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<br />by this Deed of Trust immediately prior to the date of taking bears to the fair market value of [he 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 awazd 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 [he proceeds, at Lender's option, either to restoration or repair of the Property or to [he sums secured by this Decd of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shat) 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 Rekaeed. Bxtension of the time for payment or modification of amortization of the sums sectued by this Deed of Trust
<br />granted by Lender to any sutxessor 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 shat) rani 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. Forbearance by Lender 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 thoindebtedness secured by this
<br />Deed of Trust. .
<br />12. Remedies Cumalatlve. 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. 5ucvxasots and Assigns Bound; Joint and Several liability; Captlocs. 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.: he captions and headings of the paaagraphs of this Deed of Trust
<br />aze for mrzvetdence only and are not to be used to interpret or define the provisions hereof.
<br />14. Notice. Fixcept 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 Trust shall be given by mailing such notice by certified mail addressed to Borrower a[ 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 Leader's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herdn. Any.
<br />ootice provided for is this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />IS. Uniform Deed of Ttwt; Governing Law: Severabllity, 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 iaw of the jurisdiction in which the Property is located. In the event that any provision or clause of ttds Deed of
<br />Trust or the Note conflicu with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be
<br />given effect without the conflicting provision, and [o this end the provisions of the Deed of Trust and the Note are dxlazed to be severable.
<br />16. Borrower's Cupy. @~orrower shall be furnished a conformed copy of the No[e and of this Deed of Trust at the time of execution or
<br />after recordation hereof.
<br />17. Traesfer of the Property; Assnmptlon, 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 f eed cf Trus;, , ,~ the creation of
<br />a purchase money security interest for household appliances, {c) a transfer by devise, descent or 6y operation of law upon th-death of a joint
<br />tenant or (d) the grant of any leasehold interest of twee years or less not containing an option to purchase, Lender may, at Lender's option,
<br />declaze all the sums secured by this Deed of Trust to be immediately due and payable. Lender shall have waived such option W 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 shag beat such rate as Leader shall
<br />request If Lender has waived the option to accelerate provided in 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 accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof.
<br />Such notice shall provide a period of not tens 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 sutras 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 Tender further covenant and agree as follows:
<br />I8. Acederatlon; Remedies, Facept as provided in parogtap6 17 hereof, upon Sonower'e breach-of anycuyeaaot,,(ir agreement of
<br />Bortower io this Deed of Trust, including the coveoanta to pay when due any sums secured by this Deed Pf 1'rust~ Leadtr~prloto aceelentloa
<br />slaU mail ootice to Borrower as provided is paragraph 14 bereot specifying: (1) the breach; (Z) the action required to cure suck breach; (3) a
<br />dale, ao[ less than 30 days from the date of aotke i9 mulled to Borrower, by which such breach moat be cared; aad (4) that failure to cure such
<br />breach on or before the date specified is ibe.notice itay.reault in attekratlon of the sums secured by ibis Deed of Trost aad sa-e of tl~ Property.
<br />The notice skull [anther iafotm Borrower of the right to reiasak after acceteratlon and lbe right to bring a court action to assert the nao-
<br />exis:tnce of a default or soy other defense of Borrower to acceleration and axle. It the brwek tt not cured on or before the date specified ie the
<br />notice, Lwder at Leader's option may dedsre all of the sours secured by this Deed of Trust to be immediately due and payable without furtker
<br />demand and may invoke the powv of sale and soy other remedes permitted by applicable law. Leader shall be entitled to coax[ all reasoaabk
<br />curls aad expenses incurred in pursutag the remedies provided to this paragraph 18, Indudieg, but sot Bmited to, reasonable attorney's toes.
<br />It the power of sale >s invoked, Trustee shag record a notice of default In each county io which the Properly or some part thereof le located
<br />aad shall maB copies of such notice 3n the mamer prescribed by appBeabie law to Borrower aad to We other persons prescribed by appOcabk
<br />law. Attet the lapre, of such time as may be required by applkable Isw, Tnrsice shall gire pubic notlce of sale to the pewons and in the manner
<br />presafbed by applkab[e law. Triratce, witboot demand oa Borrower, shall sell the Property at public auction to the highest bidder at the tlme
<br />atidldace and udder the tsrms denigrated to the ootice of sale in one or more parcels aad in such order as Trustee may determine. Trustee may
<br />poatpgne sale of oU or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. tinder or
<br />Leader's dpdgitee stag Purchase the Property at any sale.
<br />ljpoa_rxdpt of payment of the price bid, Trnstce ahaU delirer to the purchaser Trustx's did conveying tke Properiy sold. The recitals in
<br />the Truatee.'s deal shag he prima fads evideacs of the truth of the stakauals mods [herein. Trustee shalt apply the proceeds of the sale in the
<br />toliovrlogPtder: {a) tP tdi reanotabk coats and expenses of the sale, laciuding, but not limited lo, Tnutx's tees of not more rhos ____3 ~. °%a
<br />Pt the grbrn sale puss, narnoaable attorasy's foss and coats of tltk evidence; (b) to all sums sxured by this Did of Trust; aad (c 1 the excess, it
<br />anY, 1o 16s perxon.Pr penom IegaBy eatlfkd thereon.
<br />l4. Borrower's Right to Relastaie. Notwithstanding Lender"s accelerationnf the scans secured ay this Decd of Trust Borrower shall have
<br />the right to have any proceedings hegira by Lender m enforce tht9 Deed cl` Trust discontinued at any [hoc prior to the earlier tlr eccut of ti) the
<br />fifth day before the sale of the Property pursuant ro the power of sots contained in this L>:ed of True! err (ii) trtty~ t~f a judga:et:: rnt'orcir;g :his
<br />Deer( of Trllst if. (a} Elarrower pays Lender all sums which would br. then due under this i'Jeed of Trust, the tine and vutrs siwuring f~ururr
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