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85--a 0 06 1.8 w <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 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 referred to in paragraphs 1 and 2 hereof or change the amount of such installments. <br />10. Borrower Not 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 />and Borrower's successors in interest. <br />11. Forbsaraace by Lender Not a Waiver. Any forbearance by Lender tit 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 I fight 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. Rome" Cumulative. 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 by law or equity, and may be exercised concurrently, independently or successively. <br />13. Successors and Acsigm Bound; Joint and Several Liability; 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 he used to interpret or define the provisions hereof. <br />14. Nodce. 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 Trost shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address <br />a, Borrower may designate by notice to Lender as provided herein, and (b) any nonce 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 Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />tS. Uniform Deed of Trust; Governing Law; Severabilify. 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 Trust or the Note which can he <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. Transfer of the Property; Assumption. 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 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, Lander 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 in this paragraph 17, and if Borrower's successor ht 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 la hereof. <br />Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower inav pay the slims 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 anti Lender further covenant and ilgtee %IS follows; <br />19. Acceleration, Remmedlem. Except as provided In paragraph 17 hereof, upon Borrower's breach of any covenant or agreement tut <br />Borrower In this Deed of Trust, Including the covenants to pay when due any sutras secured by this Deed of Trust. Lender prior to acceleration <br />sheen anti notice to Borrower as provided In paragraph 14 hereof apecifying: 11) the breach; (2) The action rrgmired to cure sueb breach; (3) a <br />dote, so lams then 31 days from the date of notice Is mailed to Borrower, by which such breach must be cured; and 14) that failure to cure such <br />breach on or before the dote specified In the notice may result In acceleration of the sums secured by ibis Deed of Trust and sale of the Property. <br />The ml0H- shall hither Inform Borrower of the right to reinstate after acceleration and the right to bring a court action to mom the non - <br />eaWeme of a defouk or may other defense of Borrower to acceleration and sale. it the breach b not cured on or before the date specified In the <br />aolke, Lender of Lender's option may declare all of the sums secured by this Deed of Trust to be Immediately due and payable without further <br />demand and may invoke the power of sale and any other remedies permitted by mpplkable law. !.ender shell be entitled to collect all musoasbl , <br />cell sold expense hkvned In pursuing the remedies provided In Ibis paragraph 18, including, but not limited to, reasonable ■Tlorney's fees. <br />If the power of sink Is Invoked, Trustee skull record a notice of default in each county In which the Property or some part thereof lm located <br />and 00 mall copies of sack notice In the moaner prescribed by applicable law to Borrower mod to the other persons prescribed by applicable <br />low. After the lope of mach time as may be required by applicable law, 'frusta shall give poMk notice of sale to the persons and in Ike manner <br />Is I -, bed by -op", III law. Trasfse, without demand on Borrower, shall sell the Properly at public section to The highest bidder of the time <br />ale/ /lace all order The faros designated Is the notice of sale In one or more parcels and In such order a 'Trustee may determine. Trustee may <br />is ipmaa male of all or may parcel of the Property by public announcement of the time and place of any previously scheduled sale. lender or <br />Lender's tholpoe may purchase lies Property at tiny sale. <br />Upon raeeiot of payiNat of Ilse price end. 'trustee shell deliver to The purchaser Truslee's deed conveying the Property sold. The recitals In <br />tier IrnwW'm bN shell be prima fack evidence of the truth of the s4lements made therein. 'Truster shall apply the proceeds of the sale in the <br />Lfelowing wdw* (a) to all reasonable costs and espsnses of the sale, including, but not limited to, Truslee's Ire. of not more then _ 1170 <br />of ten pass oak price, reasonable attor'ney's fees mad comes of thle evidence; (hl In all vumm secured by this Deer! of Trust, end tc) the sees., If <br />ay, to flat person or person legally entitled Iherelo. <br />Is' <br />1V, Burrower'm Right to KrInitate. Not wit h%ialidIng Isende( ti acll'14- 1a114111 ,11 1 h M,I III 1'el III I'd h, IIm I),t'ed i,t 1 ell,I, Ihltrowel MhaII hale <br />the right to have any proceedings hegun by Lender 11I, Snforce Ihi' I nerd rd t u1,I dlsanunwed its am Hole In for Ul the cal het to orein ,1t u1 rnr <br />tP ' <br />fifth day before the sale of the Prolienv pnrsuanl t4l ix >weI of Mule r 11ntirtned In Ihn Recd ,.f i us1 of In! rm % of d iudgutrni end„ t, 1111; thy, <br />fired if Trust It ia) Horruwer ttiw� I ritdet all gum, Milt, it would he Iherl ,lur millet 11,11 1 erd 'f I rut; 'hr uul )ww-, .c,. u nyi 1 wuw <br />