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10 69-102619 9. Condemnation. The proceeds of any award or clalltt fL r damagris. direct .x consequential its t ollneechon with any coedemnati0n or other taking of the Property. or part thereof, or for conveyance In Ileu of cfrtdomnatton aro hereby asslgnod and shall be paid to Lender In the event of a total taking of the Property. the proceeds shall be applied to the sums secur(Id by this Deed of Trust. with the excess. It any, paid to Borrower In the event of a partial taking of the Property. unless Borrower and Lender otn(irw15e agree. in writing, there shall be applted to the sums secured by this Deed of Trust such proportion of the proceeds as is equal to that proportion which the amount of the sums secured 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 taking, with the balance of the proceeds paid to Borrower If the Property is abandoned by Borrower, or it, after notice by Lender to Borrower that the condemnor offers to make an award or settle r claim for damages. Borrower the roceeds.eat Lenders Lender within option, either odrest restoration repair of the Property or to Lender is authorized to collect and apply p the sums secured by this Deed of Trust. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such Installments. 10. OonowNNOt Reisaeed. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust 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 Borrower's successors interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in Interest. 11• Forbearance, by Lander Not a Waiver. Any forbearance by Lender to exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of of preclude the exercise of any such right or remedy The procurement of insurance of the payment of 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 Deed of Trust 12. Roij fas Cumulative All remedies provided In this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or afforded by law or equity and may be exercised concurrenthl Independently or successively 13. Sucfosaors and Assigns Bound; Joint and Several Uabtllly; Captions. The covenants and agreements herein contained shall bind. and the rights hereunder shall Inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several The captions and headings of the paragraphs,of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 14. Notice. Except tar any notice required under applicable law lobe given In another manner. (a) any notice to Boinower provided for in 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 as Borrower may designate by notice to Lender as provided herein, and (b) any notice to lender shall be given by certified mall, return receipt requested. to Lender's address stated heieln or tc cuch other address as Lender may designate by noticeto Borrower as provided herein. Any notice provided for to this Deed of Trust shall be deeined to have been given to Borrower or Lender when given in the manner designated herein 15• Uniform peed of Trust; Governing Law; SevoubliNty. The form of deed of trust combines uniform covenants for national use and nonuniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property This Deed of 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 Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of tflis Deed of Trust or the Note which can be given effect without the conflicting provisions, and to this and the plovision,—ft of the tlwarr Of Trust and the Note are declared to be severable. 16. Borrowers Copy. Borrower shall be furnishod•a conformed copy of t11e Note and of this Deed of Trust at the time of executton or attar req,•or(tation hereof 17. Traine ar of Ihs PropMy; Assumption. if an or any part of the property or an interest therein is sold or transferred by Borrower without Lender's prior written consent, excluding fa) the creation of a hen or encumbrance subordinate to this Deed of Trust. (b) the creation of a purchase money security interest fdr household appliances, (c) a transfer by devise descent or by operation of law upon the death of a joint tenant or ('Wthe grant of any leasehold interest of three years or less not containing an option to purchase. Lender may. at Lender's option, declare all the sums secured by this Deed of Truat to be Immediately due and payable. Lender shall have waived such option to accelerate if, 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 such person is satisfactory to Lender and that the interest payable on the sums secured by thisDeed of Trust shalt be at such r1te as Lender shall request If Lender has warned the option to accelerate provided in this paragraph 17, and if Borrower s successor In interest has executed a written assumption agreement accepted in writing