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1 <br />85-- 006374 <br />1- <br />by t*s Deed of Trust immediately prior to the date of taking bears to the fair market value of the Property immediately prior to :hc date of <br />taking, with the balaaoe of the proceed, 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 />drum for denude, 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 prooeeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. <br />Unless Leader and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due <br />der of the mtmthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. <br />IL lortmawr Nat b LmouL Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust <br />gtanted.by I.emdw to any successor in interest of Borrower shall not operate to release, in any manner, the liahility of the original Borrower and <br />Borrower's sticcesiors in interest. Lander shall not be required to commence proceedings against such successor or refuse to extend time for <br />payweta 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 wKoeifotT in merest. <br />U. Fwbmm a by Lander Nett a Wtdver, Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded <br />byappiicabk 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 />tales or other *less 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, Bsadw Cumulative. All remedies provides 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 he exercised concurrently, independently or successively. <br />13. liimcawws mad Assigns lowed; Joist 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 lorrower shall he joint and several. The captions and headings of the paragraphs of this Deed of Trust <br />are for convenience only and are not in he used to interpret or define the provisions hereof. <br />14. Nolioe- 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 cenifiai trail 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 1h) any notice to Lender shall be given by certified mail, return receipt <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 Lender when given in the manner designated herein. <br />15. Unifena Deed of Trust; Goveraiag Law; SeverrbWty. This form of deed of trust combines uniform covenants for national use and <br />non - uniform covenants with limited variations by jurisdiction io 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 Dead 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 effa-t 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 anv part of the Property or an interest ihercin is sold or transferred by Harrower <br />without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, fb) the creation of <br />a purchase money security interest for household appliances. (c) a transfer be devise, descent or M- operation of law upon the death of a helot <br />tenant or (d) the grant of any leasehold interest of three years in less not containing an option to purchase. Lender may, at Lender's option, <br />declare all the stems 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 !hc person f o whom the Property is to he =old cn transferred reach agreement in writing that the credit of <br />such person is satisfactory to Lender ano that the interest payable on the sums secure:. tiv this Deed of I rust shall be at such rate as Lender shall <br />request. If Lender has waived the option 10 aCCCIC!a(e provided its 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 accelerdic, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. <br />Such notice shall provide a period of not less than 0 days from the date the norice i% mailed within which Borrower may pay the sums deciarw <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 av ioltows: <br />19. Acaeietwillo ; Rewdiw. Except as provided is paragraph 17 hereof, upon Sorrower'a "1 40W toveraot or agreement of <br />Rao sums its Ob Dead of Trust, iaddiq [be covenants to pry wines due any suns secured by twn li iwillopi-Eg rlq, Amder prior to acceleration <br />shat sd rider M Borrower n provider in paragraph 14 bereof sperifoug: t to the btemcb; (2) t.1i <br />rllioti`+rrotied'ttr`core inch Yueacb; (3) r <br />efsla, sea Gas Chas 36 4W front the dale of ooticr b soled to Harrower, by wild web breach want lie geed; and U) that failure to cure such <br />bean* an or bole 2 the dew specified is the metier way resudl is acceleration of tit sums secured by title Deed of Tryst and side of the Property. <br />Tlbe mount shall fulkm imtwm borrower of the sight to teNnrte *few acceleration mad the right fa bring a court action to sawn The non - <br />eaioNnoa e/ a mirk or a y tlior defense of borrower to rccdermlbn and ask. It the l . is not cared on or before the date specifGr in Low <br />on". D.odw at lamdw's option etwy declare ON of that muss Secured by Ibis heed of Tart to be imnedisidy due and psyoble, without farther <br />dmm=d and any isvoha fie power of cede red am) other reeme" permitted by apphemble low. Lender shall be entitled to collect all renomrhie <br />twice and o" o httt'tifM hl psrauisg tit retmodks provided in this paragraph 13. inclding, butt art limited to, rrarosabk rttnrtse v's tees. <br />It dw pow of add is Invoked. Trustee shall record a coder of default in each county in which the Property or sose part thereof is located <br />and dmv Mi copies of rack male in the Miler prescribed by applicable bow to Borrower and to the other pence st proscriber by atpphcable <br />hour, Allow der lapse of wet* Ifwt in any be lnpdtad by applicable low, Trustee than give public notice of fair to the Intense uhf is lint summer <br />powarE t b appbwYk low, Trrssw. wkkel dsawd on Borrower, d" sell tbt PIG" y n ImNk aactiom to the higbM bidder st Ihr titm• <br />out) plow ad Ndw its Nuts I Ipotod is lie awtiot of cede is use or wore porods ad in such order n 't'ruswe may doloom e. Trustee ma± <br />pupon' uk ofd or any pmecd of tine Property by pale annomrcommi at the time sod place of any previously scheduled ask. I rode+ or <br />LoomWodseysw easy precise tits Properly at may sde. <br />UM toomw of psywart of der price bid. I rmke along deliver to ter prrcbasa Trmsow's deed conveying the Property sow. The red es <br />of Ttaasw's dwd shall be Prison !actor evwosim of 11w truth of the ataleatata made therein. Truster slid) apply the pnkw!ds of tbt sak in out <br />Mowisg wider: (a) to all tas1 11 cObb mud rapemes of the ask, hrhuBog. but not limited to, 11 mWer's free of sot on" oboe __'L 11[, <br />of Or pew ads forks. ntmsosrYle stormy" s less and awls of title rridertre; the io ell rasa secured by this herd of I rust; sod del the rxcvss it <br />wry, so On VMS" ar person lewdly eatitidl lose I@ <br />14. Lim r000f'sMiami to Naimsuse. Nor wit list andl ur Lender '+ ac; t ier a I u ai ,it the gum r_uret'1 I'S itte !?red rat 1nut. Hcx•r,wri .i.ab t,n�r <br />taw right acv have. any p!occedinop tnur- by Lender ttt vnImcc, ihe3 I7ted ill '1 r rn 1 Oil 1111 N ens :r r ri the reiehci !i „�::. .! stn +6•. <br />fifth day hefort thr sale of thr Pf(,I errs t1WNW1Ant u) nct. IN—el ,ii '.air rsiniamrd in iii. liven „i 1!!"! , , i i , -;;, r. „i a �nda mrnt rr.t , -cep In, <br />llft,d of *rust tf fat let —ewer ;;ray, 1 cud^! ;ail lhrn iio' 131„ .:n'. 7 MeJ <br />