Prapaty. <br />The mwee sot IN ON Ingerm Bwnwer af w right le mk*bw after acaianslen and On rigit a brkg a earn ord" to aawet w now <br />ealsesase atf . Mahe w asp iswr Menu 01 60 N aesetanYoa ad Cale. if w rn.th ie net awned a or before Ire doss n«ifki la w <br />aowee. Leaia N Leaia's a/won aeay ehxdant W N Ilse nee mewed by this Deed of That to be Immildi sob doe aai pyarlr with" ttwtrer <br />demad sod d" im'Ww w peww af seek ui aq edw rameilea permitted by atppNarts law. twnMr shall be enliYsr to legate ON resemble <br />cemis sat eapnam' - I lei . w rose" previied In Irk pragegr 18, lneidkg, bet not gmked to, reasonrk atsoruy's few. <br />N w pesrw of seek Is larehd, Tnalmi shall record a notice of Ma"t in each county to whkh w hepwty or some pan lberaor is lentil <br />ad dmN lwd eepiw eF lash mWm b w wane pree- 6 y appmcM* law to brroww ad to w other p"sm pnoctlW by appNabts <br />iota►. Afea No bW of welt am a may M Mid by appgnrk law, Tramet WW Nlve PEW nNice at nnk to w palm m ad Is of manwr <br />"werm" by applook bur. Tnrbe, wid"I demand esi no owes. dog seat She Flow!) N Pow awden N the bigbwl bidder at she thne <br />N" place end odw w Moms IMMp1aMd In w notice M seek In one or owe It I h ani in such order w Trustee may diriere w. Trustee way <br />postpone sale W si of asp parcel of w Ikopwq by ptsrlk ennoonceme" at Of dw MM place of any peevlolady sehsdow sets. Levier or <br />Leader's dollpw map pereiew w trapweV w an mile. <br />Vpeta so dpe of p 1 '01 w glee rat. Tnsemi stag davet ro w pwchwr Tru""'s desi Coovilylag the Property soli. The rrrpats in <br />w Trader's deed crag M pxllma Mode rrfi saw of w of ore staMSUewb male ehrnM. Trwwe sbaN eppy' the procsrN of the vale to the <br />0 No 1 wren tall N erg seasaaable tteeM slat eapeasw af w seek, ladwgag, b" sot NMIed a, Trewse's hot of note snore thw .. :? _, _ _ _ . k. <br />af err gyumi stale prima. reasoaarle Mloney's Mots eel eesb of titre evliente; tbl to erg wow srtaM by Ihie Dsei af Trove: tlai le/ sir ethers, Lr <br />-1. M w ptslson w passe kpk and" w9ere. <br />11. Baeroww'eRIgMN Rgim"*. Nowithotandiog Leatlen's acceleranon of the sum, secured by this teed of truer. Witr,+wcr shall have <br />the tight IQ have my Proceedings begun by (.ender io nftxce this 17eed of tru %I discontinued at any tone priof tl+ the earlier to thou[ of ttl the <br />fifth day before 1119 seek of th9 Properly pursuant no the power of ale contained in this Deed of Itusx of ("I entry of it iudxtucnt Mill rcInit flu% <br />f o r d of bust if fait borrower pays I4r4a ill sums whnh would b e t hen clue unitet this Ioced of I tact. +tie v;+te slid mate, V, utmo I nit'c <br />W <br />