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<br />84 --- ~~ u 0 811 <br />by this Deed of Trust immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of <br />taking, with the batanu of the proceeds paid ro Borrower. <br />If tM Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a <br />claim for damages, Borrower fails to respond to Lender within 30 days after the elan such notice is matted, Lender is authorized to collect and <br />apply the proceeds, at 6emder'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 otherwise agra in writing, any such application of proceeds to principal shall not extend or postpone the due <br />elan of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. <br />10. Borrower Nw Released. Extension of the time for payment or moditicatioo of amortiration 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 manner, the liability of the original Borrower and <br />Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for <br />paymrnt or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand mad: by the original Borrower <br />and Bottowa's successors in interest. <br />Il. Forbnroaee b9 Leader Not • Waiver, arty forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded <br />by appUcabk law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or [he 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 [he indebtedness secured by this <br />Deed of Trust. <br />12. Reraedio Caorlatlve. AU 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. ynnmsors and Aaslgx Bored; Jofrf and &verel Liability; Captlom. The covenants and agreements haeln contained atoll bind, and <br />the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to [he provisions of paragraph l7 <br />hereof. All covenants and agreemrnts of Borrower shall be join[ and several. The captions and headings of the paragraphs of this Deed of Trust <br />are for convenience only and aze not to be used to innrpret or define the provisions hereof. <br />U. Notke. Except for any notice required under applicable law to be given in another mannec, (a) any notice to Borrower provided for in <br />thks Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at 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 cenified mail, retwn receipt <br />requested, to Lender's address stated hadn or to such other address as Lender may designate by notice to Borrower as provided herein. Any <br />notice provided for in this Deed of Trust shall be deemed to have been given m Borrower or Lender when given in the manner designated herein. <br />15. Uniform [keel of Trrat; Coverdeg Law; SevenbWty. This form of deed of trust combines uniform covenants for national use stud <br />non-uniform covenants with Umited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of <br />Trust shall be governed by the law of the jurisdiction in which the Propery is located. (n the event that any provision or clause of this Ihed of <br />Trust or the Note conflicts with app(i:.able law, such conflict shall not affect other provisions of this Deed of Tmsi or the Note which can be <br />given effect without the conflicting provision, and to tlis end the provisions of the Deed of Trust and the Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Decd of Trttst at the time of execution or <br />after recordation hueof. <br />17. Transfer at the Property; Assrmptlon. If all or any part of the Property or an innrest 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 Trus4 (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 (d) the grant of any leasehold interest of three years or Tess not containing an option to purchase, Lender may, at Lender's option, <br />declare 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 sale or transfer, Lender and [he person to whom the Property is to be sold or transferred reach agreement in wriuttg tltatthe credit of <br />such person is satisfactory to Lender and that [he innrtst payable on the sums secured by this Deed of Trust shall be at such rate as Lender shalt <br />request If Lender has waived the option to accelerate provided in this paragraph 17, and if Borower's successor in interest has executed a <br />written assumption agreement accepted in writing