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<br />~~ ~----f 1 G 0`~_ 4 <br />by this Deed of Trust immediately prior [o the date of taking bears to [he fair market value of the Property immediately prior to the date of <br />taking, with tht balance of the proceeds paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice lry Lender to Borrower that the condemnor offus to make an award or settle a <br />claim for dtttriages, Bortowerfails to respond-to Lender within 30 days afiu the date such notice is mailed, Lendu is authorized io colkct and <br />apply the proceeds, at. Lenders option, tither to restoration or repair of the Property or [o the sums secured by this Deed of Trust. <br />Unless Lendei and Borzowu otherwise agrce in writing; any such application of proceeds to principal shall not extend or postpone the due <br />date Of themonthly installments referred to in paragraphs 1 and 2 hueof or change the amount of such installments. <br />]0: Borrower Not RekaxA. Extension of the time fo: payment or modification of amortization of the sums secured by this-Deed of Trust <br />granted by Lmdu to any successor in iniertst of Borrower shall not operate to reltase, in any manner, the liability of the original Borrowu and <br />Borrowu's successors in intuest. Lendu shall not be required to commmce proceedings againsfsuch successor or refuseao extend-time for <br />paymmt or otherwise mod(fyamortiiation of the sums secured by this Died of Trust-by reason of any demand made by the original Borrowu <br />and. Borrowu's successors in inttrest. <br />11. Forbeataelx by Lender Not a Ncaivu. Any forbearance by Lmder 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. Tht procurement of.insiuance or the payment of <br />taxes or othu Iiens or charges by Lendu shall not be a waiver ~f Let=do's right to acceluate the maturity of the indebtedness secured.by this <br />Deed of Trust. <br />12. Remedka Cumelatlve. All remedies provided in this Deed of Trust are distinct and cumulative to any othu right or remedy under this <br />Deed of Trust or afforded by taw or equity, and maybe exercised concurrently, independmtly or successively. <br />13. Succason a~ Assigns Bot[ad; Jotot rnd Several llablBty; Captions. The covenants and agreemm[s huein contained shall bind, and <br />the rights heretmdu shall -iniue to, the respeMive successors and assigns of Lender and Borrower, subject to the provisions of pazagraph 17 <br />humf. All covenants and agreemm[s of Bortower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust <br />aze for convmimce only and are not [o be used to interpret or define the provisions hereof. <br />14. Notla. 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 Tzust shag be givm by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address <br />as Borrower may dtsigtrate by notice to Lendu as provided huein, and (b) any notice to Lender shall be given by certified mail. return receipt <br />requesFed, [o Lmdu's addresssmted herein or to such othu addrtss as Lender may designate by notice to Borrower as provided huein. Any <br />.notice provided for is this Dad of Trust shag be deemed to have hero given to Borrower or Lender when given in the manna designated herein.. <br />I5. Uniform Dad of Trost; Governing Law; StvenbWq. This form of deed of trust combines uniform covenants for national use and <br />non-uniform covmants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of <br />17usi shall be governed by the law of the jurisdiction in which the Proputy is located. In the even[ that any provision or clause of this Deed of <br />Trust or the Note conflicts we*J. applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be <br />)Yuen effect without the conflicting provision, and to [his end the provisions of the Deed of Trust and the Note are declared to be severable. <br />16. Bortower's Copy. Borrower shall be furnished a conformed copy of the Noce and of this Deed of Trust at the time of execution or <br />af[u recordationhueof. <br />17. Transfer of the Property; Assumption. If all or any part of the Proptrty or an interest therein is sold or transferred tiv Aorrower <br />without Lendu's prior writtrn consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, ib) the ;reation of <br />a purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of taw upon the death of a joint <br />tenant or (d) the grant o€ any Ieasthold 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 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, Lmder and the puson to whom the Property