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<br />by this Deed of Trust immediately prior to the date of taking bears to lhe fair market value of the Property immediately prior to the date of
<br />taking, with the balance of the proceeds paid to Borrower,
<br />If the Propeny 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 [0 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,ofTrust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to -principal shall not extend - or pos.tpone the- due
<br />date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments.
<br />10. Borrower Not Releued, Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust
<br />gra.nted hy Lender to any successor in interest of Borrower shall not operate to release, in any 11lanner, the liability of the original Borrower-aJ1d
<br />Borrower's successors in interest. Lender shall not be required to commence proceedings against such succesoor 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 />11. Forbearance by Lender Not a WaJver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by applicable law, shaH 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 Hens 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 Jawor equity, and may be exercised concurrently, independently or successively.
<br />13, Snccessors and Assigns Bound; Joint and Several Liability; Captions, The covenants and agreements herein contained shall bind, and,
<br />the rights hereunder shall inure to. the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 11
<br />hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed nfTrust
<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 provided for in
<br />this 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 certirIed mail, return receipt
<br />requested, to Lender's address stated herein o!' tu .:.uch other address as Lender may 'iesignate by notice to Borrower as provided, herein'. Any
<br />potice provided for in this Deed of Trust shall be deemed to have been given to Borro\\ _jr Lender when given in the manner designated herein.
<br />15. Uniform Deed of Trust; Governing Law; Severabmty. T;'. ;'orm of deed of tmst combines uniform covenants for national use and
<br />non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real propeny. This Deed -of
<br />Trust shall be governed by the law of the jurisdiction 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 provisiuns of this Deed of Trust or the Note which can be
<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 or
<br />after recordation hereof.
<br />17. Transfer of the Property; Assumption. If all or any part of the Property or an interest 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 app!i~l1ces. {c) a transfer hy devise, descent or by operation of law upon the death of a joint
<br />tenant or (d) the gram of any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option.
<br />declare all the sums secured by this Deed of Trust ro 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 that the 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 [his paragraph 17. and if Borrower's successor in interest has executed a
<br />written assumption agreement accepted in writing by Lender. Lender shaH rei ease Borrower from all obligations under this Deed of Trust and
<br />r.he Note.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof.
<br />Such notke shaH provide a period of not less 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 to the expiration of such period, Lender may, withour further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph 18 hereof.
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<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18. Acceleration; Remedies, Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenanl or agreement of
<br />Borrower in this Deed of Trust, including the covenants 10 pay wben due any sums secured by this Deed of Trust, Lender prior to acceleration
<br />shall mail notice to Borrower as provided iu paragraph 14 bereof speclfyiog: (1) the breach; (2) tbe action required to cure such breach; (3) a
<br />date, not less than 30 days from tbe date of notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such
<br />breach on or before the date specified io the notice may result in acceleration of the sums secured by this Deed of Trust and sate of tbe Property.
<br />The notice shall further inform Borrower of tbe rigbt to reinstate after acceleration and the right to bring a court action to assert the noo..
<br />existeol.'e of a default or any other derense of Borrower to acceleration and sale. If the breach js not cured on or before the date specified in tbe
<br />notice, lender at Lender's option may declare all of tbe sums secured by this Deed of Trust to be immediately due and payable witbout further
<br />demand and may invoke tbe power of sale and aoy otber remedies permitted by applicable law. Lender shall be entlded to collect all reasonable
<br />costs and e,x;peoses incurred in pursuing tbe remedies provided In tbis paragraph 18, including, but nollimited to, reasonable attorney's fees.
<br />If the power of sale is invoked, Trustee shall reeord it notice of defaullle each county in which the Property or some part thereof is located
<br />and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the otber persons prescribed by applicable
<br />law. After the lapse of such time as may be required by applicable law, Trustee shall give public notice of sale to tbe persons and in tbe manner
<br />prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at pubUc auction 10 the highest bidder al the lime
<br />and place and under the terms designated io the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may
<br />postpone sale of a:.U or aoy parcel of the Property b)' pubUc announcement at the time and place of any previously scheduled sale. Lender or
<br />Lender's designee may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee sbaU deliver to the purchaser Trustee's deed con\'e)'ing the Proputy sold. The recitals in
<br />the Trustee's deed sball be prima facie evidence of the truth of tbf' statements made tberein. Trustee sbaU apply tbe proc~s of the sale in the
<br />following order: (a) 10 aU reasonable costs and expenses of the sale, including, hut not Ilmhed to, Trustee's rees of not more tban ____....i...__..__il7o
<br />of the gross sale price, reasonable attofne)"S fees and costs of title evidence; (b) to aU sums secured by ihis Deed of Trustj and (c) the excess. if
<br />any. to tbe person or persons legally entitled thereto.
<br />19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of "I rust, Horrowcr shall ha"-c
<br />the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time priof !O the earlier to ("~(U1 of {i} Ihe
<br />fifth day before the sale of the Properly pursuant to the power of sale (omaincd in this Deed of Trust or Ill) entry of a judgmcrll t'nfon.-ing thiS
<br />Deed of Trust if: (a) Borrowec pays Lender all sums which would be then due under this DCl:'d of Tru';t, [he NOlI;" anJ rh}lt.~ sc~uring hlturt"
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