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I 83- 001393 ~I 9" Condemnation. The proceeds of any award or claim for damages. dire~t ~r consequential, ~n connection wit~ any condemnation or other taking of the Property, or part thereof, or for conveyance In heu 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 the event of a partial taking of 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 of the proceeds as is equal to that proportion which the amount of the sums secured by Ihis Deed of Trust immediately prior to the date of taking bears to the fair market value of the Property immediately prior to tbe 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, BOHower 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 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 of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of such installments. to. Borrowrr 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 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 Lender Not a Waiver. Any forbearance by Lender in exercising any right or reme~y 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 indebtedne". secured by this Deed of Trust. 12. Remedies 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 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 shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 he,eof. 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. Nod<<. 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 hy 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 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 Lender when given in the manner designated herein, 15. Unifonn Deed of Trust; Governing law; Severability. This form of deed of trust 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 shall be governed by the law of the )nrisdiction 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 elfect without the conflicting provision, and to lhis end the provisions of the Deed of Trust and the Note arc declared to be severable, 16, Borrower's Copy, Borrower shaH be furlllsbed a conformed copy of tbe Note and of this Deed of Trust at the time of execution or after recordation hereof. 17. 'fnmofer of the PropeJty; Assnmplion. If all or any part of the Property or an interesttberein is sold or transferred by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the creation of a pnrchase money 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) the grant of any leasehold interest of tbree years or less not eontaining an opti"n to porchase, Lender may, at Lender's option, declare all the sums secured hy this Deed of Trust to be immediately due and payable. Lender shall have waived such option 10 accelerate if, prior to the sale or transfer, Lender and the person to whomJhe 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 this Deed of Trust shall be at such rate as Lender shall requcst. If Lender has waived the option to accelerate provided in this paragraph 17, and jf Borrower's successor in interest has executed a written assumption agreement accepted in writing by lender, Lender shall release Borrower from all obligations under this Deed of Trust and the Note, If 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 of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due. If Borro,,"'er 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, Ac<<lcralioa; Remedies. Except lIS provided in pal1tlll1lph 17 he_r, upon Borrowers breach of any coyeuaol or "llreetOleal of BorroWCl' in this Deed of Trust, includi"l Ihe coyenanls 10 pay when due any sums secured by this Deed of Trust, LcncIer prior 10 accelel1llion shall mail notice to Borrower as provided in puagnph 14 hereof specifying: (1) Ihe breach; (Z) lhe aclion required 10 core sucb breach; (3) a date, nOl less than 30 days from the dale the noliee Is mailed to Borrower, by which such breach must be cured; and (41 thai faDore to cu", such breach on or befo", Ihe dale specified in Ihe nolice may resllll In acceleration of the sums secured by Ibis Occd of Trust and sale or Ihe Property. The noliee sbaII further Inform Borrower of Ihe naht 10 ",instate arler accelel1llion and Ihe naht 10 bring a conrt action to assert lhe noo-exlslence of a defanlt or any othe, defense or Borrower to accelel1llion and sale, If the breach is nol enred on or before lbe date specified io the notice, Lender at Lender's oplion may dcc""" all of the su.... secured by this Deed of Trusllo be immediately due and payable witbout fnrlher demand and may invoke the power of sale and any other ",medies permillcd by applicable law. LcncIer sbaII be enutled 10 coll<",medies provided in Ihis J>lII1ICI1IPh 18, IncllIdI.., bot not limited to, ......nabIc allomey's fees. If lbe power of sale is invoked, Trustee sbaII record a nolice or default in each counly in whkh lhe Properly or some pan lhenof is Iocaled...d sbaII mail copies of such nolice in tbe manner prescoribed by applicable law 10 Borrower and to the other pcrsotIli p.-:ribed by applicable law. After Ihe lapse or such lime as may be required by appIkable law, Trustcc sbaII Xiye pullllc notice of sale 10 the pcrsotIli and in lbe manner prescribed by applicable law, Trustee, wilhout demand on Borrower, sball seD the Property at public auclion 10 the highest blddCl' al the lime and place and undCl' Ihe terms designaled In the _ice of sale in one or more Jl'lKeIs and in such order as Trustcc may <JetermiRe, Trustcc may postpoue sale of all or any puceI of the Property by pnblic annooncemenl at tbe lime and place of any p",Yiously seheduled sale, I.ender or Lender's cIesta- _y pum..e the Property al any sale. U..... receipt of pay_ of tbe price 1114, TrusIcc sball deIIyer to the purchaser Trustcc's deed connyi"l the Properly sold. The redt'" I. tbe Tnastcc's deed sbaII be prima fade evidcau of the lruth of the statements made the",ln, Trustcc .... apply Ibe proceeds of IIoe sale In tbe followlna order: (al 10 alIl'C8SOnaliIc costs and expenses of the sale, including, but _liDlitcd to, Trwtee's fees of _ _ tban ,05 % or the I""'" sale price, reasonable altorney's ftes and <osls of tide e~; (It) 10'" sums _..red by this Deed of Tnast; """ leI the excess, if any. to the penon or pelSOns leaaJ1y entitled ........ 19. ........cr's Richt 10 Rtlutnte. Notwithstanding Lender's acceleration uf tbe sums ",,--cured hv thIS Deed of Trust, Borrower shall h.... tbe right to ""ve any proceedings begun by I.ende, tu enforce this Deed of "i'rusl d.scontinued at any t.me p,ior to the earl...r to occur of (i) the /lflh day before the sale of the Propertv pursuant to the power 0/ sale comallled in this OeedofTrust or (iil entry of. judament enforcing this Deed of Truu If: (aJ Borrower pays Lender all sums which "uuld be then due under thts l>tlcd of Trust. the Note and notes securing Future Advances, If any. had no a\..'Cclcralion (lccurred~ (b) BOffo-wet <:U~ aU breaches 0'- any other covenants or agreements. 1,)( Borrower {,:ontained In thiS Deed or Trust; (c) Bonowet' P8;)I$- at! reasonable c:xpenses. ,ncu~r~d by L;ender and Trustee in c:nft,lrciog the ~ovcnants and agreements \\1 ~r ("oo~..tned In, Ih.~ l?-d of TrUll and In ~f1fo,:,=ml 1.ender's and Truslee's remedies ~s pnwiI.J-cd lfl I)ura.graph I X hereof, ltk;ludIna. but nut h<<nttcd to. teaKinable: attorne)':!t fee\, Bnd td) 6tlrn~r take.i such action ~s Lender may rChOllahlv rEqUif'e' hl auure that the hen of th" Deed of "fru,.. L('nder\. Ultert.:~t in the Pn.lperty and B0I10"",'f'\ tJhligatl\lfl h"1 P~\' < .~ t ...~ '\>....~.,..