is to be sold or transferred reach agrcemrnt in writing that the credit of <br />such puson is satisfactory to Lender and that the intuest payable on the sums secured by this Deed of Trust shall be a[ such rate as Lender shall <br />request. if Lender has waived the option to a=x:elerate provided in this paragraph 17, and if Borrower's successor in interest has executed a <br />written assumption agreemm[ accepted in writing by Lrnder, Ltnder shall release Borrower from all obligations under this Deed of Trust and <br />the Note. <br />If Lendu exucises such option to atxeluate, Ltnder shag mail Borrower notice of acceleration in accordance with paragraph 14 hueof. <br />Such not'tceshall provide a puiod of no[ Tess 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 furthu notice or demand on Borrowu, <br />invoke any rtmtdies permitted by paragraph 18 hereoF. <br />NON-UNIFORM COV~iNANTS. Horrowu and Lendu furthu covenant and agrce as follows: <br />tg. Aceeitratloa; Remetltn. Ettccpt as prov[ds io paragraph 17 6ercof, upon Borrower's breae4„of aay,:corenapt;;or rgreement of <br />Hmrower is tik Deed of Trull, incladtag the rnveaaata to pay when dne soy auras secured by this Dad of Tnsy Leddsr,prior to pCCdwftloo <br />salt mtil ttotia to Berrowsr as proved in paragraph 14 6ereot specifying: (1) We trrercb; (2) the action required to care such braach;~(3) a <br />date, sat kaa lira 36 days from the.dtk of aotke is utrikd to Horrowu, by whkh each breath must be eared; and (4) that faBnre to care such <br />bancY oa or before the dak apecltkd m the aotkx may result in acceleratlon of the soars secured by this Deed of Trust and sale of We Property. <br />T)te aotke shalt-fartiartatorm Borrowu of the right to trlacta[e rtter accelerrtba sad the right to_btiog a rnurt aetloa to assert 16e nan- <br />esbuace of a defaatt w arty otter decease of Borrower to accclerattoa sad sale. If the breae6 k not cured ou or before the date spetdfls is the <br />spike, Leader at Lsader'a opttoa cony declare all of tie sums secnrs 6y tbta heed of Trust to be immediatey due and paYabk without further <br />deeemed and may iarokt tic power of sak sad nay olio rcmedks permitted by appikabk law. Lender shag be mtltls to collect rB reasoarbk <br />coats aed expenses incurred ha pmauing the rea[edka prorlds in t~s paragraph 18, lacludi[g, but not limited to, reasoaabk attoraeY's fees. <br />i{ the,power of askk iavotted, Trrsta siali record a aotke of default in each arouaty in whkh the Property or some Part ttrereoi V located <br />aod.sYtB marl eoRke of stub notlce !s tic manner prescribed by appllcatrk Iaw to Borrower and to tie olbu perao~ Prescribed by applipble <br />kw. Afkr tit IaNC of aach !tout sa auY tie repaired by appikahk law. Trustee shall. giro public node! of sale to the persona sad in the manner <br />ptactlE~{ by appNa6te law. TraNee, witlwut de®aad on Borrowu, shall aril the Proputy al pnbBe aucttoa to tM 6fghts[ b)ddu at the tint <br />sad ptaer and uadar the ieroa deslgarkd is tie entice of sak in oce or more pareds sad is such order as Trratet may dekrmiae. Truata stay <br />poatppat,snk.of aN pr_aay_pfrcd of [tie Aropaty try pabUc anaonpcettttat at the time sad platx of nay previously sciedrkd ask. Ltnder or <br />feyiAer's desl~ae auq.parcMtfe tiePtapar4y al nay yak. <br />Uppa retdpt of PeU'>4~aF of tie pike bid, Trustee sbrB deliver to tie pure6raa~'1'rasta'a deed canreyiag tie Property sofd. Tie recltab to <br />gaa'TraNa's [lend eWY>Itt pttma facie evkett« pt tie truth pt tit sutemeata mad! tierdn. Trusts shag apply the process of tic ark la the <br />foBgwiaE oftlts: (ta to ~reaap~Mblc tMia rttd expcasas of tie sde: indadipg, tut not Bsaltad to, Trastea'a feet of ant more thaa ~ ~{ _____t5s <br />_. <br />at rite yroe/ tde peke, rcasaaabk attgstky's tote sad rusts of dtk erideact; (b) to all anms stayed by tbkt Des of Trust; vnd (c) tit txavsca, tf <br />!wry, ip llte:geRpa_pr p( eatltied lierato. <br />14, Bpmrwu"s ro BslmisrGe. Natwitltytettding lsader's aceeluat«on of the sums sta:urtd by this Deed of Trust, Borrower shalt have <br />tht rtgii kr bava ruiy proctt~;idags.begun Fry lxrtdei to tnforix this 13etd of Trust discontinued ai any time prior to the enriiu 20 arcur of ti) lhr <br />flftlb-dry before iht tale of the ProPtrty pursuant. to the pawn o£ sa)t CFbtttai[test in this Dted nt' Truer ar (it) miry of a judgmcut rnt'arcing this <br />I)tast pf TxUSt if: (a) Borrower puyz t ....+»r alt turns w2rith i~rr[tld bt thin dot :mdtr this Ihxd of Trust, the Noic and notes clearing f~uturc <br />