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<br />84- 004596
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<br />by this Deed or Trust immediately prior to the date of taking bears to therair market value of the Property immediately prior to the dare 9f
<br />taking, with the balance of the proceeds paid to Borrower.
<br />Irthe Property is abandoned by Borrower. or if, after notice by Lender to Borrower that the condemnor offers to make anawardonetde~"
<br />claim for damages, Borrower fails to respond to Lender within 30 days after the date suchn~tice-is mailed, - Len~r.-is-au.thodzed--to col!_~t~,aiid~o
<br />apply tbe pr~eedSt at Lender's option, either to restoration or repair of the Property or to the'sums secured by,this DeCc:tOf-Tnist~ _',- ._' _ _ _,_ :,',
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall nO~e)<tend,orpOlitpOne,tht'dii~'
<br />date ortbe monthly installments rererred to in paragraphs land 2 heteofor change the amount of such installmentil; " " ",' '_,'
<br />10, Borrower Not Released, Extension or the time ror payment or modification of amortization, of the sums securedbythis'.I)j:<o<l,oM'rust'_ '
<br />granted by Lender to any successor in interest of Borrower shall not operate to release. in any manner, the liability of theoril!i!13lJlorr~eril#id~'
<br />Borrower's successors in interest. Lender shall not be required to commence proceedings'against'such successor ~r:reruse_-to--,:eXt~~t~il~::~-
<br />payment or otherwise modify amortization or tbe sums secured by this Deed or Trust by reason of any demand made by theorigiJ1lll,~Wer-
<br />and BorrnwerJs successors in interest.
<br />11. Forbearance by Lender Nola Waiver, Any forbearance by Lender in exercising any right or remedy hereunder, orotherwis",BffOidOc:i"
<br />by applicable Jaw. shall not be a waiver of or preclude the exercise of any such right or remedy. The. procurement ()f insurance'-or tbe~payrp.~t."Qf.
<br />taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity_of-the iridebtedness's~red:,by-~his:'_
<br />Deed of Trust,
<br />12, Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any oilier right or remedy un<!ertlUs
<br />Deed of Trust or afforded by law or equity. and may be exercised concurrently, independently or successively.
<br />13, Snccessors and Assigns Bound; Joint and Several Uability; Captions. The covenants and agreemenls herein contained shall,bind, and
<br />the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisioDS'ofp8raglaph--l1
<br />hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this -peed-Qf,TtuSt
<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-promded-:ror.in
<br />this Deed of Trust shall be given by mailing such notice by certified mail addressed to Be!,. wer at the Property Address or at such other address
<br />as Borrower may designate by notice to Lender as provided herein, and (b) an~ '.tice 1_ ' Lend~r shali be given by certified -mail, ret~n receipt
<br />requested, to Lender's adcress stated herein or to such other address as Lend~. may designate by not'!:e to Borrower as provided herem~ Any
<br />aotice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated-her~.
<br />15, Uniform Deed of Trusl; Governing La...; Severability. This rorm or deed or trust combines uniform covenantil for national use and
<br />non~uniform covenants with limited 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 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 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'51 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 tbe Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred by Borrower
<br />""ithout 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 (d) [he gram of any ieasehold interest of thtee year.s or iess not comainitlg an option to purchase, Lender may, at Lender's option,
<br />dedare all the sums secured by this Deed 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 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 3\."Celerate provided in this paragraph 17, and if Borrower's successor in interest has executed a
<br />written assumption agreement ac~epted in writing by Lender. Lender shall release Borrower from all obligations under this Deed of Trust and
<br />the Note.
<br />H Lender exercises such option IO accelerate, Lender shall mail Borrower nolice of ac(.-eleration in accordance with paragraph 14 hereof.
<br />Such notice shaH provide a ~riod 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, ",ithout further notice or demand on Borrower.
<br />invokean)'rernedies~rmittedbyparagraph 18 hereof. . 2 .,,\,,,,,, -l'!-'~ ft !
