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9. Candemaatbo. 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 shalt be applied to the sums secured by [his Deed of Trust, with the excess,. if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, [here shalt be applied to the sums secured by this Deed of Tntst 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 beats iothe fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds paid to Borrower. If !tie Property is abandoned 6y. Borrower, or if, after notice by Lender toBorrower that the condemnor offers-to make an award or settle a ciairn fordamages, Borrower [ails 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 optioer, either to restoration or repair of the Propertyor to the sums secured by this Deed of Trust. Unless [:ender and Borrower otherwise agree in writing, any such application of proceeds to principaLshalt noreXtend or postpone the due date of the monthly installments referred to in paragraphs- I and 2 hereof or change .the amount of. such installments. - - ]0. Borrower Not Released. Extension of the time for payment or modification of amortization of.the sums secured by this Jeed of Trust granted by Lender to any sue: ^~~or in interest of Borrower shall not operate to--release, in any manner, the )lability of the original Borrower and Borrower's successors in interest. Lender shall .not be required to .commence proceedings against such successor or refuse to extend time far payment or otherwise modify amortization ~f the sums secured by this Deed of Trust-by reason of any demand made by the original-Borrower and Borrower's successors iri interest: 1I. Forbearance by [xnder Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or- otherwise afforded by applicable law, shalt not be a waiver of or preclude the exercise of any such. ri~}#t--oc remedy. The procurement of insurance ar the payment of taxes or other liens or charges by Lender shat! not be a waiver of Lender's right to accelerate the maiuriry of the indebtedness secured by this Deed of Trust. - 12. Remedies Cumulative. AA remedies provided fi this Deed of Trust are distinct. and cumulative to any othecrigh[- or remedy under this Deed of Trust or afforded by law or equiry, and may be exercised- concurrently, independently or - successively. - 13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shat) inure m, the respective successors and assigns of Lender and Borrower, subject to the provisions of pazagraph 17 hereof. Ail covenants and agreements of Borrower shall be -joint -and several. The captions and headings of the paragraphs of this L}eed 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 given in another manner, (a) any-notice to Borrower provided for in this Deed of Trust shall be given by matting such notice 6y certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by natice 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 herein. Any notice provided for in this Deed of Trust sha[I be-deemed to have been given to Borrower or L ender when given in the manner designated herein. 15. Uniform Deed of Trost; Governing Law; Severability. This form of deed of rout combines 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 shag 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 this Deed of Trust or the Note which can he given effect without the conflicting provision, at:d-ta this and the provisions of the Deed of Trust and the Note are declared to br 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. 1?. Transfer of the Properly; Assumption. 1( all or any part of the Property or an interest therein is sold or transferred- by Borrower without-Lender's prior written consent, excluding (a) the creation of a Tien or encumbrance subordinate to this Deed of Trust, {b} the creation of a purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint tenam or (d) the grant of any leasehold interest of three years or less. no[ containing an option to purchase, 1-ender may, at Lender's option, declare all the sums secured by this Deed of Trust to be immediately due and payable. Lender shag 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 en the sums secured by this Deed of Trust shall he at such rate as Lender shall request. If Lander has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has executed a written assumption agrrement accepted in writing by Lender. Lender shall release Borrower from all obligations under this Decd of Trust and the Note. If Lender exercises such option to accelerate. Lender shall mail Aorrower natice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the scans declared due. tf Borrower fails to pay such sums prior ro the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph I8 hereof. No;v-UNIFORM Coverrxt+rs. Borrower and Lender further covenant and agree as follows: !8. Accekrstioa; Reme•!tes. Except as provided in paragraph l7-hereof, upon Borrowers breach of any covenant or agreement of Borrower in this Deed of Tivst, including the covenants to pay when due any sums secured by this Deed of Trust, [.coder prior to accelention shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such brearh; (31 a date, riot less than 30 days from the date the nMke is maBed to Borrower, by whkh such breach must 6e cured; and (4) that failure ro cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trusf and sale of the Property. The notice sballfurther inform Borrower of the right to reinstate after accrkration and the right to bring a court action to assert the twtr-etdstence of a default or any other defense of Borrower to accekration and sale. (F the breach is not cured tm or~6efore.thrdate specified in the notice, Leader at Leader's option may declare alt of the sums secured by this Deed of Trr~t to be imtaerNately due and payable without further demand and may invoke the power of sale and any other remedies ptrmitted by apptkabk-Irtw. Leader shelf be entitled-to collect all reasonable costs and expenses incurred is pursuia~ the remedies pmvided in this paragraph 18, including, but not limited to, rrasoaaWe attorney's fern. If the power of sak is invoked, Trustee shall record a notke of default in each county in which the Property or some part thereof is located and shall matt copies of such notice in the manner prrscribed by applicable law to Borrower and to the other pen~oos prescribed by applicable law. After thr lapse of such time as may be required by applicable Few, Trustee shall give pu61k notice of sate t0 the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, sha@ se-1 the Property-si publfe auction to the highest bidder at the time and place and under the terms designated io the.xofice of sate-in one or more pareris amt in such order as Tmstee may determine. Trustee may postpone sale of all or nay parttl of the Property by pnbtic announcement a1 the time and ptare of any previously scheduled. sale. Lender or E.ender's desisaee-may purehase the Froperty at any sak. Upon rcceipt:af prynxrit of the prier bid, Trustee shag delive- #o the purchaser Trustee's deed conveying the Property sold. The:reaihit in the TrrtRce's deed shah 6e prima foie evidence of [he Wth of the statements made therein. Trustee si+dl apply the proceeds of the sak. in file ft}liowirt~ order. (a) to nit reasonable costs and expenses of the salr, including, but natiftirited lo, Trustee's fees of not mote t4an_ _ :_Q. _ _ _ ~ of the grips sak prke, reasonable attorney's fees and costs of HUe erldeece; (b) to all seats secured fry. this Deed of Truce; aed lc) the excess, if any, to the person or persorw legally entitled thereto. 19. Borrowers Riytht to Reinstate. Notwithstanding Ixnder's acceleration of the sums secured by this Decd of 7n+st, Borrower shall have-the right-ta have any prtx-eedings begun by fender to enfarte this- Deed of Trrst discontinued at aogtitrre prior to t)rE earhrrto occur of (i) Fhe fifth day before the sale aF the Property putsuunt to the pawn of safe camained in this Deed afTrtst or (ii) entry of s judgment enforcing this Decd of Trust if: (a) Borrower pays Lender alt sums which would br than tits tinder this freed d T'eusl. the Note and notes securing Future .Advances, tt arty, had do acceleration occurred: (b) Botrawer cttrea aft breaches of any otfter covenants ar agreements u[ Burrower contained in this Dce~! of °frust: fc) BatTZ+wer pays aA ressonabie e'.pertsrs incurred b.V Lender and Tntstcr in xntorctng the cavrnaats and agrt+emrnts of Burrower-eamtatttad in fhis_t3red oP `(Yost and.ih cnfaning Lender`s and Tnrsire"s remedies as pravuted in paragraph i8 horrtf,iacWdutg, bttt oat limited to, esasunabk aiterney's fern; and.{df ftarrawer ;ekes xtrch action as l.ertdrr muv re,tsanably require to assYtrt that Ehr Ilan of thin CSerd of Trust. Lender's interest to the Property and Bumrwrr's otfAgatian to pny