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85-- 004786 <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 ;be 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 />if. Smrewes Not Rdea d, Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust <br />granted by Leader 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 sucaswrs in interest. Lender 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. Forbemnaa by Leader Not 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, Remo" Ct made" a 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 maybe exercised concurrently, independently or successively. <br />13. Saeeommers and Anrip s /sand; Joint sad Several Liability; 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 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. Node*. 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 Trout shag 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 Trout shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />IS, Udform Dad of Trust; Governing Law; SeverabWty. 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 />Trout 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 />Trout 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 />16. Sortower'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 recordation hereof. <br />17. Trader of tine property; Aswmption. If all or any part of the Propertv 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 Iked 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 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 urns .secured by this LeW of "f rust shall be at such rate as Lender shall <br />request. If Lender has waived the option to accelerate provided in this paragraph 17, and it Borrower's successor in interest has csecuted a <br />written assumption agreement accepted in writing by Lender. Lender ,hall release Borrower from all obligations under this teed of Trust and <br />the Note. <br />If Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. <br />Such notice shall provide a period of not less than 30 days from the date the notice ds mailed within which Borrower may pay the sums declared <br />due. if Borrower faits to pay such sums prior to the expiration of such period, I,ender may, without further notice or demand on Bxruwet, <br />invoke any remedies permitted by paragraph 18 hereof. <br />NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />18. Acedersyon; Remdla, Falcepl in provided ill Paragraph 17 hereof, open Borrower's breech of say covenant or sgreemetrt of <br />Seem" is this Dad of Trans. IeddIng the covMmis 10 pay when doe say worn secured by This Deed of Trost, Leader prior to acceleration <br />shah any eolke to Ow war an provided In Paragraph 14 boo Of epecifying: (1) list breach; (2) the action required to cure such breach; (3) a <br />deer, aw Ise than 30 days from the dale of notice is wailed to Borrower, by wbkb such breach moo be erred; and (4) that failure In cure such <br />bnecb on or Were the disk specified he the soda MY rash in acceleradom of the sums sectored by ibis Dad of Trust and sak of Ike Properly. <br />The soya sbir fwdw inform Senora of the rlgM to fckm k steer acctkraUor end the right to bring a court nodes to Heart the non - <br />e:Yerslt of a ddanit or any ether ddm m of Settoww to wcekm[W@ sad see. if the breech is wt erred on or before The date specifkd in the <br />eeyce, Leader M Leader's option may declare err of the wm secured by this feed of Trust to be ImwA*mldy due and payable whlhoul further <br />dens" and may Invoit The poww of ask cad nay other remedies permitted by applicable law. leader shay be eatiled to col ecl all reasonable <br />cam nail expenses Incmvrd In pnrsol" The remedies provided is Mill paragraph 19, IscladMg, but not limited to, reasonable ellormy's fees. <br />If lee penes of sale is Invoked, Tow shy record a motive of default in each comely is which the Property or some part lhereof is located <br />mid 4W filing copies of nth naNtr he Tat massive prescribed by applkshk law to Borrower tad to the other persons prescribed by applicable <br />law. AfMr Tat Ipr+e of etch tint m may be rgaksd by applicable law, Trustee s1arN give public sotice of ask 10 the persons Red in the manner <br />pracslt i by sppbcabk Inn. TrOON. without demand pre Servower, •ban sen the Property at public auction to the highest bidder at the time <br />and Place and sondes Noe Mom dwlpeMd In The wake of nk In one Or more parcel sad M such order as 1'restre may determine, Trustee may <br />Postpone ask of on me prey pared of the Fropeny by pmbie annomacesstal a1 Ike time and place of Tiny prevkmWY scheduled sale• leader tar <br />i ader'le I gMt any par I1 the pt.pesty of Tiny smile. <br />Upon retel/1 of poyalm of dw Wk* bid, Trustee shell skiver to 'be purcha%er f rustre's deed coaveylng the Properly sold. 1'he reciaris in <br />tie Trmalm's dead shots be prig tam evidesn of the Into of the statements made lbereim. froslet % ►dl apply the proceeds of the ask in the y <br />L fwmwlng order: (a) act raseasibk cosh red expeusa of let sale, Including, but taut limited lo,'frualre'e (read nor more than <br />of /be grom mile prke, nwesiTihk stlorey's tom Tend costs of title rridence, tb1 to all sues %Wend by this Deed n( trust; and (r) the flier-, If <br />ray. la the eig, am or tar — kegsyy eadded tkrrelo. � <br />19. Sam"ver's Right to RelmdaM. Notwithstanding Lender'. 1e 6",1 adiuu of the nuns yevtued Ls tun Ikrd of IYn,t, )cud ro�rr ,Call ha,r S[? <br />11w rlghf to have env proceedings begun by Lendcr u, enforce filly I)crd ill I nays 'luwaunucd e1 anv tmmr lino+ 10 1114, <ar hc, 1n .....n of <br />filth,fay W,,re the sale of the Property pursuant In the power ul "ilk., ,w allied m rho. Ikea at I ru.1 0! ui9 rnr.. „d a mdgau"m Z nh,,, 1- 11+, <br />tkcd ,d I+usd if tot) B mower pave Lender all sterns whirl, would he rht•u dw: uncle+ Te , Ikrd , >1 1,„l, th% I­ , a+ d ,, ., .,, ,, nrp `.an+, <br />