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85-- 004728 <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 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 />14. Borrower Not 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 />Borrower's successors in interest. Lander 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. Foibrana by Lender Nei 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. Ames Cutmuhtive. 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. Ssaorsrs sad Assips Novel Joint and Several [Ability; 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 covertaras 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 to 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 Dad 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 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. Uniforms Dead of Trust; Governing Law; SeverablNty. This form of deed o f t rust 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 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 he <br />given effect without the conflicting provision, and to this end the provisions of the feed of Trust and the Note are declared to he severable. <br />16. " owe is Copy. Borrower shall be furnished a conformed copy of the Note and of this feed of Trust at the time of execution or <br />after recordation hereof. <br />17. TraWw of the Property; Aswwpd". 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 safe 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 Lender shall <br />request. If Lender has waived the option to accelerate provided in this pa ;agraph 17, and if Borrower's successor in interest has ewcuied 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 deceleration to 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 Ig hereof. <br />NON - UNIFORM COVENANTS, Borrower and Lender further co,,v-r t and agree as follows: <br />U. Aenkratlsa; Remedios. Fss'epl as provided is paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of <br />Borrower in lh. Deed of Trio, Minding the covenants to pay when due any sear secured by Ills Heed of Trust, leader prior to acceleration <br />WON mW sodee to Borrower r provMW In pnrogratell 14 be reef specifying: (II the breach; (2) the action required to cure such breach; (3) a <br />dose. ON lees Moe "days from tit door of sake Is mailed to Borrower, by which such breech must be cored; and (4) that fafhre to can such <br />. I ,L lie or better On door:ga -in I In the sN.e way r-rgt Ts acted" *in of the sstoo new" by this Deed of Tram slid sae of the Property. <br />The sutler shag trAhw hitsefs brown of Me riilhl to reinstate after acceleration, end the right to bring a coon sellout to awn the cal• <br />K kbm of a defaut on, say Nhr dNenw of Brower to secelerstios sod sub. If The branch a sot erred out or before the dale specified in the <br />calls-. Leader M Lender's opdos any I PI- se of the suer steered by Ih. Dad of Tram to be tmmediakly dutt and payable wNhonl further <br />demoM and way lot ohe Me power of sob and soy ether reass" permuted by applicable law. Leader shll be eadded To collect aN reasonable <br />cash sad eWomm kicw is ptset , der tented.- provided Is this paragraph 11, including, but not Nailed to, ressossbk attorsey's fees. <br />If Me pewee of sae b lavobol, Trmo* AW rocfm a sNla of defsul in each comely is which the Property or SUNK pen thereof .located <br />and sMB oral copies of sock insider is Me Nucor prescribed by applicable haw to Borrower end to the other permits proscribed by applicable <br />hw. Apr the hlpw of mh dm m any be retphd by sppMcable low, Tnmae d" give public solke of sae to the persons sod is the manner <br />per -eeM by sppYeabie row. Tritium, wigtottl demmd on, Borrower. MNN will The Property at public soctiou to The highest bN!)der at Ike time <br />and pines Md tmdr Me Name delipseed M On selfce of nk In use or more panels and in such order as Trustee may determaAw. Truitt may <br />poMpor ink of 40 of say psraf of the Property by public no iumrmat of the time sod place of may previewdy scheduled oak. I evider or <br />leadem's dnlgne cosy J 1 see 61 Propwly Of ray male, <br />11111ue recofpl of paymoo of the price Md. TrueseK shah deliver In the purchaser Trustee's dad conveying the Property sold. The recilaht is <br />Thr Truse e's dead ebd be poison fate eddenct of the truth of the stattmram usage tbereia. Truly shall apply the procrads at the oak is the <br />L followeg model: (a) is all rase - - I I cow sod taproot- of the sale, lociogtag, but not lisped to. Truster'« tees to Rol more less rb <br />of tlpe grow tae poiw, romoa hk aNmrsty't tees red room of Ntk ew(demr, (b) In oil smm s snared by this Teed of Trust; and 4c) the tort". it <br />any. to the w— a persons werAy oo Wd lbrs". <br />It. Borrower's Right N R411IW1e, Notwithstanding I ender', accrirranon trf the stints secured by Ihts mead of ITUSt, lt.ntnwcr .hall has <br />the: right to have any fxuctedingt begun by Lender to enforce I tit 9 Deed of I rust d1'rvt('nurd a! any nmr ^n,u t„ the eitrl:r! t I � .a, art r•I 111 It'- tit( <br />fifth day Mote the oak of the Property pursuuu to I he power .,t title cnntarrrtrl art Itits Ikrd or T nn! a i:n "uu s ,,t ,r solemn tit vn t,.! s trap .!u <br />laced of Isar ,f (a) lltNrower pays Lender all +11111 tit, 11 would M !urn due un;lrt ;her 1) �,t :,I r ;hr '­I, and n,+res -u !unp I ii'uic <br />A <br />