by Lender, Lender shalt release Borrower from all obligations under this Deed of Trust and <br />the Note. <br />If Lender exercises such option [o accelerate, Lender shalt mail Borrower notice of acceleration in accordance with paragraph 14 hereof. <br />Such notice shall provide a period of not less than 30 days from zhe dale the notice is mailed within which Borrower may pay the sums declared <br />duo. If Borrower fails [o pay such sums prior to [he rxpiration of such period, Lender may, without. further notice or demand on Borrower, <br />invoke any remedies permitted by paragraph 1 g hereof. <br />NON-UNIFORM COVENANTS. Borower and Lender further covenant and agree as foll~Mits ; ~ ++_+= ~ ->:.. <br />10. Accdcradon; Remedim, Except o provided in paragraph 17 hereof, opor Bono ~~, '~tt Y cQ runt ~ ytkeoeal of <br />Borrower is IYi Deed of Trial, incfrdiy the coveraa4 to pay when due arY arm secured by~irYia~ ai~~F `to. ~e~atiw <br />shW mall notlee to Borrower as provided in paragraph 11 hereof specifyiy: (I) the btpcY; (2) the actba regrirad to can arcY breach; (3) ^ <br />elan, aol km than 30 days from the date of notice b mated fo 8wrowa, by wbich such breach mast be cured; and (y tbt [aUnre to care arch <br />brettc-:oa w be[on t4 dt4 spedtkd is the notlre may nwlt ie accekndw o[ the woe acearpl by [his Deed of Trwt and-ink of the Property, <br />T4 sotice ahaY trrther hrtorm Borrower of the rigbt to reinWe otter accekratbn ud the rig61 to bray a corm aetiw to asmA the aoa- <br />eagteace of a detaWt w atq other delete of Borrower to acceientlor and sak.lt the breach is not cured or w boron the date apecitied in tie <br />trotke, Lender at trader's optlw may dedan all of ibe soma second by tits Iked of Trust to be fmmediatdy else and payabk w-thort [arfhei <br />demaW and maY invoke l4 power of sale and uY other nmedks permitted by appUabk law. Lends shall be eatitkd to colkCt all rtawnabk <br />cos4 and etmemrs incnrnd it prnuiy the nmedim provided is this paragraph 18, ircludty, but sot Umikd lo, raaorrble attorney's tees. <br />It the power of stkis invoked, Trwtee-shall record a aotlce o[ dcfarlf it each county fn which the Property or some part thereof !s loafed <br />sad airy tail copies of arch rotlce k the. manner prescribed Dy appUabk law to Borrower sad to the other <br />perroaa Prescribed Dy applkatrk <br />taw. Afar tie hPte o[ such lint m may be ngoired byappUable Irw, Trwne shall give prbtk aotke of sak to [be petaaas sad ie the manner <br />pnsothed 6y tPPMabk 4w, TrWee, without demaW w Borrower, shall sell the Property at Dubik racdor to the highmt bidder at the time <br />•~d, p4a aa(1 rider ibe tams deslgrattd it the wtlce of sak Ie one or more Darce4 and In such order as Trwtee may denrmlre. Trustee ta.y <br />PalYo~c ark at all w any place of the Property by PnbUS aaaouanment at lM time and place of ar9 Pnviouely schrdrled oak. I.erder ar <br />l.eadtlt's duigrse cony Rrrchme the Proputy at any sak. <br />UpWt noelpt of pe;Yme^t of the puke bb, Trwtee shall deUva la the purcWser Trrsta'a deed corveyfy the Property sold, 'the nchals in <br />the Teaake'a deed shall k prltaa Tack erldence of the [tali Ot the statements made herein. Trustee shall rpply the proceeds of the oak in the <br />toYowty otder, {a) o all remoeabk coa4 and eslKma o{ theaak, iretrdhtg, but cot limited to, Trostee's tea o[ rot man than ~__ 3 ___. % <br />at fie gram tuft quire, retsorubk Woraey'a f~ and coats o/ tltk evtdeace; {b) to alt army secured by this Dead of Trust; and (¢) lie eacess, B <br />saY, to 4he.yersga pr PSre4as fsgaliy eaUlkd Thereto. <br />I)1: Borrotrer"s 1Bghf lu Rehagate, Notwithstanding Lender's acceleration of tit[ sums secured by [his pe¢d of 'Frost, Borrawc[ shat; hav¢ <br />tfte right to tutve any proceedi'ugs begum by Lender [o enforce this Decd of Trust disccamtlxnred at any time prtor to the earlier to OUCUr of ttt the <br />ftfth 4aY beftxts the sq)e of the Property pursuant to the power of sale i`Umain¢,{ in [his peed of Trust or {ii) entry of a }utlgment cnfarctttg tkus <br />Dtxx7 of Trsrst if: (a} t3arrtswar fW's L.entd¢r aH aunts which w-outd be [hest due under this f)ccd of Trust, tkt¢ wore sad ncxtrs 9e:urt[;g Eutur= <br />