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<br />by this Deed of Trust immediately prior to the dale of taking bears to the fair market value of the Propeny immediately pdor to the date of
<br />taking. with the balance or 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 award or settle a
<br />claim for damages. Borrow~r fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and
<br />apply the proceeds, 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 otherwise agree 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 I and 2 hereof or change the amount of such installments.
<br />10, Borrower Not Released. Extension or the time for payment or modification of amortization of the sums secured by tlUs Deed of Trus~
<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 ~d
<br />Borrower's successors in interest. Lender shall not be required ro 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 />lL Forbeanmce by Lender Not a Waf-ver. 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 the indebtedness secured by this
<br />Deed or Trust.
<br />12. Remedies Cumulative. 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, Succeoson and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind; and
<br />the nghts 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_ The captions and headings of the paragraphs of this Dee:d of Trtist
<br />are for convenience only and are not to be used to interpret or define the provisions hereof.
<br />14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower.provid~JQrjn
<br />this Deed of Trust shaH be given by mailing such notice by certified mail addressed to Borrower at the Property AddreSs or at such,.other addi:~
<br />as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by ,certified mail,-,re(urn receipt.
<br />requested, (0 Lender's address stated herein or to such other address as Lender may designate by notice to. Borrower as ,provide(tberein~'AnY
<br />tlotice provided for in this Deed of Trust shall be deemed to have been gi\--.en to fower or Lender when given in th,e manner-designated,her~n~
<br />15. Uniform Deed of Trost; Governing Law; Severabm~. Tlu: Am of deed of trust combines uniform-covenants for natiOEalus<<fand
<br />non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering ~-eal propertY',-Thisl:leed-of
<br />Trust shall be governed by the law of the juri."'diction in which the Property is located.. In the event that any provision or clause"of this.-Deed 'of
<br />Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed or:Trust.or the Note.which canJre
<br />given effect without the conflicting provision. and to this 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 Deed of Trust at the' time .of execution' Of_'
<br />after recordation hereof.
<br />17. Transfer of the Property; Assumption. If all or any part of the Property or an interest therejn is sold or transferred by Borrower
<br />withour 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 appHances, (c) a transfer by devise, descent or by operation of law.upon.the.'death of'ajornt
<br />tenant or (<..I) the grant of an)' leasehold inierest of three years or less nO[ containing an option to purchase, Lender may, at Lender's option,
<br />declare aU the sums secured by this Deed of Trust 10 be immediately due and payable. Lender shall have waived such option to 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 thauhe: credit'of
<br />such person is satisfactory to Lender and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Lender shall
<br />request. If Lender has waived the option to accelerate provided in this paragraph 17. and if Borrower's successor.in-interest~as executed. a
<br />wdtten assumption agreement accepted in writing by Lender. Lender shall release Borrower from aU Obligations under this Deed. of TrU$t and
<br />the Notc.
<br />H Lender exercises such option 10 a.:celerate, Lender shall mail Borrow(,f notice of acceleration in accordance with. paragraph 14,hereQf.
<br />Such nOlice shall provide a period of nOlless 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 sums prior 10 the expiration of such period. Lender may, without further-notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph 18 hereof.
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<br />-""-~~'~" ,-., .'><;...,.. -";~ '-..,.
<br />NON-UNlFORM COVENANTS. Borrower and Lender furthercovenant'ar;.j'~ai-AA'';~~;-~~l~t'. ~ ~-
<br />18. Acceleration; Remedies. Except as- provided in paragrapb 17 bereoff"'UJlQu.~".erls:, ~Xotany covenant or:agreement. of
<br />Borrower in tbis Deed of Trust, including the covenants to pay when due any 'sums seCured by this Deed of TrUst, Lender prior to i.cteleratioD
<br />shon mall noti"" to B9rrower as provided in paragl1lpb 14 bereof specifying: (1) the b....cb: (2) the action required 10 cure sucb b....cb; (3) a
<br />date, not less tban 30 days from the date of notice is mailed to Borrower, by which sueh breach must be cured; and (4) that failure to cure soch
<br />breacb on or before the date specified in tbe- DOtice may result in acceleration of the sums secured by this Dftd of Trost and sale of the Property.
