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by this Dad 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 installments referral to in paragraphs I and 2 hemf or change the amount of such installments. <br />A borrowur Not Rebound. Extension of the time for payment or modification of amortization of the stuns secured by this Deed of Trust <br />grinned by Ltmder 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 suooesism in interest. rest. Lender shall too be requited to commence proceedings against such successor or refuse to extend time for <br />payment or otherwise modify amortization of the sutras secured by this Deed of Trust by reason of any demand made by the original Borrower <br />and Borrower's sascccessos in interest. <br />11. Fsrbowsnce by Looder 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 />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 />Dad of Trust. <br />12. Meow" Cw1nlWive. 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 bylaw or equity, and maybe exercised concurrently, independently or successively. <br />13. Suoesssars and Aeries Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and <br />the tights 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, Nodoe. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in <br />this Dad 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 recetpp <br />requested, 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 Leader when given in the mariner designated herein. <br />15. Uniform Deed of Trust; Governing Law; Severability. 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 Deed 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 Trout or the :vote 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 />16. 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. Trader of the Property; AsmmptWa. 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 la) the creation of a lien or encumbrance subordinate to this Deed of Trout, (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 stuns 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, Leader and the person to whom the Property is to he said or transferred reach agreement in writing that the credit of <br />such person is satisfactory to Lender and that the interest payable on the s,.:ns recur ed 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 his 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 Nee. <br />If Leader exercises such option to accelerate, Lender shall mail Borrower notice of acceleraron in accordance with paragraph 14 hereof. <br />Seth 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 />date. If Borrower fails to pay such sums prior to the expiration of such period, lender may, without turther 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 />18. Acedutudesh; Rose". Exec" as provided in paragraph 17 hereof, opus Borrower's breech of any covvessnt or agteesreut of <br />Mason in tW Dad of Tent, IstludMg the covepab to pay when doe sty man stewed by this Deed of Truss, lender pwiw to acceleration <br />shod and sotkr so Borrower ors provided in paragraph 14 betrof specifying: (1) the breach; (2) the action regsMei to ewe such breseh. !3) a <br />time. tot fans than 38 doys five the dote of notice Is nuclei to Borrower, by which such breach instill be cared: sod (4) that tsf m to cure such <br />. .ors or before the dose specified in the notice may result In acceleration of the sure secured by this Deed of Trust and sole of the Properiv. <br />The tsoll@t AM ludo infers Borrower of the right to rsisstste after accdersdos sad the right to bring it Conn action to ewers the nun. <br />erisesa of s default err any other defense of Borrower to acceleration and oak. If the breach Is not curd on or before cite date specNkd in The <br />under. Larder of Lodi is option say declare all of the sasa.seeured by thb Deed of Trust to be Immediately doe and payable without further <br />demand sod only invoice the power of sole and ay other restyles putted by apple c "t low. Lender AM be entitled to collect all reasonable <br />cools and expenses lecorred is pursuing the trusedisa provided In ibis paragraph 13. Irsdtadlog, but sot Bustled to, reasonable snoroey's fees. <br />If the power of ask Is invoked, Truster AM record a notice of default In each county in *Web the Property or some part thereof Is located <br />nod shad tared copies of such notice in the manner prescribed by applicable law to Borrower and to the other person prescribed by applicable <br />how. Auer the Input of and else as may be required by applicable law. Trustee shots give public under of sole to the person and is the Manner <br />peaser0 by ogilahle Ins. Trustee, without demand as Borrower. shall sell the Property of pow suction to The highest bidder at the time <br />and place and under the eras dedgalsd in the notice of usle in one or more ponds sod In sock order in Trustee any dewindoe. Trustee may <br />poolposs ink of sill or soy panel of the Piopov y by public asoouncem al at the time and place of ay previously schtdnitd sale. imider or <br />t ardor's dMpot ray ptrreI the Property of ay sole. <br />Upon reafpt of paynom of the ►Moe bpd. Trials@ 9W deliver to the purchaser Truslee's deed conveyieg the Property sold. The "dials in <br />L cis TrsoIne's dose AM be promo f** evldeaoe of The truth of the autements trade therein. Trustee Abel apply the proceeds of the sale In the <br />fodowlsg otdw (s) nl sal rtosoabk Costs cod esftenss of The sae, Including. but not Hmitd to, Trustee's tees of not more than <br />of Mine Brine ink peke, reaesosble attorney's fees ad cosu of title evidence; (b) to all sans secured by ebb Deed of Trot; sod 1c) the extv", it <br />say, to 1M@ person or persons legally retitled Memo, to <br />i1. Borrower's Right to Relostafe., ticnwithstandutg Lender', accelrr al nm .,! Itic Burn, wc, to rd h_. the, IX-rd of 1ruse. Itrnrowcr .hail ha,, <br />the right to have any proceeding* hetun by Lender to cnf ,,frc mi, fired of Trr,a dlsu >nnrwed as . ^, l:mc ; u,.r tr, rho carlrer lu ,KS Ur at (� he <br />!1fin day Wwr the sale of She Property pursuant to rho power of Male lonramcd ,n t hls :local of 1'u'! ,.r r.0 .non -I a ludament cnfor, mN 011, <br />tice'd Of 7fu "S of fat hmrower pays Lcndes all sumo which would 1W 'h;n blue rn,Jcr thrs Dred .•f t —ice 9" ".°ore and nnrc, s� urwj, I <br />_I <br />