by Lender. Lender shall release Borrower from rill obligations under this Deed of Trus3•and the Note If Lender. exercises such option to acceletabip, tender shah mall Borrower notice of acceleration In accordance with paragraph 14 hereof Such notice shall provide a period of not tessthan 30 days from the datethe notice is mated within which Borrower may pay the sums declared due. It Borrower tails to pay such sums prior to lheexptration of such period. Lender may. without further notice or demand on Borrower. invoke any remedies permitted by paragraph 18 hereof NONUNIFORM COVENANTS. Borrower and Lender further covensnt.and agree as follows: 18. Acceleration; RernedW*. Except as provided in paragraph 17 hereof. upon Borrower's breach of any covenant or agreemer ,too Borrower In this Deed eat Trust, includong the covenants to pay when due any sums secured by this Deed of Trust, Lender prier to acceleration shalt mai! notice to Borrower as provided :n paragraph 14 hereof specifying: (1) the breach, (2) the action requited to Cure such breach t31 a date. not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured. and (4)lhatfailure to Cure Such breach on or bef ©re the Cale specified in the notice may. result In acceleration of the Sums secured by this Deed of Trust and sale of the Property Trnerotice shall further Inform Borrower of the right to reinstate after acceleration and the right to bring a court action to asset 1111e non- erristence of a default or any other defense of Borrower to acceleration and sate. If the breach is not cured on or before the dace specified In the notice. Lender at Lender's option may declare all of the sums secured by this Deed of Trust to be Imme&riVp due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law Lender shall be entitled to collectatt reasonable costs and expenses Incurred in pursuing the remeddtes provided in the paragraph 1 a. ins furling, but lint limited to. reasonable attorney'3 fees If the power of sale is invoked. Trustee shall record a notice of default In each county In which the Property or some part thereof is located and shalt mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law After the lapse of such time as may be required by applicable law. Trustee shall give public notice of sale to the persons and to the manner prescribed by applicable law Trustee, without demand on Borrower. shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated In the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any prelsrous:y scheduled sale Lender or Lender's designee may purchase the Property at any sale Upon receipt of payment of the price bid. Trustee shaft deliver to the purchaser Trustee's deed cunveying the property sold The recitals in the Trustees deed shall be prima facie evidence of the truth of the statements made therein Truster• shall apply the proceeds of the sale in the following order (a)to all reasonable costs and expenses of the safe. Including. but not limited to. Trustees fees ofnot more than %of the gross sale price. reasonable attorney's fees and coslsof title evidence. tb1 to all sums secured by this Deed of Trust. and (c) the excess. If any, to the person or persons legally entitled thereto 19. ewrowef•s Mot to Reinstate. Notwithstanding Lender s acceleration of the sums secured b/ this Deed of T rust porrovrer shall have the light to have any proceedings beyun by Lender to enforce the Deed of Trust discuntuwed ill .-Illy time prior to the ear tier to Occur of 11t the litth day before the sale of the Property pursuant to the power of srlie ( nntarnfttf in Rho Deed c..f Trust tit) entry of a judgment entoming this Deed tit Trust if far Borrower pays Lender all surns which would Or, 10`1(v) due under this Deed of Trust the Nate and notes securing F urure Advanc es If any, had no ac( e'eratKUt r.c t turPd it)) Hurrr)wi ( urns alt breaches Ctany ether COrenwits of itgreen•t•idS of 844.- louver r notarised In •hIS Doed lit Trust 1.1 fivim ve, p.iV!, 0 rtta• 1VnAbl�trapettSOSinLUrrEdbyLen jerand the- nv enaritsar)dagree•mrrnt', tit (At mt wvi i r.I r,tir,5•d,nlr.• Doedot Trust and incrifor(-r n{ ylPri( jerc. and 71ustefir•• erra" d, nsti5provuir :•drr-p:rragr apt, l81+rp,,t,.• r, t, rjt•.renr•t ,•,rr•t ) .cc ,��.•.•l!, aS ls.t•7nrfr.Qr rPF74rr•,�fr.r)p.iy.rr. r.,,i.....n,•:,tt i %u., ..r ••, rE!aSt,rratJlF >Dftt)rfrer 51s•r:•i.t)tufl ! fiftt ) ftnwArri it1 .. • { _ ,,. r.r •r . 1 •�•.n t vwl r'rrq• 1 trr,,yr. ,, r!t.tn•,• .• the CI•,l,r,l y •N rlit'..rr fIF., ,. ,,t, -•�V. �,:r, ...r .. • .. .,r,,� .• t ..,p .rr..t• j;n,rr••r 1 I ;r. e:r (,;LUr,•t-• t:r• t •r,.nr.. . . r . •. e r ,. . r . .' .) •re, ) 1 , F•,I. n )r t rf^.•.. t :I•. 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