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84 _.-.s - ~~ 0 7 7 7 <br />by this Deed of Trust immediately prior to the date of taking beazs to the fair market value of the Property immediately prior to the date of <br />taking, with the balance of the procads paid to Borrower. <br />If the Property is abandoned by Borrowu, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a <br />claim for damages. Borrowu fails to respond to Lender within 30 days after the data such notice is mailed, Lender is authorized to collect and <br />apply the proceeds, at Lrndu's option, eithu to restoration or repair of the Property or to the sums secured by this Deed of Trust. <br />Unless Lender and Boroower otherwise ace in writing, any such application of proceeds to principal shall not extend or postpone the due <br />date of the monthly installments referred to in paragraphs t and 2 hueof or change the amount of such installments. <br />10. Botmws Nol Reieaa[d. Extrnsion of the time for payment or modification of amortization of the sums secured by this Deed of Trust <br />granted by Lrndu to any successor in interest of Bortowu shall not operate to release, in any manna, [he liability of the original Boroower aad <br />Bortowu's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for <br />payment or othuwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrowu <br />and Borrowu's successors in intuest. <br />tl. Forbeaaace by Lefler Not a Wafver. Any forbearance by Lender in exercising any right or remedy hueunder, or otherwise afforded <br />by applicable law, shall no[ be a waive 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 no[ be a waive of Lender's right to accelerate the maturity of the indebtedness secured by this <br />Deed of Trust, <br />12. IRemedla Camagtlve. All remedies provided in this Deed of Trust are distinct and cumulative to any othu right or remedy under this <br />Dad of Trust or afforded by law or equity, and may be exucised concurrently, independrntly or successively. <br />13. Srecason aad Asdgr Boasd; Jolal aad Several IJaWBty; GpUom. The covenants and agreements herein contained shah 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. AB covenants and agraments of Borrower shalt 6e joint and several. The captions and headings of the pazagraphs of [his Deed of Trust <br />are for convenience only and are not to lx used to interpret or define the provisions hereof. <br />lt. Notla. Except for any notice regtdred under applicable taw to be given in another manner, (a) any notice to Bortowu provided for in <br />this Deed of Trust shall be given try mailing such notice by certified mail addressed to Borrower at the Property Address or at such othu 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 Lrnder's address stated herein or to such other address as Lendu may designate by notice to Borrowu as provided huein. 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 manna designated huein. <br />15. Usitorm Ltixd o[ Twq Goveroag Law; SevenbWty. This form of deed of trust wmbines uniform covenants for national tree and <br />non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Ihed of <br />Trust shah be govuned by [he law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Thad 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 effect without the conflicting provision, and to this end the previsions of the Deed of Trust and [he Note are declared to be sevuabie. <br />16. Borrows'a Cupy. Borrower shall be furnished a conformed copy of [he Note and of this Deed of Trust at the time of execution or <br />after recordation hereof. <br />17. Trarfs of tie Propeey; AswmpUor. If al! or any part of the Property or an intuest 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 Deed of Trust, (b) the creation of <br />a purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint <br />tenant or td) the grant of any leasehold interest of thra years or less not containing an option to purchase, Lender may, at Lender's option, <br />declaze all the sums secured by this Ihed of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if, <br />prior to the sate 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 pawn is satisfactory to Lender and that the interest payable on the sums secured by this Decd of Trust shall be at such rate as Lendu-shah <br />request. If Lender has waived the option [o accelerate provided in this paragraph 17, and if Borrower's successor in intuest has executed-a <br />written assumption agreement aceepted in writing by Lender, Lender shall release Borrower from all obligations under this lh~ed of Trust and <br />the Noce. <br />If Lender exercises such apiion to >ccelerate, Lender she!! tn~.