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$r~~---tom CiO0508 <br />by this Dted of Trust immediately prior to the date of taking bears to the fair market vattu of [he Property immediauty priorao-the dau of <br />taking, with the balance of the. proceeds paid toBorrower. - <br />If the Property Is abandoned.byBorrows, or if, after notice by Lender to Borrower that the condemnor offers to makean award or settle a <br />claim for damages, Borrower fails to. respond to Lender within 30 days afar the dale such notice is mailed, Lender is authorized to collets. and, - <br />applythe proceeds, ai Leeds's option, tither to restoration or repair of the Property or to the sums secured by this Deed of Trust. _ <br />Unless Leadet-and Borrows otherwise agree in writing, any such application of proceeds to principal shag not exund or postpone the title <br />dau of the monthly instaBmtnta referred to in paragraphs 1 and 2 hereof or change the amountofsuch instaltments. - - <br />10. Borrows Not Released. Extension of the time for payment or modification of amortization of the soars secured by this~.Dad of-Trust-. _ <br />granted by-Lends-to any successor in interest of Borrower shah-noroperate to release, in any tootles-, ihc_tiability of the original Borrower and~~' - - <br />Borrows's successors in interest. Lender shall not be required to commence proceedings. against such successor or refuse to:extend-time :for <br />paymenx or otherwiu modify amortization of the sums secured by this Deed of Trust by reason of any demand made' by [ha.origina).Bocrower <br />and Borrower's successors in tersest. - - - <br />ft. Forbtanace by Leader Not a Weirs. Any forbearance-by Lender iaexscising-any right orremedy hereunder; orotherwise-afforded: <br />by applirxbk law, shall not be a waiver of or predudc the exercise of any such right ar remedy. The procurement of insurance orihe paymentnf- <br />taxes or other liens or charges by Lender shah not be a waiver of Lender's right to aclxisau the maturity of thaindebtedness secured by khis - <br />Daed of True. - <br />t2. Reanedies Cumntatlre. Ali remedies provided in [his Deed of Trust are distinct and cumulative to any other right or remedy under this: <br />[?red of Trust or afforded by taw or equity, and may be exercised concurrently, independently orsuccessively. - - <br />f3. Sucemann and Aa~goa Bound; Joist tad Several Liability; Gptlons. The covenants and agreements herein contained shall bind; -and. <br />the rights hereunder shall inure to, the respective suceessors and assigns of Lender and Borrower, subject to the provisiotu-of paragraph I7 <br />hereof. A!I covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trdst - <br />azzfor convenience only and are oar to be used to interpret or define the provisions hereof. <br />!4. Notla: Except far any notice reyuued under applicable law to tx given in another manner, (a) any notice to Borrower provided. for in <br />this Deed of Trust shag be given by mailing such notice by certified mail addressed to Borrower at the Property Address ar at such oUtec address <br />as Borrows may designau by notice to Leader as provided herein, and (b) any notice to Lender shall be given by certified mail; retwn receipt -- <br />requested, to Lender's address stand hsdn of to such other address as Lender may designate by notice to Borrows as provided herein.-Any - <br />notice provided for in this Dted of Trust shall be deemed to have been given to Borrows or Lender whin given.in-the manner designaud.hsein: - <br />I5. l}niform Deed of Trent; Governing I.avr; SsvenbBity. This form of died 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 taw of the jurisdiction in which the Propeny is located. in the event that any provision or clause of this Deed-af <br />Trust nr the Note conrtic[s with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Noie which.can-be <br />given effect without the cronftirxing provision, and to this end the provisions of the Dred of Trust and the Notc are declared to be severable. <br />ifi. Borrower`s Gpy. Borrower stlaB be furn)shett a conformed copy of the Note and of this Deed of Trust at the time of execution or <br />efts recordation bertot. <br />t7, Toaster of the Property; Asatmptlon. I€ all or any part of the Property or an tersest therein is sold or transferred by Borrower <br />without Leeds's prior written consent, excluding (a) the oration of a lien or encumbrance subordinate to this Deed of Trust, (b) the creation of <br />a purchast money security interest tar household appliances, tc} a transfer by devise, descent or by operation oC law upon errs death of a joint <br />tenant or (d) the gran[ of any leasehold tersest of these years or eras not containing an option to purchase, Lends may, at Lender's option, <br />declarr all the sums secured by this Deed of Trust to he immediately dot and payable. Lender