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,- 83-0010\:::. 9. Condemnation. The proceeds of any award or claim for damages. direct or consequential. in connection with- any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower, In Ihe event of a partial laking of the Property, unless Borrower and Lender otherwise agree in writing, there sball be applied to the sums secured by this Deed of Trust such proportion of the proceeds as is equal to thai. proportion which the i.rnui.mi of the Slil'115. secured by this Deed of Trust immediately prior to the date of taking bears to the fair market value of tbe 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 if. after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails 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 oplion, either to ,estoration or repair of the Property or to tbe sums secured by tbis 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, JO. Bonower Not Released. 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 in interest, Lender shall not be required to commence proceedings agajnst 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. n. 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 of or preclude the exercise of any such right or remedy. The procurement of insurance or 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, Remedies Cumulative, All remedies provided in this Deed of Tnlsl 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 concurrently, independently or successively. 13. Successors and Assign.o Bound; 10lnl and Several Liability; Captions. The covenants and agreements herein contained shaH bind, and the rights hereunder shall inure to, lhe respeclive successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shaH 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 for any notice reqUired under applicable law to be gi....en in another manner, (a) any notice to Borrower provided for in this Deed of Trusl 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 hy notice to Lcnder 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 herein, Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or l.ender when given in the manner designated herein, IS. Uniform Dred of Trust; Governing Law, Se\'erabilit,.. This form of deed of trust combines uniform covenants for national use and non~uniform covenants with limited variations by jurisdiclion 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 lhe 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 this Deed of Trust or the Note which can he given effect without the conflicting provision, and to this end the provisions of the D<<d of Trust and the Note are declared Ii..' be severable, 16. Borrower-'s Copy. Borrower shall be furnished .\ conformed copy (If the Note and of this Deed of Trust at the time of execution or after recordation hereof. 17, Transfer of the Property; Assumption.. If all ,Ir any part of th~ Property or an interest therein is sold or transferred by Borrower without Lender's prior wrilten consent. excluding f;l) the creation of a lien or encumbrance subordinate to lhis Deed of Trust, (b) the creation of a purchase mone\' security interest for household appliances. (c) a transfer by devise, descent or by operation of law upon the death of a joint tenant or {d) [he 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 Trust 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 soid or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest payable on the sums sL"'Cured hy Ihis Deed of Trust shall be at such rate as Lender shall request. If I_coder has waived the option to accelerate provided in this paragraph 17, and if Borrowers successor in interest has executed a written assumption agreement accepted in writing hy Lender. Lender shall release Borrower from all obligations under this Deed of Trusl and the Note. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph J 4 hereof. Such notice shall provide a period of not k-~ than _~O days from the date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period. Lender may. without further notice or demand on Borrower, Invoke any remedies permitted hy paragraph 18 hereof. NON~UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 18, Acccleration; Remedies. .:xcept as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or axreement of Borrower in this Deed of 1'11151, including the connants to pay when due any sums secured by this Deed of Trust, Lender prior to .cceleralion shall m.i1 notice to Borrower as pro,'ided in paragraph 14 hereof specifying: (1) the breach, (2) the action required to cure sncb b....cb, (3) a date, not I.,.,. Ih.n 3tl d.ys from the date tbe notice Is mailed 10 Borrower, by wbkh such breach must be cured, and (4) that fallu... 10 cure such b...ach on or before the dale speciOed in the notice may result in acceleration of Ihe sums secured by tbis Deed of Trust and sale of the Property, The notice shall further inform Borrower of the right 10 ...instate .fter acceleration and the right 10 bring a court action to assert the oon.existence of a default or any other defense of Borro,,"'er to acceleration and sale. If the breach is not cured on or before the date specllled In the notice, l.ender at l.ender's option may dedare all of Ihe sums secured b)' Ihls Deed of Trust to be immediately due and payable ...;thout further demand and may invoke the power of sale and any other remedies pennitted by appllc.b1e law. Lender shall be entitled to collect all ,easonable costs and expenses incurred in pursuing Ihe remedies provided in this paragraph 18, including, but not limited to, reasonable anomey's 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 shall mall copies of such notice In Ibe m.nner prescribed by applicable I.w to Borrower and to tb. other persons prescribed by applicable law, After the lapse of such lime as may be required by .pplicable law, Trustee shall give public BOIke of sale to the persons and in Ibe m.nner prescribed by applicable law, Trustee. wilhout dem.nd on Bom>_r. shall sell the Property .t public auction to the highest bidder at tbe time and place and under Ihe lerms designaled ill the BOIke of sale In one or more parcels and in sucb order lIS Trustee may delenome, Tmstee may postpone sale of all or any parcel of the Property by public announcement at the time .nd place of any previouslv scheduled sale, l.ender or Lender's desipee.1D8)' purchase the Property .t any sale. . Upon _eipt of pay_nt of the price bid, Trustee shall deliver to the purcb_r Trustee's deed conveyiug the Property ...... T1le.....itaIs In the Trustee's deed shall be prima facie evidence of the truth of the statements made tbereln, Trustee ......1lfIIIIy the proceeds of tbe sale In the follow.... order: (a) to all reasonable costs and expenses of the sale, including, bul ....Ulnoltetl to, Trustee'll fees of nut more thall 1/2 of 1% of Ibe gr.... sale price, reasonable .ttomey's fees .nd cosls of :::.... e'I'kIeIlee; (It) to all_ Reured by tkIs Deed of TnlStt and lc) the excess, if aoy, to the pe.....n or perso". legally entitled 19. ~H's- -lIltt to Re:iastate:. Notwilhstanding Lender's acceleration of the sums wcured by (hi.. Deed of Trusl. Borrower shall bave the rillht to haw any proceedings bellun by Lcnder to enforce this Deed "f Tr".1 di...,onllOued al any lime prior to lhe carl..., to Occur of (i) the fifth day before tn.: ..I. of tbe Propeny pursu''"tlo Ihe p<,wer of sale c"nrained 1ft tltis Deed of Tl'U$t or (ii) entry of a judllment cnforcing thi. Deed of Truot it (a) Borrower pays Lender.1l sums which wOlll,i bf, tht:" due ..mdcr- l.huJ; lJeed of Trusl, the Note and notes set'urlng Future Advan"~. If any. had nn .h:~e1eratlOn occurrrd: (,b) Borrower CU,tO aU breaches. of any other covManh or agreements ()( Borrower contained in this. Deed of Tru~l: tC) 8onowcl pa)'5 an fCiiL'WMbk C~penfeS incurre-d by lender and Tnutec in enforcing the co\,("tl.anls and i_greemcnh- ,-"f ~~ -c~1IiDeU in .hi~ ~ of T,u~t and in cnfnrcing Ltndc(~ and Trustee'l\- renledj(~s, as pn1:\'ided in pan' graph IX heteof, uv:ludtflJ. hut no{ hmwld to, ~e-.wn.b1e attorney's fe-ei: and (d) Borrower hikes. such acth.'m ;11;. Lender muy n:-a,,,o:lhh reqtUfe to il"ur~ lhat. (he hen of thu .Deed ni Ttu1tt. Lcnder't. tnteTe-~t to rhe ProperlY and Bnrn'lwt."r's pbhgatje..'\H fI) p~tV