+t+t Borrewer notice of acre!tra!ion it: accersnce with paragraph 14 hereof. <br />Such notice shat! provide a period of not less than 3U days from the date the notice is mailed within which Bortowu may:pay the scans declared <br />due, tf 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 attd Lendu furtirer covenant and agree as follows: ,,,- r ~~~ t <br />Ig. Accdentloa; RemWia. k~cept as provided in paragaapi 17 hereof, apw Borrowers' <br />Borrows to lift 1)uxd of Twt, itrdadiag tie covewu to pay when dare ny soma secured by tih D~19tt"tnrt~~I7ede~jsiaeiaaaYAUoa <br />spY mesh stotla to Borrows as proridtd fa pangrap- 11 tercet apadtyi.g: (I) tie beeaci; (2) tie actloa Mttiad to crre web bteaci; (J)'• <br />flag, col rasa tiaa 30 days from the care of solace q malkd to Borrows, by whki wcY bocci oral be tested; astd (4) lien tttBrre to cure tatei <br />brtaci anor 4etare tie.daq apedfied is the coact may reauk.is accekntlos at the wos:ssured by 11UsUad of Twt_u0 sale o[ lie PropeAy. <br />TYe avuee chair [artier testers Borrows of lie rigW to reiaaute arts acccknuoa amt lie right to brig a tout acuau.to aseerl IYe aor <br />eagteaoe otodetaslfor.uy olio deteam of Borrows to acoekratloa aad sak. It lie brtaci q not cyrtd oa or betota tie dale spee)tlad ~ lie <br />nodce, beads at Leader's optba my decWe all of tie sass seawred by thin Deed of Ttasl to be Immedialdy dm; amt pnyabk witiwLtsttrlier- <br />demastd asd may isvoie tie pews of sak ester uy otter nstcdka psmitted by aPPlicabk laa'• l.tader aitJt be eatltled to colect all retuosaile <br />eoaq astd espeswa iecarred h parssdsg lie remedies provided to tiq paragraph lg, incladhrg, bat ant Iitsiled lo, reawaahk atlortreY's tea. <br />It lie power at aak.q favolted, TtaaKe aba0 tixord • totter at detaWl ie each cosalY V whkh ilia Property or wort parr tiereot b loealed <br />aW aYaB arW capb of stet wUa io lbe muaer preasibsd by applicabk law to Bonows aad to tie niter pertness ptescrlbed-0Y appltelik <br />law. A11er tie IaPst of etttirUse m.may bt rgsindbY appgarble qw, Trwlee sWl glut prblk aodce of sak to lie.ptnoas aad is liem.oae[ <br />prra[tibed by aPPlk~aite law. Twat, wilba[ demand o. Borrower. etch seU tie Property at pablic aactlw la tic 61gk+1 bidder at lie use <br />and pace aad ceder tit terror desfgpgd V tit soda of srq is sae or more parceq aad h sscY oMS as Trtula may delsmiaa. Trtufee may <br />postpwe-tale of all w say parcel o[ tie Property by pabtk aaaoaaataent ar tie Use asd plate of say PrevloaYy sckadskd sak. Letrder or <br />Leer's oMY parcYµ~c [~ P-WMriY at uty tale. <br />Uppa rtcd-t ~. peyttyal of lieprke bW, Twla stall deUver ro the prrcins 7'raalet's dad coaveyitrg the Property wW. Tie recha4 !o <br />Ibs TrutMe's dad. sMldl baptises tack evHeaas of lit frst- o[ lie sutemenq made tiercin. TrtWa siad apply tIM Praeprds of lie sak is tit <br />tatlaritg other: A) fo aN rasoaa-q cad tutu eapeasa at tit sak, iocladfstg, bat nor limited to, Trtutte's tact of cot wort liaa ~ _ 3. _._"k <br />of Ute.~am s~leprip:, re~Wr,atioraey's lea told coW at uue cvideace; (b) m alt cams altered by tbN Deed of Twh u+f (c) the excara, ft <br />asY. to tie penort or pet;orty itgaily eNtued tiearo. <br />19. Nwrowu'sRigYt to Aelawte> Ntrtvviihstanding Lender "s acceteraiitan o£ the sums scc.ured by the Decd of Trust, Borrower shall have <br />tht xight to have any proccedirtgs begun by Lepdu to entorec this lhcd of Trust dist;ont!nucd at any ttme prior tt: the a:tx!iar to xcut of ti) Are <br />fifth day lxforc the safe txf fire Property pursuant to the power of suit caneaiuetl in this IJurd of 7`rast yr (ii} curry of a judgment rnfordug this <br />f)ttest cN 'frost J', (a) Borrower pays t.rnder all tarns which wutrtit ise tlrtn due uudcr this f)eeit of T"rust, the Nate clef notes securing FLtuze <br />