shalt have waived such option to aceelerau if, <br />prior to the salt or transfer. [ands and the person to whom the 1'ropsty is ro bt sold or transferred reach agreement in writing that the credit of <br />such person is satisfactory to Lender acrd that the interest payable on the sums stcurai by this Deed of Trust shay) beat such rate as Lender shall <br />request. if Lends has waived the option to acce}sate provided in this paragraph 17, and if Borrower's successor in tersest has executed a <br />written assumption agreement accepted in writing by Lends, Lrnder shaA release Borrower from all obligations under This Dred of Trust and <br />the Note. <br />if Lender exercises such optiou to accelerate, Lender shall mail Borrower notice of aceeleration in accordanet with paragraph 14 hereof. <br />Such notice shalt provide a psiod of not less than i0 days Crorn the date the notice is rtailyd within which Borrower may pay the stuns declared <br />dot, if Barrows fails to pay such sums prior to the aspiration of such period, Lender may, without furths notice or demand on Borrower, <br />invoke any remedies prsttdtttd by paragraph IR hereof. <br />NON-t}NIFQRM /:OYENANTS. Borrows and tends froths covenant and agree as Collows: <br />!g. AcctExsatiot; Remedta. Fsapt as provided in paragraph !Z bereot, upon Borrower's breach of any covetaat or agreement of <br />Borrower is this Deed of Trost, ladadhsg the coventats to pay when clot nay swats scented by thk Deed of Tract,-Leader prior to accdentlon <br />shah ma6 notice to Borrower u provided Ice parapnph 14 hereof specifyirtg; (I) the breach; (2) the actloo required to cure such breach; (3) a <br />dtie, aot leas than 3t) days from the date at notice fs mailed to Borrower, by witicb such breach moat bt tared; and (d) that faHurt to cure such <br />breath tot or before the dale sPeetfkd le the natia mtY resale in accekratlon of the soma seivred by this Decd of Trost, sad sale u[ the Property. <br />The notice ahtBfarths inform Borrows-af the right to «ltWau alts acceleration sad the right t0 bring t court orlon Eo-assert the toa- <br />exhieace of t deftut! or.aey orbs deft:mre of Morrows to aceelaatioe tad sale. ft the brach i9 not coral oa or before the dale apecifkd to-the <br />notice, Leads tt Leader's option may heelers ail of the sums scared by this Deed of Trust to be immediately due and payable without turths <br />demaadtcad arty enrolee the pows of oak end nay other remed#ea permitted by appiktbk law, leader shall be entitled to collect nit reasoaa6le <br />casts sad exptmsea tMUrrtd la parstlo; the reatedks provided fa thin paragraph !g, iadadlag, bnt not Iimited to, retaouable ntoraey's fees. <br />ff thapows of sale is invoiced, Trestee shah record a tetkx of dtfanlt to etch county it whle6 the Property or some part thereof is )neared <br />sad shag ma6 ropier of sash corks in the merest prescribed DY tpt>~t* taw to Borrows and to the other penom preacrklred by appiktbk <br />intr. Afler the Lpse of each time as may be.tegaked 6Y applicable taw, Tnntce shill give publk notice of sale to the perwm sad io the auoear <br />ptescribe6 by s4!pBrable law. Trwtae, rrilhoat dematd oa Borrower, aht6 sill the Property at PabBc aactloa to the highest bidder at the time <br />sad INaxe sad reader ~ terms desimsaisd is the aotke o! sale la sae nr more ptrcels sad is each ords as Trastee may detsWae. Trnske may <br />pa#pegat sale of t6 ar atty.pared of the Prupsky by pabtk aaaanac~r®eot et the ttmr a>»t place of aaY RrevinaslY arheduicd sale. Lrnder or <br />LsatleF'a+ tarq.parrhpt tin; Property at ray sale. <br />- flpat.rset:of.paymairt et the price bid, 7reatee shah derive to the pnrcbtsrr T'rustee's deed eonr-eylag tits Property sold. The redttta la <br />the. Trttatea'sdead'sh118 be ptitgt-tack ttvitkece of the truth of the statemeah rattle therein. TrtWa shall aPP1Y thr Rroceeds oP the sale k the <br />fltRosrhsgordar: ice} tg aB retiamtabkeaats sad espetaea of the , iacladiag, bat not Bmkal to, Trwtae': fees of ant mare thin .... _._1~(9_. a°k <br />of the glen tale ptie+, rastaornahieattraaey's fem [tad Costs of title tvtdeacr; ib} to a6 name sectred by tide Deed of 7 Wsf; sad tU the excess. tf <br />ms}r, to t1e trssat a pnaea kgxiiymddad thaeta <br />t9. ~lrrowrf''s Ri;<Ittta ttaiaatatr. Natwithsittaiing Lender's acrtitracian a( the runts secured h7 chi. tlcrd at Tt'ust, Barntw•er shall have <br />iMt riit#q so have any pracxtdings begun ity I.srdtt. to ta[uree this tXed at Ttvst discantinntd at any time prier to the exrtis to tx:cut of ii} the <br />ftftb ~,ity tsrfare ibe-aria at thoF P_rapzity pw~aatant tct th4 power of eau evsttaitacd cn thiy tytad of Trust nr ?ii} s'au7 of a }udg'mtru trti`orrng thrs <br />a+cev tit#'zr~t if: (a) Bkr?owv pays t-ends ail rums which waned in titre dot corder this Uttd x1f fxtist, ,F.t Nc tt atad tr,ntc sc.~uring f~ctturt <br />