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F <br />L <br />8s_ 004798 <br />by this feed 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 instillment: referred to in paragraphs I and 2 hereof or change the amount of such installments. <br />Ili- gkarOWN Not iaMw /• Extension of the tithe 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. 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. Forboasasee by LanoW Not s Welver, 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. R*rmd1Y Cumolative, 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 may be exercised concurrently, independently or successively. <br />13. Snucemw$ ad A1elpa Bond; Joht sd Sevta'sl Liability; Captloss. 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 ndt to be used to interpret or define the provisions hereof. <br />14. Nodos- 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 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 feed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />IS. Uniform Dodd of Tram; Govendsg Law,; SeverabiNty. 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 Dad 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 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 />111, Borrower'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. Trmf*r of the property; Angmisliou. 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 sale or transfer, Lender and the person to whom the Property is to be cold of 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 paragraph 17, and if Borrower's successor in interest has executed a <br />written assumption agreement accepted in writing by Leader. 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 acceleration tit 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 18 hereof. <br />NON - UNIFORM C2VENANTS. Borrower and Lender further covenant and agree as follows: <br />18, Acceleration; R-- e/{er. Except Y provided Is Paragraph 17 hereof. a <br />Borrower N thin Dead of Treat. pas Borrower's breach of say coveaaml or agreement of <br />bcbtdisg Ibt covenants to pay win doe any suss secured by ebb Deed of Trash. Lender prior to me ,on <br />she' asaY retlee to Borrower Y Provided h paragraph 11 hereof specifying: (1) Ibe breech; (2) the action regalred to care such breach; (3) ■ <br />iNe, sa loss thous 30 days freer the dote of solice is sailed to Borrower, by which such breach roast be cured; ad U) that failure to care each <br />bnsch sea or before the dole godffnd id the notle* soy null la acceleration of the scum neared by Ibis Deed of Trust and ook of The Properly. <br />TM aatlee abaB fendson intorat Borroanr of the right Is reinstate after acceleradoe sad the right Is bring a court action to ap*rt the mon- <br />exbi*m of • 6(uh or soy saw t-fooe of Borrower to acceleration and sak. If the breach Is sot cured on or before the date specified in the <br />Notice, Lsder 1111 tmWer's opdon soy oleo oN of be sass secured by this Deed of Trust to be lsaedlately due and payable without further <br />olesosn I std easy Invoke Ike power of ad* and any other reaudder permitted by appBcobhe law. leader dug be eadfied to coNect all reasonable <br />costs and explosion iscasrd is pttlnlnll" tot noodles ProvIded in this paragraph 18, Includisg, but sot Iindkd to, reasonable attorsey's fees. <br />1f the paver of ask b IsyshW' Tn WW shoo record a notice of default In each county 111 which the Property or some Pon thereof Is located <br />ad sIr11N sstrN :open of peek node* IN the s laser prescribed by applicable law to Borrower sd to Ike other Persons prescribed by applicable <br />hw, After lot 111pu N web tine Y My M trlgoh by Nptkable law, Truster sing give pubic aoNice of esk to the pereors sail is the aaanrr <br />Prescribed by appYesbk hew. Trashes, witinal demand on Borrower, shill sell The Properly at Qdc auction to Ibe hlghee bidder to the time <br />ad p+11n hat coder IM hersr doolgyhed N the soNlce M cite Is one of more parcels sad IN such order as Trustee may delernalme. Trustee may <br />PYlpone ask of all! or My psreef of The Property by public sxwm ctmtN1 at the lisle ad place of any previously scheduled sale. Lender or <br />Leader'* dodges asst' PN ebas* iM Property mi soy smk. <br />Upon re olle of payaheN of Ike price hid. Truster shot deMver to the Purchase- 7Yastee's deed conveying The rropeny. cold. 'she reciuk In <br />the Trurtae's dud 60 be prison tick ev— .. of Ike truth of the slateraeals Inside therein. Trustee shill apply the Proceeds of Ike oak In the <br />feNswlag order: (a) to t1N reasonbbk loom and expenses of be "k, including, but out limited lo, Truslees fe*s of not more then i Q'd <br />of the Pus uk Pricer r*mwm bk sttora*y's ten god costs of talk evidence; (b) to all *mast secured by his Deed of Trash; sail le) the cares , it <br />any. to the Perna or persons IWPNY sea" Iberela. <br />19, Borrower's Right la Rehelolahe, Notwithstanding Le nder', accelvi atltl n,)r tile sultls secured by tills I iecd (it frll,l,lira It_ ershallbasc <br />:etc right to have any proceedings begun by lender to enforce :his Iked t)l I rim discontinued at any time pnur In the ear her t.� . 4 , of n; t,) Ill, <br />fifth day before the sale of the Property pursuant to the power of sale cnntamed in This Deed of Tricot ear (ii) cntrs tit a ln,lklnelll ;.111,1,,nµ t,.,, <br />Reed of'Itusl if: (a) Borrower pays Lender all sums which would tit lien duc render tills Iked of Crust, the '4otc :111,1 n,nw, nunµ I ;Ion <br />F CID <br />01 <br />It- <br />_.,.,J <br />