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F <br />u�--m 004758 <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 Under 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 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 1 and 2 hereof or change the amount of such installments. <br />It so ono Not 111islwsd. Extension of the tine for payment or modification of amortization of the stuns secured by this Deed of Trust <br />grained by Lead" to any succsmor 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. Lends 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 />will Borrower's successors in interest. <br />11. Forbenennes b Lawler Nat a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded <br />by applicable law, %boll 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 />Dad of Trust. <br />[2. RmeWles Comdolve. All remedies provided in this Dad of Trust are distinct and cumulative to any other right or remedy under this <br />Dead of Trost or afforded by law or equity. Word may be exercised concurrently, independently or successively. <br />117- Suaeruts wed Amigos bowie leim and Several Liability; Capdom. 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 to be used to interpret or define the provisions hereof. <br />14. Necks. Except for any mice 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 Lender as provided herein, and (b) any notice to Lender shall be given by certified trail, 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 Trent shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />IS. Untlam Dad of 7V W; Gearsieg Law; fleverebiNTy. This form of deed of !rust combines uniform covenants for national use and <br />ran - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Dad of <br />Trust shall be governed by the law of the jursdiction 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 />If. lorrrwer'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 retardation hereof. <br />17. Transfer of the Property; Amerpliou. 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 Leed 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 sak or transfer, Lender and the person to whom the Property is to he sold or transferred reach agreement in writing that the credit of <br />such person is satisfactory to Leader and that the interest payable on the sums secured by this feed of Trust shall be at such rate as Lender shall <br />request. If Lender has waived the option to accelerate provided in this paragraph '.', and if Borrower's successor in interest has executed a <br />written assumption agreement accepted in writing by Lender. Lendei shall release Borrower from all obligations under this feed of Trust and <br />the Note. <br />If Lender exercises such option to accelerate. Lender shall mad Borrower notice of acceleration in accordance with paragraph la hereof. <br />Such notice shall provide a period of no 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 experation of such period, Lender may, without further notice or demand on Borrower, <br />invoke any remedies permitted by paragraph IN hereof. <br />NON- UNIFORM COVENANTS Borrower and Lender further cosenant and agree as follows: <br />1g: Actefundou; name". F,acapl a peovWW in peragratrb 17 bereef, *peon Borrow"'$ breach of Jay covemrl or agreement of <br />But eon is dia Dead of That, Meledleg the cavemen" to Pay whom arse any tans secured by this Deed of Tram. lend" prior to acceleration <br />thaN so eeYre a no vow R peevided N prego all b 14 bereof specifying: l l ) the breach; (2) the action squievd to cure Such breach; (3) a <br />dmg. Wee halt deer 30 days from the daft of notice is mulled to Borrower, by which Such breach rot be cured; rid (4) that faWre to tore Such <br />ineesh w w before de dodo Speellied M the gmotitre omfy ►wsdf ie aeceiwadon of Nr stns% wmid by tbk Deed of Trust and tek of the Property. <br />"W so" abet furtbes ieferm Borrower of the right to Waste" after acceleration and the r1ghot to bring a cowl action to oaaert the no n- <br />eaialeeee W a defeelt or any eda dllease of No 0 a to acceleration end sale. If the breach is act cooed off or before the hate tpedflW in The <br />net - , lareder at L Seder's epdes aw ded-n err of the suer "cured by this heed of'I'not to be immediately doe Well Payable w(thoet furtbef <br />demand w may leveht de power M agile NOW try other eemediea permitted by applicable law. lewder Shah be entitled to collected reasonable <br />comb and expenses homed in ptTrseiq the remedlts provided N this W"gspb 11. hsclodirtg, but tea( limited to, resaoeabk attorney's fees. <br />It no pause of ask is ierebd. True" Shah record a mold" of default In each county is which hbt Property or some pal thereof is located <br />and 40 Rep cupola, of touch god" is the mnnner p nc Hied by applicable low to Borrower Wed to the other persona pnocribed by oppilcable <br />hew. Ahm the input ad nth ilex w may be roq@W by apION r 11 law. Trustee shall sire psMk notice of teak to the pertwns Wd In The manner <br />Paves- N by apple" War. Treutse, wffilb dslm d ae Borrower, shah sell the Property of PabMc auction to the bigbnt bidder of the lime <br />and ph" msd under do mro w designated In the tlohke of Sale In our or "sore paeek and in sock order as Trustee may determine. 'frurler ropy <br />pwstpM taut W a8 w eery poest ef de Prgaty by pstbMc aNesmcemest at 'be lime ad Ph" of any predomuly schrdskd Safe. [.ender or <br />losmdsr't d,rigeSe meta psrdese the Property as my Seek. <br />Upon rSalp, of palumo M this prim hid, Trustee Shell deliver to the purcbaer Tru one's deed conyeyhg the Property sold. The recitals in <br />de Trumes'S deed deli be PliRS fsek evidsm" of the truth of the staterutals made therein. 7 nowor aW apply The proceeds of life snk IN the <br />fe"whg wdw (el N d reaoeehle toot and eapemme of the wk. lwcludisg. but awl limited to. Trustar'S fees of soT more Chas ._.... �. °:fl <br />W de poor sele prior, rsueoewbie "fancy's foot and costs of Next evlde nor, (Off to an sums tecuM by this heed of Trust; and try the esce". if <br />art, to hit Pursue w pennons legally eetilkd thereto. <br />19. No oatr't VA@M N 1MieeMM. NCR wiih.standing 1, Ctldcr'1 acct le raann of :Ire sums recured by Ihn I )cod of I To�1, Bar r, 1w el shall ha.r <br />+tae r%hi io have any (woceedrngs begun by Lender !n enforce Ihn IRcd,,I f ni%t dm onti noted at any none hoar err Ihn cnnctr to,a cur „1 ill the <br />"',fih day before the title (of the ProlMtq' puttuaret to the pVwrr of sale .snuatned :n Jinn Deaf �)! 1Tus( ,'t Ili) enns at a +udgmeol rnfw, ❑tit ''it` <br />fk, .J,0 17asi it fat Bcxrower (t#ys Lender ail sums which wound for Ihrn &tc i,nder lint, heed of Tru.I. ;)tr Nol, :utd -t- -.o, W -119 I un- <br />i�t� <br />