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65- 005702 <br />by this Deed of Trust immediately prior to the date of taking hears to the lair market value of the Property immediately prior to the date of <br />taking, with rile 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 installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. <br />1h. gbav w Not llldoead, 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 />111. Fariblowee by larder Not a Waiver. Any forbearance by Lender in cxer using 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 nght it remedy. The procurement of insurance or the payment of <br />taxes or other liars or charges by Lender shall not be a waiver of Lender's right ro accelerate the maturity of the indebtedness secured by this <br />Deed of Trust. <br />12. Batsedks Casdadve. All remedies provided in this Deed of 'Trust are distinct and cumulative to any other tight or remedy under this <br />Deed of Thm or afforded by law or equity, and may be exercised concurrently, mciependentiy or successively. <br />13. R—r a to anti Asipa Gonad; Joist and Several L.1sbllity; Captious. 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 he soini and several. The ,anions and headings of the paragraphs of this Deed of Trust <br />are for convesumce only and are not to rie used to interpret or define the provisions hereof <br />11, NdNks. Except for any nonce required under applicable law to beg iver, in another manner, to I any notice to Borrower provided for to <br />this Deed of Trust shall be given by mailing such notice by certified mail addressed to Horrower 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 !nay 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 />13. UnBeras Dead of Trust; Governing Law; Sevtrsblhh. This form of deed of trust combines uniform covenants for national use and <br />coin - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of <br />Trust stall 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 feed of Trust or the Note which can be <br />given effect without the conflicting provision, and io this end the provisions of the Dad of Trust and the Note are declared to be severable. <br />K. am seat's Cep). Borrower shall he furnished a conformed copy of the Note and of this Deed of Trust at the time df execution or <br />after recordation hereof. <br />17. Transfer of the Property; Assumption. if all or any part of the F'roperty or an interest therein is sold or transferred by Borrower <br />without Lender's prior written consent. excluding. (al the creation of a hen or encumbrance subordinate to this Deed of Trust, Ili! the creation o: <br />a purchase money security interes! tot household appliances. (c) a transfer by devise, descent or by operation of law upon the death of a 1,11111 <br />tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase. :.ender -nay, at Lender's option. <br />declare all the sums secured by this Deed of 'Crust to he immediately due and payable. Lender shall have waived such option to accelerate if, <br />prior to the %air or transfer, Leader and the person :o whom the Property is to be sold or transferred reach agreement in writing that the credo of <br />such person is satisfactory to Lender and mai the interest payable on thr sums scoured try this Iced of Trust shah be at such rate as Lender shall <br />aluest. If Lender has waived the option !o accelerate ;xo,Ided in this paragraph i" :tad it Horrower', successor in interest has executed a <br />written assumption agreement accepted in wri[mg by I.endet, Lender shall release Horrower from all obligations under this Deed of Trust and <br />the Note. <br />if Lender exercises such option to acceieraic. I c."der staall mail Borrower nonce o'. acceierauon in accordancc with paragraph 14 bereol. <br />Such notice shall provide a pertod of not less luau 10 days from the date the notice i, malted within which Borrower may pay the sums declared <br />due. if Borrower fails to pay such sums prior to the expoartou of such limed. Lender may, wtthou! rurittcr notice or demand on Borrower, <br />Invoke any remedies permitted by paragraph 1 G hercot . <br />NONUNIFORM COVENANTS. Horrowei and i ender further covenant ants agree as Inflows: <br />1111, Aealesutiss; Ri saadiai, Except as provided in paragraph 17 hereof, upon Borrower's trench of any covensat or aprerrment of <br />Bsereaer is Nth Iliad of TnN, taeinN the covensnts to pay when der say sates aerated by Ibis heed of Trost, Lender prior to aceeterfition <br />.d" wAR ashen M So Onto so provided in paragraph 14 bereof specifying: 11) the breach; i2) the action required to cute such bfearh: (3) a <br />data, so has dM 311 days hens the Ilse of notice is traBed to Borrower, by which such branch must be cured; and 14) that (after to cure each <br />brans► an or before the dNc spcffled IN the notiax say feedt Is acceleration of the soma secured by thin Dated of Treal and sale of the Pnrperit . <br />The sofa shall tattler afarse Borrower of the tight to ra inane r aft acceleration said the right n) bring ■ court ucttoo to asrcn the non. <br />esiaMase Of a deed* or try OdW defence of Borrower to acceleration said ask. If the breach is sot eared on or before the ante specified in the <br />soda, Lawler al Leader's Option rosy declare, all of the twee sacurell by debt lived of Treat to be immeNslefy due and payable without further <br />demand said soy Warship the power of ask cud say other maladies peernined by applicable bus. Leader shell be entitled tar collect ON ressoaaMe <br />eerss Ind espen iww l in purealag the reae t" provided to this paragraph 111, iseledleg, but not Dandled tit, nssousble Nlornly's lees. <br />It the peiwa of use is tweaked. TraaKe "I frcoe a souse of default In each rottnly in which the Property or some pan thereof Is located <br />and 40 tta" copies of each solder to the fatim r prescribed by applicable Isw to Borrower NW In the other persons prescribed by apphcabie <br />New, Ater ttie low of wh War s tidy be reffisintl by applicable bus. T rustier "give public notice of oak to the persons and in the manner <br />pe m*W by ItppBlahlt Ise. Them, arAllen detwaad as Beni". shah sail the Property at public snctios to list highaet hkkfa al the it", <br />and lifter and elalar Yle teraaa dsaipaell n the worNe of oak is ear or ewe er parrots and In sect ever as Truatse may akeererMe. Treaae real <br />paapaac Bade N sh Or cep palve of the Property by public annouwnewteet at the that sod place tit any previously KiKdukd ask. Lender sir <br />Lender's dsafflaw a" pal chess the Property N oar ask, <br />tycatasept of pay as of the feriae bid, Trustee shall detivet to the terchaser 7ramee', deed eravtyMp the Propent %old, The recitals in <br />or les"W's decd shag be prlan fork evidellrr 0 the truth of the Mslesernas nwir lberssiiwm. '1 tester sbdi apply the proxwds tit lbw vale in the <br />foWwrioa seder: tar to an raarusoble costa sad rapesa" of the oak, including, had sot alntated 9n, 1 roue'. Ite+ tit not noon town <br />of Are g►asa set prili t, resiaeashir altortwy's rtes aide colts of title evidrart,, thi I,, all sums araared by this herd of 1 ruse and Ica the excess. It <br />son, to Ale eomm or psi an legally sotided thereto . <br />I's Baifrwwer'x Big1N Ice iteiaatane. �`1 ul'w it hint err 3 non i ea 1[ rt. -r. „r .:,> ih n.. t iA. e,.f I e. i7 n i .hit tit, <br />h, vt Y' :a, nave afar, pr,K"di lf, tee,uvi t , i andei nfr.rce i r �,l n. n on a. ,u., !�T , „� r w .a�lir u. <br />t oftr: tHes hefrrr iire We „ f rite P!„ r.r.r,I (Wrt„af' 1d) ;'se I' '.4 J! , .n rR a i M_•r',, , ,..,if, 9 re n' r,r1 1 <br />i •+rte.] r, !4, t'ya.,,wcr pa,r ., I rn,lc. ,, ' „ w .., w, i 1 „ i4 _i• ; F.., u. .. ,..,. . ,.n. h .. .. <br />_.J <br />