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88-- 100782 L 9. Condemnation. The proceeds 01 any award or clil'm for damages, direct or consequential. If' connection with any condemnation or other taking ot the Property. or part thereof. or for conveyance In lieU ot condemnation. are hereby assigned and shall be paid to Lender. In the event ot a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed ot Trust, with the excess, if any. paid to Borrower. In the event 01 a partial taking ot the Property, unless Borrower and Lender otherwise agree in writing, there shall be applied to the sums secured by this Deed of Trust such proportion ot 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 ot taking bears to the fair market value of the property Immediately prior to the date of taking. with me balance at the proceeds paid to Borrower. It the Property is abandoned by Borrower, or It. atter notice by Lender to Gorrower that the condemnor offers to make an award or settle a claim for damages, Borrower tails to respond to lender within 30 days after the date such notice is mailed, lender is authorized to collect and 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. Unless Lender and BOrrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date at fhe monthly Installments reterred to in paragraphs 1 and 2 hereof or change the amount of such installments. 10. Borrower t~ot Released. ExtenSion of the time tor payment or modification ot amortization of the sums secured by this Deed at 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 30rrower and Borrower's successors in interest 11. Forbearance by Lender Not a Waiver. Any forbearance by Lender In exerCIsing any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver 01 or preclude me exercise at any such right or remedy. The procurement of insurance of the payment ot taxes or other liens or charges by Lender shall not be a waiver ot lender's right to accelerate the maturity of the Indebtedness secured by thiS Deed of Ttl~st. 12, Remedies Cumulative All remedies provided in this Oeed 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 concurr9ntly, independently or successively. 13. Successors and Assigns Bound; Joint and Several Liabll!i)', 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 paragrapt: 17 hereof X' ~U/Uf,d,lL "r.d agr<.2mer;5 or Borrower shall be joint and several. The captions and headings of the paragrapr,s of thiS Deed of Trust are fOI convenience only and are not to be used to interpret or detine the provisions hereof 14. tJollce. Except tor any notice reqUIred under appucable ;aw to be given in another manner, (a) any notice to BOrrower provided for in thiS Deed of Trust shall be given by mailing suet, notl(.8 by certlfred mall addressed to Borrower atthe 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 mail, return receipt requested. to lender's address stated herein or to such other address as Lender may designate by notice to Borrower as prOVided herel'1 Any notice provided for in this Deed 01 Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 15. Uniform Deed of Trusl; Governing Law; Severability. The form of deed of trust combmes uniform covenants for national use and non-uniform 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 furisdlctinn in which the Property is located. In the event that any prOVision or clause ot t'":is Deed of 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 given effect without the conflicting provisions, and to this end the provisions of the Deed 01 Trust and the Note are declared to be severable. 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 after recordation hereof 17. Transltlf 01 tho Property; Assumption. If all or any part of the property or an onterestthereon is sold or transferred by BOrrower without Lender's prior wrillEr, '::vn5ent. excluding (a) th" crei1tion at a lie" 01 en<.;umbrance subordinate to this Deed of Trust. (b) the creation 01 a purchase money security interest for household aplJllaneeb.\c) a transfer by devise descent or by operation of law upon the death of a jomt tenant or (d) the grant ot any leasehold interest at three years or less not containing an option to purchase. Lender may, at Lender's option, declare all the sums secured by thiS Deed 01 Trust to be immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transler, Lender and the person to whom the Property is to be sold or transferred reach agreement in wrillng that the credit of such person is satisfactory to Lender and thaltne Interest payable on the sums secured by thiS Deed of T rusl shall be at such rate as Lender shall request. If Lender has waived the option to accelerate prOVided In thiS paragraph' 7, and If Borrower's successor in intelest has executed a written assumption agreement accepted in writing by lender Lender shall r('lease Borrower from all obligations under this Deed ot Trust and the Note. II Lender exercises such option to accelerate. lender shall mail BOrrower notice Of acceleration In accordance with paragraph 14 hereof. Such notice shall prOVide a periOd 01 not less than 30 days Irom the date the notice is mailed within which Borrower may pay the sums declared due. It Borrower lalls to pay s'Jch sums prior to the expiration of such period, Lender may, without further notice or demand e>n Borrower. invoke any relTl'ldies permitted by paragraph 18 hereof. NON-UNIFORM COVENANTS. Borrower and Lend&r further covenant and agree as follows: 18. Acceleretion; Remedies. Except as proVided In paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of Borrower In this Deed of Trust, including the covenants te> pay when due any sums secured by this Deed oITrust, Lender prior to acceleration shall ma" nctlcflto 80rrower as provided i ~ paragraph 14 hereof speCifying: (1) the breach; (2) the action required to cure such breach; (3) 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) that tailure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed ot Trust and sale olthe Property. The notice shalllurther inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. It the breach is not cured on or before the date specilied in the notice, Lender at Lender's option may declare all of the sums secured by this Deed of Trust to be immediately 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 collect all reasonable costs and expenses Incurred in pursuing the remedies provided in the paragraph 18. including, but not limited to, reasonable attorney's fees. II 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 shall 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 in 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 previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale. Upon receipt of payment ollhe price oid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold. The recitals in the Trustee's deed shall be prima lacie evidence ot the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, Trustee's fees 01 not more than % of the gross sale price. reasonable attorney's fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto 19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, Borrower shall have the right to have any proceedings begun by Lender to entorce the Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained in the Deed of Trust (ii) entry at a judgment enlorclng this Deed of Trust if. (a) Borrower pays lender all sums which would be then due under this Deed of Trust, the Note and notes securing Future Advances, it any, had no acceleration occured:(b) Borrower cures all breaches of any other covenants or agreements of BOrrower contained in this Deed of Trust (e) Borrower pays all reasonable expenses incurred by lender and Trustee enforCing tho covenants and agreements of Borrower contained In th.s Deed ot Trust and in enlorcing Lender's and Trustee's remedies as prOVided ill paragraph t 8 hereof. Iflclud,n\1. but not limited to, reasonable anorn<.ly's lees, and (d)80rrowor takes such action as Lender may reasonably requ're 10 assure that the lien of thiS Deed ot Trust. Lender's Interest In the Property and Borrower's obligalion to pay Iho sums secult~{j by Ih:s Deed of Trust shall conllnue un'mpallod Upon SlICt' paymenl and cure by Borrower. thiS Deed at T rust an(' Ihl' obIIQatll}n, SI'ClHod hereby shall remain In tull lorce and effect as If no llccoleralior> had occurred ~ -~f h ~