<br />'." , ' ,', ;,~~t : .-,:-,,-j~:~;Q"'. ,~
<br />NON.UNIFORM COVENANTS, Borrower and Lender further covenant an<fagrte as'~ _ -f',"'~
<br />18, A......ration; Remedies. FJ<cepl as provided In plll'll&rapb 17 hen!Of, upODBorro...,'S"Iire.<b"ofany covenanl or agreement"f
<br />trorrower in tb!s Deed of Trust. indud!ng the coYen~!s to pay when due any !it!!!!! s-~ured by this L"eed of Trost. Lender prior to acceleration
<br />sbaD mall notice 10 Borrow.. as provided In paragrapb 14 bereof speclfylDJl: (1) the b.....cb; (2) tbe action required 10 cu", sucb brucb; (3) a
<br />date, Dot less than 3Q days from tbe date of notice is malled to Borrower. by which such bre.ch must be cured; and (4) that failure to cure sucb
<br />breacb on or beforelbe date specified In lbe notice may result in acceleration of the sums _ured by tbls Deed of Trust and sale of the Property,
<br />The notice sball funber infofDl Borrower of tbe rigbt to reinstate after acceleration and tbe right to bring a court action to assert the non.
<br />existence of. default or any other defense of Borrower to aC<<lentioD and sale. If the breach is Dot cund on or before the date specified in the
<br />notice, Lender at Lender's option may declare aU of tbe sums secured b)' tbis Deed of Trust to be immediately due aDd payable without further
<br />demand ud may invoke tbe power of sale and any other remedie-s permitted by applicable 1.",'. Lender shall be entitled 10 COUKt aU reasonable
<br />costs ud expenses ilKurred ia pursuiog tbe remedies provided in this paragraph 18, including~ but Dot limited to, reasonable attorney's fees.
<br />If the- power of sale is in"ioked, Trustee sball record a notice of default in each couoty in which the Property or some part lItereor is located
<br />Rod shall maD copies of such notia in the maDner prescribed by applic.Ilblt la~. to 80rrmnr IDd to tbe other persons prescribed by applicable
<br />law. After the lapse of such time as mal' be required by applicable law, Trustee sball give public notice of ~)e to tbe persons and in tbe manner
<br />p~rlbed by applicable law. Trustee. without demand on Borrower. sball sell the ProJM:rt~' at public auction (0 the highest bidder at the time
<br />IWd pik"t aud under tile ierlii5 designated in tbe notice or sale Iii one or mor~ pafcel;s and in sucb order as Trust~ m.y dttrrroh:;:e, Trustee mil)
<br />postpone sale of all or any pan:el of the Property by public annouDcemenl al the time and place of any previously sl'heduled ule. l.-ender or
<br />~..d.r's deslan.. may purcbase Ibe Property at any sale.
<br />Upon receipt of pa)'meut of tbe price- bid, Trustee shall deliver to the purcbaser Truslee's deed conw,rlng the Property !liold. The recihals in
<br />the Trustee's deed shall be prima rlU:ie tvldeuce of the truth of tbf': st>>.temenls mad~ therein. Trustee shall ae.ppl)' the proceeds of the sate in tbe
<br />followiDa order: (a) to aU rta50nable coals and ex.penses uf the salc, Includiug, but Dol Umited to, Trustee's fl'e$ of not mono than 0:'0
<br />of the cross we: peke. l'UJonable aUorDe')"s.lees and rosLs of dOl' evldc-Dce; (b) to aU sums srcured by Ihis Dttd or Trust; and (c) tht' e:\l'ts.,o,. if
<br />SUI)', to the persoo or ~rsOI1S 1eg,alb entitlfll tbtrrto.
<br />19. 8ufTOwer's Right to Reinstate. Notwith$umdmg l ('nder'~ u..;:..::deratH:m ul [hI:." \tim, s(,'l2ufc-d by :hl~ l>t'eJ tJl rf'U.\~, B0rll.)\H'1' :ohal! hi.lVl'
<br />the light W hav-t: aUl' pmcceJlOgs. ocgun by t ,{'uder lo ~nrorce thill Ikt:-<J of ('rust ul:>i.'Onlillucl.! at an) limi: pi h.H \~} the ('.Ubl': (,l ,),:;.'ttf III 0'1 he
<br />firth Jay hefu!~ l~le s.a!e of the Propt'rty pUi~uam 10 the power of ,lale >,.'onUUflc\j iIl thl.~ tk<d of i'l u;o,! or (Ii) t:~H! \ I)! a Judgment t'Hh)l \..lH~ [hl~
<br />LlcW of lru~t it ia.1 BOlro"",..". pay~ 1 {'"fluet ail sum~ wtuch w{)uld he then dut' under !h,\ !Jt'~:,l111 i llt:ot, lhe ~.)te ,11\0 11<)lc'\ ~~'..:~lJ lilt: l'u!\.l/ l.:
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