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F <br />L <br />UU47V5 <br />by this Deed of Trust immediately prior to the date of taking tears 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 />It. So -wen Net Rolmnd. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust <br />granted by Lander 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. 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. Fwbwaaee by Lewder Not a Wainer. 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 />Dad of Trust. <br />12. Aeo dice Coundalive. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this <br />Dad of Taut or afforded by law or equity, and may be exercised concurrently, independently or successively. <br />13• Sne eral essun and Assigns BomW; Joint and Sty" LiaWNty; Capllons.'r'he covenants and agreements herein contained shall bind, and <br />the rights hereunder shall inure io, the respective successors and assigns of Lender and Borrower. subject to the provisions of paragraph 11 <br />hereof. All covenants and agreements of Borrower shall be joint and several. "fhe 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. Nodce. 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 toy 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 />IS. UWetlm Drat of Trans; Govered" Law; Sells. b ty. This form of decd of trust combines unitorm covenants for national use and <br />rhon- uruform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Decd of <br />Trust shall be governed by the law of the jurisdiction in which the Property is fixated. In the event that any provision or clause of this Deed of <br />Trust ar the Note conflicts with applicable law, such conflict shall not affect tither provisions of this Coed 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 he severable. <br />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of 'fruit at the nine of execution or <br />after recordation hereof. <br />17. Traader of tie Property; Assumption. If all or any parr of the Property or an interest therein is told or transferred by Borrower <br />without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed at Trust, !hj the creation of <br />a purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of law upon !fie death of a joint <br />tenant of (d) the grant of any leasehold interest of three years or less riot containing au option to purchase. Lender may, at I- ender's option, <br />declare all the sums secured by this Feed of Trust to he immediately due erne! payable. render shall have watsed such option to accelerate if, <br />ptor to the salcor transfer, Lender and the person to whom the Propenv a to he sold or transferred reach agreement act writing that the credit of <br />such person is satisfactory to Lender and that the interest payable on file ;inns secured by this feed of -1 rust shall be at such rare as Lender shall <br />request- If Lender has waived the option to accelerate provided to this paragraph and if Borrower's successor in interest has e reined a <br />written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under his Deed of "Trust and <br />the Note_ <br />If Lender exercises such option to accelerate, Lender shall mart Ffortower rtwce act acceletaton in accordance with paragraph 14 hereof. <br />Such notice shall provide a period of not less (hall 30 days from the date the notice h, mailed within which Borrower may pay the sums declared <br />due. It BOtrower falls to pay such sums prior W the expiration tit `.u,h period. D -ender may, without further notice or demand (in Borrower, <br />invokeany remedies permitted by paragraph 1$ hereof. <br />NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />IS. Aeceklood"; ptodlos. Except an provided in paragraph 17 hereof, upon Borrower'x breach of may covenant or agreement of <br />Borrower in OUR Dead of TmM. hichalling the covetmnlm to pay *ben due any sums secured by (bill Decd of 'Trot, lender prior to acceleration <br />sink mN "Ike m Itwrower Y provided is Mr'oNrapk 14 hereof speci(ying: 11) the breach; (2) the acllon required to cure such breach; (3) ■ <br />shsk, nor hiss than 30 days from the "of notice is mailed to Borrower, by which such breach meat be cured; and (4) that failure to cure such <br />blow w or before tke dNe speeMMd b fhe notice my resist in acceleration of the sums srcared by this Deed of Trull and sde of the Property. <br />Tie *ad" Am twliw har"M Berrowel of file right to reinstate oiler acceleration sad the right to bring a court action to assert the non• <br />eskkare of a I IF I w =I ogar deleass of Borrower to acceleration and sak. If the breach is not cured on or before the date specified in the <br />pollee, Lmakr at Leader's optYsm my declare aN of The sum secured by this Deed o(Trusl to be immediately due and payable wflboul further <br />demand and my lavn" the pewee d Ink and say ofbe► remedies permllled by appkcable law. Leader shall be entitled to collect ail reasonable <br />minus era/ npeswa kwwrod le pwouing lire rimadies provided in this paragraph 13. Including, but not limited to, reasonable attorney's fees. <br />ff Ike Mover of mk k kvebad, Troon NmN record a notice of default In each county in wkkb the Property or some part thereof Is located <br />atfd shall MON tepies of web ootice Is fhe waa w preurlbed by applicable law to Borrower and to The other persons prescribed by applicable <br />law, AHa cis Vapors of Will dmr a my be rgnhed by applicable ;a*, Trustee shah Rive pabBc notice of seek to the persons and In the manner <br />pone riYed by appbcsW law. T asses, withal demand on Borrower, shall sell the Property a poilk auction in the highest bidder at the lime <br />sad PMee wd mdw that -!Dann daelpa W IN the notice of seek In oar or more parcels and in such order as Trustee may determine. T rCater may <br />parrpame 911e of aN or ay parcel of Ike Property by pubNe amooeooemenl at the time and <br />feo/er's Plate of any Isrrviowsly srhedukd seek. lender or <br />dtlslgass Italy 1mfCbam oils Pnpttrty N My seek. <br />UPON$ receipt of fmllMat of lbe price bid. Trooke"daUver to Ike purchaser trustee's deed conveying the Properly solid. The rr itak in <br />act mon.I deal *aN be prima rack evldeaa of the truth or 'be s(atetncaty made lbrreim. 'Trustee shall apply the proceeds of the sale in the <br />foft*Mm order; tm110 aN raeaoo@W cops and extumam of Ike tick, Including, hot not h salted to, I ruslMe's fees of not more than ', <br />of the Par sole Nits, reea o"k atterasy9 fear and rases of title I"'Winxt uhf Ito all sums secured by this Deed of Trust; and (c I the rxclell if <br />asp, to tbs Mow or Manama IeVol emssrd thereta. <br />It. BWrrower'eMW mReia mw. sotwilhuandirtg I rncler'n ,:;_s en: r at n'I, uI the sums w,ure,d ins it +n Ik*rd -lt 1 n :.t, lf,nmss rt ,hail h.nr <br />.f,e ttsht I'i f,orr any prix'etxhnas begun try I.rttJer Io ertlot;c !hl, (>• d -I I, t„t it ;w, roux ,at,n — :6< <br />'.!'h tier t<f"IC t.hr aa)r of the Properly pursuant ru the s41e - �., n.. .s•{ ,n th:, I.k•ed n' 1 nt.l „! i -u 1,1: , _aJ,,•, ., i,?H . <br />fYret.: "l frnaf �t tat N'tirower pays I.el,tfe, all surer, wtr,ch w. d-1 Iv <br />�v <br />fs. <br />_1 <br />