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84 -+~fi~OS~c~ <br />by this Deed of Trust immediately prior to the date of taking bears [o the fair market valet of the Property immediately prior to the date of <br />taking, with the balance of the proceeds paid to Borrower. <br />3f the Property is abandoned by Borrower, or if, after nonce by Lender to Borrower that the condemnor offers [o make an award or settle a <br />claim for daauem, Borrower tails to respond to Leader within 30 days after [he date such notice is mailed, Lender is authorized to cellos and <br />apply the prot:eab, 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 otherwiu agree in writing, any such application of proceeds to principal shall not extrnd or postpone the due <br />date of the monthly irlstaUrttrnts referred to in paragraphs 1 and 2 hereof or change the amount of such installments. <br />lt. Borrower Net iteleweed. Extension of the time for payment or moditicaUon 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 manna, the tiabiii[y of the original Borrower and <br />Borrower's successors in interest. Lender shall not be required to commrntt proceedings against such successor or refttse to extend Ume for <br />paymrnt or otherwise modify amortization of [he sums secured by this Dted of Trust by reason of any demand made by [he original Borrower <br />and Borrower's succtasors in interest. <br />l h Forbarroee by t.erder Not ^ Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded <br />try applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procu[ement 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. Remedir CamaloUve. All remedies provided in this Decd of Trust ar-e 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 wncurrently, independently or successively. <br />13. 3wecawrrr Dad Arlgr Board; JOIN eW 5everwl I,bbBfty; Gptfor. The covenants and agreements herein contained shag bind, and <br />the rights hereunder shall inure to, the respettive successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 <br />hereof. Alt covettanta and agreemrnts of Borrower shall be join[ and several. The captions and headings of the paragraphs of this Deal of Trust <br />are for convmirntt only and are not to be used to interpret or define the provisions hereof. <br />11. NoUoe. Exttpt 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 malting such notice by ttrtitied mail addressed to Borrower at the Property Address or at such other address <br />as Borrower may designate by notice to Lcr[der as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt <br />requested, [o Ixnder's address stated herein or to such other address as Lender may designate by notice [o Borrower as provided horde. Any <br />notice provided for in this Decd of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />l5. UrNorm Deed of Test; Goreraiwg Lw; SereraMUry. This form of deed of trust combines uniform covenants for national use and <br />non-uniform covenants with titnited variations by jurisdiction to constitme a uniform security instrument covering real property. This Deed of <br />Trust shall be governed by [he law of the jurisdiction in which the Property is Yoca[ed. In the even[ that any provision or clause of this Deed of <br />Trust or the Note eonFlicts with applicable law, such conflict shall not affect other provisions of [his Deed of Trust or the Note which can be <br />given effect without the conflicting provision, and to [his end the provisions of the Deed of Trust and [he Note are declared to be severable. <br />16. Bortower's Copy. Borrower shall be furnished a conformed copy of the No[c and of this Deed of Trust at the time of execution or <br />after recordation hereof. <br />17. Totter u/ tie Property; Awmptloo. If all or any part of the Property or an interest therein is sold or transferred by Borrower <br />without Lrnder's prior written cancan[, excluding (a) [he crwtion of a lien or encumbrance subordinate to this flood of Trust, (b) the creation of <br />a purchase money security interest for household apPhanees, (c) u transfer by devise, descent or by operation of law upon the death of a joint <br />trnant or (d) the grant of any leasehold interest of throe years or less not containing an option to purchase, Lender may, at Lender's option, <br />deciaze all the sums secured by this Deed of Trust [o be immediately due and payable. Lender shall have waived such option to accelerate if, <br />arior to the sale or transfer, Lender and the person to whom