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88-105412 9. Condemnation. The proceeds 01 anV award or claim lor damages, direct or consequential. in connection with any condemnation Dr other taking oltha Property, or part lhereol, or for conveyance in lieu 01 condemnation, orB hereby assigned and shall be paid to Lender. In the ovent of 0 lolD.1 taking oltha Property, the proceeds shall be applied to the sums secured by this Deed of TrUBt, with tho excess, if any. paid to Borrower. In Ihe event of a partial laking at the Property, unless Borrower and Ll3nder otherwise agree In writing. th~re shall be applied 10 the sums secured by this OeedotTrust such proportion oltha proceeds as Isoquallo lhal proportion whIch the amount oltha sums secured by this OeedofTrusllmmedlBtely prior to the date of taking bears to the fair 1~~k~~;~U~ j~ ~~8~~:ne~ ~~~:::~~~r ~~~{ ~~~~~~~~~ ~fyt~~I~ge~~hBt~~:~:r~h~,~~~~cf~~;~nd:r ~W:r~Ot~~~::~ award or senle a claim for damages, Borrower fails 10 respond to Lender wit.hin 30 days aher the date such notice Is mailed, Lender is authonzed 10 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 L-ender and Borrower otherwise agree in writing, any such applicalion 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 at such installments. 10. Borrower Nol R.....ed. 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 nol operate 10 relea:;lB, in any manner, the liability of the original Borrower and Borrower's successors Inlerest. Lender shall notbe required to commence proceedings agalnsl such successor or refuse to extend time for payment or otherwise modify amortization of lhe sums secured by this Deed of Trust by reason ot any demand made by the original Borrower and Borrower's successors In Interest 11. Forbearance by lender Not a Waiver. Any lorbearance by Lender in exercising any right or remedy hereunder, or g~~~~~~e~~~~~~~u~:n~t~;~~~I~~:~~~~~;'t~~sb~r ~l~::~r::n~fo~~~~~~~sd:y tt:n~~~r;~~~~ ~~~~~ aS~~~v~~~: ~;::;;,~~Yg~~~ accelerate the maturity of the indebtedness secured by this Deed 01 Trust rem~~y ~-::U~:I~~~~~.~reT~~~~e~e~f~~~d;~v~~e~~ ~:5e~~~:. ~n~r~~~r~edi:~~~~i=: ~~~~~~:~~I~~ rnnJe~~ned~~~I~t ~~ SUCCBSSlIlBly 13, Succe'lloJa Bnd A..lgn. Bound: Joint and Several UabllltYi 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 hereol All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs 01 this Deed of Trust are for convenience only and are notto be used 10 interpret or define the provisions hereof. 14. Hollee. Except for any notice reqUIred under applicable law to be gIven in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be given by mailing such notice.by certified mail addr~ssed to Borroweratthe 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. relurn receipt requested, to Lender's address stated herein or to such other address as Lender maydeslgnate by nollce to Borrower as provided herein. Any notice provided for in this Deed or Trustshall be deemed to have been given to Borrower or lender when given in the manner designated herein 15. Unlfonn Deed ot Tru.t; Governing Law; Sever.blll',. The form of deed of trust combines uniform covenants for g~~~~~~ ~::I~~~;~,u.p~~~r~e:~~~~~~ ~~l 1~~i~~~;~~~I~~~h~~~~i~?;~~j~rl~df~r;~i1~t:~i~~~:~r~~~~~sl~~~~:~r~ Ihe evant thai any provision or clause ot this Deed of Trusl or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed 01 Trust or the Note which can be given effect without the conflicting provisions, and to this end the provisions at the Deed 01 Trust and the Note are declared to be severable. 16. Borrower'. Copy. Borrower shall be furnished a conformed copy ot the Nole and of this Deed of Trust at the 1Ime ot execution or after recordation hereof 17, Tranaf.r 01 the Proper1ri A.aumplion. If all or any pan 01 the property or an Interest Iherein IS sold or lransferred by Borrower without Lender's prior wntten consent, excluding (0) the creation ot a lien or encumbrancesubordlnale tothis Deed 01 Trust (b) the creation of 8 purchase money security interest for household appliances, (c) a transfer by devise descent orby operation of law upon the death of a 10lnt tenant or (d) lhe 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 0' Trust to be immediately due and payable. Lender shall have waived such option to accelerate if. prior to the sale or transter, Lender and the person