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Il. <br />L_. <br />005003 <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 the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums sauced by this Deed of Trust. <br />Union 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 1 and 2 hereof or change the amount of such installments. <br />le. Borrower Nor Released. 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 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 />god Borrower's successors in interest. <br />11. Forbearance by Lender 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 />tam or other limo or charges by Linder 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. R,ormdw Cumulative. All remedies provided in this Dad 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 maybe exercised concurrently, independently or successively. <br />13. Ssasosram mod Aedgew Bound; Joliet and Several UmblYty; 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. Nola. 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 Dad of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />13. Uniforms Head of Travel; Governing law; Severabilty. This form of dad 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 Dad 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 Dad of Trust and the Note see declared to be severable. <br />16. soreown i 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. Trawler of the Property; Assomeptloo. if all or any pan 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 Dad of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if, <br />prior to the We 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 surd 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 Lender. 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 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 18 hereof. <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: _ - - <br />19. Acedermtloo; Ramada. Except as provided Is paragraph 17 hereof, upon Borrower'sibleeach of eq'tovwaat or agt Bent of <br />Bobo r is shim Deed of True, Including the covenants to pay wine dw any seer secured by this Bad of Tercet, Lender prior to mco"tion <br />40 msmB malice to Dosiawee as provided in paragraph 14 bereot spedtydng: (1) The breach; (2) the ncllss'Vell des awe web broach; (3) a <br />dew. met foe lbnn X Myer from the dale of Notice Is nailed to Borrower, by which such breach out be cared; and (4) that failure to cure such <br />breach as or before the Mk spmdned in the mother my result In mccdentiou of the suer secured by this Deed of Trent and tale of the Property. <br />The soda eYeN tsrther Interim Borrower of the right to rdustase after accekeatloo and the tight to bring a court action to &sect The non - <br />exk%mw of a ddmik or any other deft-- of Borrower to acceleration ale sale. If the breach is moo cared on or before the dale specified in the <br />mod-. Loodar at Lwd-'e optlw my dmdare all of the wen secured by this Dead of Treat to be lm=WMtely doe and payable without further <br />demand and my h voke the power of ale mad may other rent" permitted by applicable law. Witter shall be eodtled to called all reasonable <br />came and opine -e haesned le paced" the nmsm u provided la this persgreph 18, foc rd all. beef eN YIMIN to, reuooMe attormey's few. <br />If tYe power of ale k lavoked, Trumke shale record a notice of defamit In each county In which the Property or some part thereof it located <br />and mhmg no copies of Beech Nola In the mummer peace ce bed by applicable law to Borrower mad to the other penose proscribed by &Wksble <br />be*. Atler on toga of such duo a my be required by applicable law. Trustee eyed give public motice of sale to the parsons mad In the msaamer <br />fxrecrlhmd by mpl-, 11 hate. Trwho, without danwd as Borrower, shall sell the Property at public aactles to the blghwt bidder at the time <br />and phew and seder the herew dmmlpmled he then so" of sale Is ore or more parcels and he web osier n Trustee may de"rrue. Trustee may <br />paalpw oak of all or say po" of the Property by "M maaemeeronen) at the time and ph" of any previously ubnd -led "k. Leader or <br />Lm W s dw4p mo my pre A the Property of soy ale. <br />Upon rmomMt of payaml of the price bid, Trustee Ping drNver to the purchaser Trustee's deed comweylmg the Property sold. The recitals In <br />i <br />On Trumsw's deed d aN be prim, fork evidwee of the truth of the slaoeme sits made therein. Trent" shall apply the proceeds of The Pak In the <br />' <br />hBawieg order (a) to sN none" cases mad expenses of the sale. lodudiag, but not Madted to, Trustee's fees of not more thenâ–  __3_ -_ .efi <br />of the grw emit peke, reeeeoumbie aotaemey's fwe and costs of title evidence; (b) to mil suer secured by this Deed of Trust; mod (c) The excess. if <br />r, <br />eery, in use pers" or ftef1,ae lega l mtlthid theme. <br />It. Doe eowe e's Right to RNumtate. "Jatwithstandinit Lender's acceleration of the sums soured by the [ked of Trust. Borrower shall have <br />tit <br />the right to have any proceedings begun by Lendrr to enforce this feed of True diwommued ai any sere pnot to the earner !o oc.w o: (ii 'hr <br />fifth day before the We of the Property pursuant to the power of tale contauxd of Ihis feed .11 Tnir.i o, w i entry of a tudinmCnt ertonrmg thl. <br />Deed of trust if (e) aorruwer Iayt Lendef all Sum§ wlmh Horrid be then lluc onder'h :, Deed Ilf lri:.', the 'v ;i a!Id nine, ccufmii 1 .1!w <br />