<br />The notice shall further inform Borrower of the right to reiuslate after acceleration and the rlgbt to briog a court action to assert the nOn..
<br />existence of a default or aoy other defense of Borrower to acceleration and sale. If the breacb is not cured on or before the date specified in tbe
<br />notice, l...ender at Lender's option may declare aU of the sums secured by this Deed of Trust to be immediately due and payable without furtber
<br />demand and Dla)' invoke the power of sale and any other remedies permUted by apPUC1lble law. Lender shaU be entitled to collect all reasonable
<br />t"osts aDd expenses incurred in pursuing the remedies provided in lh.is paragraph 18, including, but not limited to~ reasoDable attorney's fees.
<br />If tbe p!!we! of sale ~ in"oked. Trustee sb2!l record!! notice of default in each county in whieb tb~ PrDpert'i Oi some pa.; tbereof is IGeated
<br />and sball mail copies of such nolice in the manner prescribed by appUcable law to Borrower and io the olher persons prescribed by applicable
<br />law. After tbe lapse of such time as mal' be required b)' applkable law, Trustee shall give publJc notice ot sale tu tbe peNons Hod In the mauDer
<br />prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction 10 the highest bidder at the time
<br />and place and under the tenus designated in tbe notice of nle 10 oDe or more parcels and in such order as Trustee may determine. Trustee ma)'
<br />postpont sale of aU or an)' parcel of the Propert)' by public announcement at the time and place of lIny prc\'ious)y scheduled sale. Lendu or
<br />Lender's designee may purchase the Pro~y at :lIny ule_
<br />Upon recdp-I of payment of tbe pri~ bid, Trustee lih.n deJinr to the purcbaser Trustee's deed conve)-ing the Propert)" sold. The f<<il.a.1s in
<br />tbe TfWltee's deed sbill) be prima fade tvidence of the truth of tbe italemen15 made thertIn. T fmtu shall app1)< tbe proc-eeds of tht' .sfth~ in the
<br />foUo.wiog orde.: ta) to aU FflIioDlble costs and expenses of the- we, Including, but not Ihaited 10. Trustee's: lees or nol more than _;~t,___.. ~ '-Va
<br />of tbe )trailS !iiale price, rea~()oabJe atturney's fees and cosUi or dUe evidence; (b) to Mil sums securetf by this llffd of Trusl; and tel the. excess. if
<br />an,.. tu lht penon or penons legaUy entJtJed thereto.
<br />19. Borrowc-r's NJxht to Rd1l$11l1t:, Nmwlthtltallding Lender's <!<.:ce!c(<iliuH tA the surm .';(.'-cureu by thIS Dee..! iJl frm\, Hurru\'.-tf ',hail hil\"t:
<br />rh( nght to rliJ.\'<'> ,H1)-' pn.Jc-i:tdJng~ be~uo by L("nde-r to enf0rce ,his Dt~,'d of Trus: dh(jJmmued ,I.[ ,Hl} lime rnor!\. thi: ',',\11.;<':1 W Lh.:\..U! ul (t) the
<br />fifth da) o,eforl;: thl:: sa.lt of the {lrQpen)' pUr::i-UaIll to the p~Jwtr or qtir. (Ofuajut...u in th.1~, D~'ed 01 l'ru:,-t ur \ll) wt! y \)1 '-1 jHd~iJ:ent I:.'ntor-..:in,g, tht-"
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<br />Lj.";'-.':d t,;f ~r ;..\~~ if. {aJ 1'-');;<)'#1;, pay;; Lcnd<:-l i'\l; ~\HH-" wlnr.::h ""'~ndd b(;' iii,,; Lb.-r;' JlH.ki
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<br />;:"I.'cd ,}~ iHH1, ~;-H.' ;'--~P\t' Mid ilotl'~ ~l..'l~LlJln.g i:'l!.\Ht
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