to whom the Property is to be sold or Iransterred rench agreement in writing that the credit of such person Is satlsfaclory to Lender and Ihaltheinteresl payable on the sums secured by this Deed of Trustshall be stsuch rate as Lendershall request If Lender has waived the option to accelerate provided in this paragraph 17, and If Borrower's successor in Interest has executed a written assumption agreemenl accepted in writing by Lendel, Lender shall release Borrower from all obligations under this Deed of Trust and the Note. II Lender exercises such option to accelerate, Lender shall mall Borrower notice at acceleration in accordance wllh paragraph 14 hereol Such notice shall provide a penod of not less Ihan 30days from the date the notice is mailed within which Borrower may pay the sums declared due. II Borrower falls to pay such sums prior to the expiration of such period, Lender may. without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. NON-UNIFORM COVENANTS. Borrower and Lend.r further covenanl and Igree I' followa: 18. Acceler.Uon; Remedl... Except as prOVided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Deed 01 Trust, including the covenants to pay when dUBsny sums secured by this Deed of Trust, ~~~~rr~~rr~dat~c:~~~a:~~hs~~~~~~;I~~~~I~:t~, ~~~~:sel~~~p;g~:e:f~~~t~~~a~~ t~~ ~e~t~~~ ~~~tr~~~~(~~~~:~~; ~~:~~ such breach must be cured: and (4) thntfailureto cure such breac~ on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trustand sale of the Property. The notice shall further Inform 8orrowerofthe right to reinstate after acceleration and the right to bring a court action to assert the non-ekistence of a default or any other defense of Borrower to acceleration and sale. If lhe breach is not cured on or before the date specified In the notice, Lender al Lender's option may declare all 01 the sums secured by this Deed at Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permiUed by applicable law. Lender shall be enlilled to collect all reasonable costs and expenses incurred In pursuing the remedies provided in the paragraph 1 S, Including, bul nol Ilmi:~~O~:::~t~fe~~':~t;';,e;:~stee shall record a notice of default in each county in which the Property or some part thereofls localeel and shall mall copies ot such notlcein the manner prescribed by applicable law 10 Borrower and 10 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 peraons and in the manner preucribed by applicable law. Trustee, without demand on Borrower, :~~I~~ ~:~~~~ rg:,~:~~ ::;dr~~~~~~r~~rh:SS}~~~1: ::~I~7'e~~~nd:~~~::d.::~;e~~:~~::a1:~P~~~~~~y~~~~~:~~ the Property by public announcement at the time and place of any previously sChedu,U sale. Lender or Lender's designee may purchase the Property at any sale, The~:r~~~~:~t::.:de fh~~le::rr~~S(:i:~~\~~~~:~~~~~~r~~~~~~~:~J:t~~e::~d~:~~i~;r~~~~~:t:o~~WaSpo~~ the proceeds of the 18le In the following order: (a) 10 all reasonable costs and ekpenses of tile sale, Including, but not limited to. ;.;rt~U:;~: =~~0~';S~ Deed ot Trust; ~~~~~j a::::~~i~I~~'v~~~s~~~~~~~O~~%~~::~~~~~~~tfJ:':h':~:~~ce; 11. 80rr0wer". RIght to ReInaIate. Notwithstanding Lender's acceleration ot the sums secured by this Deed of Trust. Borrower snail have the rlghl to haye any proceedings begun by Lender to enlorce Ihe Deed of Trust dlsconllnued alsnv time prior to the earlier to occur 01 (i) the fifth day before the sale of the Property pursuantlo the power 0' sale contained In the Deed a. Trust (Ii) entry or a judgment enforCing thiS Deed of Trusl if: (8) Borrower pays Lender all sums which would be then due under this Deed 01 TrUll the Note and notes securing Future Advances, If any, had no acceleration occured:lb) Borrower cum all breache~ ot any other covenants or agreements of Borrower conlained m Ihis Deed 01 Trust: lct Borrower pays 011 reasonabl@eKPcnseslncurredbyLenderandTrusleeenlorcmg loe covenants and agreements of BoHower contaIned In thiS Deed of Trust and In entorclng lender's and Truslee's remodles as prOVided In paragraph 1 B herool. Includmg. bul not Iimlled 10 reasonable anorney's'"Io. and ld) BorrOWOf lakes such acllon os Lendor may reasonably rOQUlre 10 assure lhlll tho hen of ~~:IP=tlC::U~~~~,~~~~~B ~~I:~e5r.~~~ ~:y~~~tO~dD;:f~~'~r~~~~~I:~~II~:~~ ~~11~~~ :~~~1~~t~:~1~Jf\I~~~';~I~:~~::~~ ,hall remaiO In full force and e"ecl 0$ II no accoleratlon hod occurrod