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<br />8Z--i)0445h <br />secured by this Deed of Trust immediately prior to the date of taking bears [o the <br />fair market value of the Property immediately prior to the-date of taking, with the <br />balance o£ the proceeds. paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower <br />that the condemmor offers to make an award ar settle a claim for damages, Borrower fails <br />to respond to Lender within 30 days after the date such notice is mailed, Lender is auth- <br />orized to collect and apply the proceeds, at Lender's option, either to restoration or <br />repair o€ the Property or to the scents secured by this Deed of Trust. <br />LTaless Lender and Borrower otherwise agree in writing, any such application of <br />proceeds to principal shall not extend or postpone the due date of the monthly installments <br />referred to ire paragraphs 1 and ? hereof or change [he amount of such installments. <br />l0. BORRtNdER iVOT ,RELEASED. Extension vi the time for payment or modification of <br />amortization of [he sums secured by [his Deed of Trust granted by Lender to any successor <br />in interest of Borrower shall not operate to release, in ant atanaer, the liability of <br />the original Borrower and Borrower`s successor in interest. Lender shall not be required <br />ta-commence proceedings against such successor or refuse to extend tine for payment or <br />otherwise modify amortization of the sums secured by this Deed of Trust by reason of env <br />demand made by the original Burrower and K,.rrower°s successors in interest. <br />li. FOl{E3EARANCE BY LEiVDER "i41' s :..1i1`Et?. :ens iorebearance by Lender in exercising <br />any right or remedy hereunder, or otherwise afforded be applicable law, shall not be a <br />waiver of ar preclude the exercise of any such ris;rt or rassedy. The procurement of <br />insurance or the payment of taxes ar other liens ;,r %harges be Lender shall oat be a <br />waiver of Lender's right to accelerate the .~turit,~ of the indebtedness secured by this <br />IIeed of Trust. <br />I2. REH£DIES CU`}}7l.ATIVE. 111 remedies provided in this :3eed of Trust are distinct <br />and ceaaulative to any ether right yr remedy under this Need of '.rust or afforded by law <br />ar equity, and may he exercised concurrently. independentl~.• ar successively. <br />13. SG'CCESSORS A.\'D 1SSIt;,tiS BOLI'rD• .iOlh? .itiD SEyER.1L I_IABZLITY; CAPTIONS. 7'he <br />,...:~nants and agreements taerein ccantained shall bind, and the rights hereunder shall inure <br />to the respective successors and assigns a-f lender and Borrower, subject to the previsions <br />of paragraph l7 hereof. 1I1 ~_ovenants and ai.,serasents of Sorro>erer shall be ;Dint and several. <br />The captions aad headings aF the paragraphs of this Iced of Trust are for convenience only <br />aad are oat to Lie used to interpret or define the provisions hereof. <br />14. \(YfICE, Except for :tny notice required ender applicable law to he given in <br />soother manner, (aj any notice to '~orrower provided for in this i}eed of Trust shall be <br />given by .:.ailing such natlce by `'c.rtified *~.ail id,~.resse;.+ to Borrcuer at the Property <br />Address or at such other address as Borrower c:aydesignate by notice tv Lender as provided <br />herein, and (b) <,ny such notice to '_ender shah br g,iven by Certified :fail, return receipt <br />requested, to Lender's address stated i:erein, or to such L*ther .address as Lender may de- <br />signate by notice co Borrower is y:rvvided cerein. Any nvtfte provided for in this Deed <br />of Trust shall be deimed to have been riven to Bvrrover .>r Lender when liven in the manner <br />designated herein. <br />la. UTIIY'VRM DEED JF TRC'S'P; L:04`E:INI`Vt; L_1k; £t'tr'tABIi,1TY. ''"his fucm of Deed of Trust <br />cc~bines uniform cavenatcts far :cativaal use end non-unifom° covenants with limited varia- <br />tions by jurisdiction to ,:oustitute a uniform security instrcanent covering real property. <br />This Dead of Trust shall be governed by the law of the iurisdiction is which the Property <br />is located, in the eveatt that any provision or ~lausc ei this herd of Trust or ehe Vote <br />conflicts with applicable law, such cvafiict shall not affect other provisions of this <br />Deed of Trust at the Mote xhich can De s;iveu effect :rithout the conflicting provision, <br />aad Co Chis end the previsions :f the ^eed of Trust and the '.rote are declared to be severable. <br />lf~. Bi7RRt}wRR'S t,YJJPY. Borrisrer shall be furnisheu a c~~ntonaed copy cif the `r`ate end <br />of this Deed of Trust at the bate of :~xeeution or aitrr recordation hereof. <br />l7. TRAliSYER Of T}iE PRt)PERTY~ .1SSL'.'SPTIO if nil ar any part of -"_he 'r~pecty or <br />as interest therein is sold or transferred by Barrvwer without Lender's pr.i~ -itten cvn- <br />s*atst, excluding (a) the creation of s lien ar cncutabraatc. subordinate to t€tie• mad of <br />Trutt, or (b) a transfer by devise, dr.:cent or by operation of lea upon the death .+f a <br />,joint tenant, Leader may, at Lender's option. declare all the sums secured by this Deed <br />of Trtat to be immediately due and payable. <br />If the Barr~+Y:.r ar anyr successor in interns[ ra the t=ra;s~-rty sc:Llude:.i iu thu .kid <br />of 9`rwet shmaid, without the prior written consent tyf the Lender atoll, .~.euvay, trnnsfec <br />ar ulietcate thR. proprxitp ixr any start thereof, or any interrst iherc,i.n car hr, divezzta.d of <br />i[+t ti8te aT any interest therein iR any :~antxer. whether we~luntary .~r invvlutit.ary, t+r <br />if i;t}e 8a€ter or sop su~cNSSOr in intnreYSt to thv property is a c.~>r}*arati„n. ^vttnerslc.ip <br />~sr ;vier, vacttura, and tore than fifty perctat f ~{;~,} •:xs t'tcc owrter±ship .rf the c°+?rp:yrat;lan. <br />partnership, csr faint Feature ire, wlthuut tht+ }prior written ~-onsent =~i chr =.cnr~rr n,*ld. <br />