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85--p 004842 <br />by this Dead 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 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 installmestts referred to in paragraphs I and 2 hereof or change the amount of such installments. <br />10. Dom~ Not Rebound. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust <br />granted by Latch to any successm in interest of Borrower shall not operate to release, in any manner, the liability of the original. Borrower and <br />Borrower's sucomem in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for <br />payment or otherwin modify amortization of the sums secured by this Dad of Trust by reason of any demand made by the original Borrower <br />and Borrower's successors in interest. <br />11. Ewbmmna by Lswdor Not a Wolver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded <br />by applicable law, shall nor be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of <br />tame 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 />13. &me" Co abdvt. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this <br />Dad of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively. <br />13. 5weemann and Aaalpa Beswd; Jahn used Several LJaWky; 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 coraunts cad agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust <br />are for cmlave nierim only and am not to be used to interpret or define the provisions hereof. <br />14. No". 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 aW 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 daipsate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt <br />requatad, to Leader'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 />115. Ua *1 Dead of Tenn; Gov,wrisg Low; SevtarabOky. This form of deed of trust combines uniform covenants for national use and <br />trop - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of <br />Trust dull 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 Dad of Trust or the Note which can he <br />given dfW without the conflicting provision, and to this end the provisions of the Dad of Trust and the Note are declared to be severable. <br />14. Bermwee's Copy. Borrower shall he 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. Transfer of tie Prepeety. Aarmptlos. 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 Dad of Trust, (b) the creation of <br />■ 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 />tersant or (d) the grant of any Iaasehoid 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 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 to this paragraph 11, and if Borrower's successor in interest has executed a <br />written assumption agreement accepted In writing by Lender. Lender shall release Borrower from a]I obligations under this Deed of Trust and <br />the Note. <br />If Lender exerciser 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 is miulvl within which Borrower may pay the sums declared <br />due. If Borrower fails to pay such sums prior to the expiration of such period. bender may, without further notice or demand on Borrower, <br />invoke any remedies permitted by paragraph IS hereof. <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree isi follows <br />11. Aeoel eradmo; Roo". Except as provided In p ragragk 17 hereof. apes Borrower's Immi: of any covenant or agreement of <br />Bwnwer, is this Deed of Tart, I 1 11eg the nova ig to pay wins Ire soy teeter secured by tits Deed of Tree, Lender prior to acceleradon <br />oball sn0 n 0- to But now sa provided is pxfgrgY 14 bomof spedfyhg: f 1) the Itmeb; (1) ON reties nefla" W to clan seek breach; 13) a <br />dsso, not ter dwo 36 days Cross the dew of stake Is me" to Borrower, by whirls seek breech tawm be eetsd; sod (4) flat fatten to care such <br />I an or before ON dew spelflsd to the oodca say result he sccelem"s of obe etas seelared by sib Dead of Treat end oak of the Property. <br />The so" dell toffee leferm am most of the dgkt to nhmase ohn sctekmd" sed tie right to bsiy a tosrt action to assert the man. <br />mYOrwer <br />of e bb& or slay sour Mfturs of Borrower h walwssios and ask. If eke baser Is not cured on or before ON dote spedflad In the <br />motion. Lewder IN Lomber s eptiaw matt ekcisre all at the ama swat by this Deed of Tram to be fameNsbly due said payable without further <br />diomd and rosy hvelse ibex power of ask and My odor reme" psrmNW by ap/doabk few. Leader shall be elatlWd to cofto IM reswssMe <br />roar ad mom loco top - I the mediae provMed h this prsps/h 18. Including, bet am Matbd to, rasoonbk attermy's fees. <br />Hills prow of ask k hvoltM, Timm sisM reeenl s notice ed ikfstdt is neck toasty lo vvMtb the Property or soma part tremor k located <br />and shell oW moo of and teepee Is the ms pnaertbsd by fill', 11 low to Borrower and to the otbor prose Wool by applicable <br />law. Alike ere lepe ref and Yoe a my be A -gvksI by apfi 11 , kw, Tltsatee skrM MK pebMt satilY Of ask to the parer--- lad h the laamner <br />prrawIt i by appal sbk law. Trains. wWmW Mad on Burrower. shall sell the Property at politic WO" to the iigbot bidder at (be time <br />and plea send lades Ibex truer duipmW is do seller of Ink in one or acre p- c said Is mt:b order as Trustee may doWo1mo. Treanor any <br />peatpnws ask of all or new pnsl of the Property by politic sammmsnasew n the Ones cud place of easy previously scbedNed sale. Leader or <br />L. nsWe de dpee ape It -1 Nei Prnpwtt a any suit. <br />Upse ruralµ of paywew of the peeks Mel. Tramito shell deliver to the purchaser Trswtee's deed conveying obe Property sold. T'be ncNak in <br />L ON Tnsele'a deed Weell be /rhos took it Wmco of the truck of The *Nkomo stands ditiol . Trrmee AM apply else proceeds of the ask In the MA <br />/otiwwlq ender (s) well nsaom"b eems and opaer of Yee ok. fod"sg, boo sot MmNW to, Trrmee's fees of sot weft tram _ N <br />at IM :ewes wk pelee, rweo*W soomew is fees end comb of title evNeace; eb) to all arose wooed by ibis Deed of Trial; and Co the excess, It <br />my, to the /wean sir porous Nlmlly ovidded down. r <br />W Do mmist'a Rallis to Rda*M, Notwithstanding Lender's acceleration of the sumt secured by this Ueed of Trust, Borrower shall hat r f1r <br />the right to have any proceedings begun by tender to enforce this (lead of Trust discontinued at anv 'ime priVr !o the earlier to o:iat ,.I to Ott <br />rfflh day 'Wove the sak of the Prf4wrty pursuant to the px;wtr of use contained in this Deed of I rusk of fo) enm at a judgment enrai, tits 0- <br />,)Na of TTrust �r iii) Worowtr ;says I. endet all fume whtdi w,xuid re then hic ..ndct this Dee.i of 1 •uv . the iloic and ni.!0 sr urmK I u;rr <br />