the Property is [o be scid or transterrrd reach agreement in writing that the credit of <br />such person is satisfactory to [,ender and that the interest payable on the sums secured by this Deed of Trust shall ix at such rate as Lender shall <br />request. If Lender bas waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has executed a <br />written asstunption agreement accepted in writing by Lender, Lender shall release Iorrower from all obligations under [his Decd of Trust and <br />the NotC. <br />]f Lender exercises such option to accelerate, Lender shall mail Borrower noticr of accelerazion in aaordance with Raragraph 14 hereof. <br />Such notice shall provide a period of not less than l0 days from the dace the no[i[x: 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 further notice or demand on Borrower, <br />invoke any remedies permitted by paragraph I8 hereof. ,'~,', ~,~~"~~"-"•'~" '"- ) <br />~^ <:::. d <br />r <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as foBeirat t a"t- .', <br />let. Acceieradoa; Remedir. EatePt r Provided is peragnPY 17 hereof, uPOw Borrowerts itrerc~ of-uY coverut or apeemeal of <br />Borrower it tiie Drd of TraW, ladrify the corewb to pay when tiro arY cams aecared by 1hM Used of Trrl, Leader Prior to wcceletadon <br />sWl rwaU wotke to Borrower a prorMei L P 11 iareot speeifYia~: {I) the beeaei; (2) tie ectlw required to care wcY brewcY; (~) • <br />deb, wet boa Ilan Ji days from tie date of eotia b mailed to Borrower, by wibb eaci bract maN be cared; ot411) WI tallttn to wrc tact <br />btnrti a a -eteae tie date ttpeettkd d tie rods coat teerll i. aaebntlw of Up trwp feertrtd by INa Died of Trael owd sale of the Property. <br />T'k retles sWl fattier (dorm Borrower of 14 right to reiattate alter acceteraUw and U!e rigbt to brfag a coat( Delia b waetrl the roa- <br />eabpace of a detwp w awy Drier datear of Borrower to acorlenUoa sad rtrk. It tie brewci b ool awed ow or before tie dote spedekd f• lie <br />erotica, Lsrder u Itaier's apdoa mrY dadare r10/ tic scar secured by lib Decd of Tewst to be itnmedloWY tiro sad WYebb wiUor/ earlier <br />demand rwd coat fareite the power of ale sad nay otter rearedles permitted by appikabk bw. Larder sbaU be eatftied to collect aN naarabb <br />rosb sad eaPewser iacarred u parenting tic remedla prerided kl lib prragoPh 18, iatiwdieg, brf not Umifsd to, rewwubk allorreY's lea. <br />It elk Power of sake b IwrakN, Traebe still record a notbe of detente in eaeb coertY it wbk6 tYe ProPMY or some pre tbereot b located <br />and-eiwB rwril copies of anti oadce b tie otrrer praaNted by aPpUabk hw to Borrower sad to tit otter penews P~tl~ by appUewbk <br />Mw. Atarr tie IaPOa of ors! Lima r amy be redrid 67 appdcwbk low, Trrta sYW give Pwbge calico of sale to t-e persap sad to tie mrorer <br />proagiYad.by apPYeabN taw. Tnrpe, wlliort demand o• Bortowr, siwU eeB tie Property of prNk orcdw to tit ~i bidder r1 lie Ume <br />aN Pieceaad eaisr tie Isrraa detigarpd V tie oet[te of sole V owe or more perceb sad Ir stet order r Trope mar deptmlae. TrsNee coat <br />parlPwe,arb eJ aB.or uY Petted of tbs Pteperp by P~ aawoartemeN N 14 Ume sad place of scat pnrbaelY stbWakd sole. Larder or <br />Inch's dmigre ayY [rottiar rte PrePmtY of ary tole. <br />UPee rrriPt e! P9ratt of tic Print W, Tube eieY dtirer to tit Pwrcirer Tutee's deed correYlet lie Property sob. Tie «cilab u <br />Ur TeaNOe'a dad tioY:M Pritaa lade erideaes o1 Mo 1Mi of tie staataeewp mode tieeda. Tester still aPNY tie Proceeds of tit sole in tie <br />teBOwirtg artist; (!) fa edtaosaawbb cap aai apowaw of lie orb. frtchrdtag, bat Dot Bmlted !o, Trrstee's fns of rotmore /Mw _.__~___.. °'+ <br />of fM tt!ats Bois Prbs, reoeeaabk wderray's teas anti tests o[ tide erideres; (h) to aU srru aecared by !hb Deed of Trost; asd (c) tie exeees, If <br />cry, to Ur Pones[ er pers»r M*aBf eodded tberete. <br />ly. fbarrewer's BtgM, to ttdasirp. Nmwi[hstarxli[[g l.endtr's accticration of~ the sums se+:vred by this flceti of 7[ttse, Harrower shall have <br />else ri>shx to fiave tutY pr[rcredirrgs belun [yy Lxrtder ics ettfarct t}tss [)mod of "Gras[ discontinued at any time prior ro the aatlitr e<x occur of f+) the <br />f[ftb day helots fife snit of flee Ptaperty pwsuam to [ter power of seta ee±tuaitaed in this Decd cf Truss c[i (ii) entry of a iudgnxnt cnforar[x they <br />uRetd cf Irttst r[: {a! frorswwd pays (.ender ail sums wlkic(t would be attar d[[e vrraer this z#rd of T rust, rot Nc[e and na[tx servnng f utvtt <br />