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85=- 004880 <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 fs 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 Installments referred to in paragraphs 1 and 2 hereof or change the amount of such Installments. <br />10. Bar tower Not Adowd. Extension of the time 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 manna, the liability of the original Borrower and <br />Borrower's successon 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 Trutt by reason of any demand made by the original Borrower <br />and Borrower's successors in interest. <br />11. Fabwrwoe by Louder Nets Walver. 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. Bases" Cuniadve. 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. SacaNS, ANd Melee Bound; Joint sad Sev"d LlebWty; 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 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. Nods. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in <br />this Dead 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 Dad of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />15. Usffom Dead of Treat; Governing Law; Sevenb0hy. This form of deed of trust combines uniform covenants for national use and <br />nonuniform 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. Its 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 an be <br />given efface 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. Dart one 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 the Property; Aautapdoe. If all or any put of the Property or an interest therein is sold or transferred by Borrower <br />without Leader'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 Ieasehold 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 Prop rty 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 secui cd 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 Lender, Lender shall release Borrower from all obligations under this Deed of Trust and <br />the Note. <br />If Leader 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 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 19 hereof. <br />NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />10. Acodwad"; Ren edlea. Except as provided In paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of <br />Borrower Its ehle Doed of Treat, lodedag the coveaab to pay whom doe any fume secured by (bit Dead of Treat, Loader prior to acceleration <br />ehnil =0 Netict to Beayoww as provided IN PBFMP i 14 hereof specifying: (1) the breach; (2) the action required to care such breach; (3) ■ <br />daft, not ka them 30 days free the data of notice Is walled to Borrower, by which mob breach must be cored; aN (4) that fallen to cure such <br />beach AN or before the dare specified In the Notice way, result In accNuadon of the sums secured by thin Deed of Trust and oak of the Property. <br />The O"ft shell further hd*M Borrower of the right to relOak after acceleration sad the tight to being a coon Action to mutt the non• <br />admr of a dtdatak or any other defense of 11off"or to Acceleration and ask. If the branch is Not cured on or before the date specified In the <br />Nepee, IwNdsr st Lender's option may declare all of (be sus secured by tlda Deed of Trial to be Iwwediomiy dot and payable without further <br />demaad mid may invoke the pow" of ask NM ANY other reme" peradtted by Applicable law. Lender shall be entitled to collect an reasonable <br />cow and uapd Incurred IN period" the reaNShca$ provided Is this paragraph 10, including, but col Hooked to, reasonable attorney's fees. <br />It the pow" of ark Is invoked, If— shall new a under of default to each county In which the Property or some part thereof Is located <br />!tad shell"COO" of such Notice IN The Made" proscribed by applicable low to Borrow" Acid to The oche person prescribed by applicable <br />low. After the MM of web that as coy be rmtpdeed by Applicable low, Trustee shall give pabRe Notice of ruse to the person$ sad Is the manner <br />pceec II i by applic" low. Trustees, without demand as Borrower, $Mk will the Property at public auction to the highest bidder at the time <br />and pba and ender the term detdgm ad N the Notke of sale IN am or more parcels and IN such order a Trustee way deT "mine. Trustee may <br />P80000 lbk M AN Of any Ml'col of Ike Property by public amoosecemeet at the time sad piece of any previously scheduled sale. Lender or <br />Lender's dmlpu may patnI the Property w any ask. <br />Upon noWpl of payment of tb price bed, Tresrea shall deliver to Ike purchase Trusleo's third conveying the Properly $oW. The recitals in <br />the Tnske's dead add be prim fade evidence of the truth of the alalemeuto melds droreln. Trustee shelf apply tie proceeds of the sale In the <br />N <br />LfaBowly erdot (a) is AN tusraNabk cow said sap eow of the de, Iscledlq, but not Belted to, Trustee's trust of out more than <br />of lb groan seek peke, rmww&k aderNq's hoe and coots of dtk evidence; (b) to all seras secured by this Deed of Trost; and (c) the excess, i► <br />only, to rim person or prose kpY:y beetled thereto. <br />I!. No entu's daigbn to Rdansets. Notwithstanding )_ender'% acceleration ail the sums secured by this Deed of Trust, Burrower shall have <br />rt` <br />) <br />the nght to have any proceedings begun by lender to enImve this teed of Trust discontinued al arty time prior to the earlier to ; -cur of )i) ter <br />fifth day before the she of the Pt r witty pursuant to the power of sale contained in this teed of Tru%) or lu) ew,N 4 a )udament cnforae{i ! :u. <br />Deed of Trust If ca) Borrnwet pays Lendtf all turns which would he theii due under thi% Deed of 1 nest, ;tic � !r and i!"tc..rnu uiA I <br />._J <br />