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r f'J-~t) /'111 9. COIIdemnatlou. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of tbe Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Under, In the event ofa 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 this Deed of Trust immediately prior to the date of taking bears to the fair market value of the 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 olIers 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 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, 10. BotTO..er 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, ll.' Fome8llloce 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 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. Suct'essOrs and Assigns Bound; Joint and Several Liability: Captions. The covenants and agreements herem 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 hereof. All covenants and agreemems 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 bc used to ioterpret 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 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. Unlfonn Deed of Trust; Governing Law; Se.erabUlly. This form of deed of trllst combines uniform covenants for national use and non-unifonn covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, This Deed of Trust shall he govcrned by the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Oeed of Trust or the Note conflicts with applicable law, such conflict shall not affect OtherJ;rovisions of this Deed of Trust or the Note which can be given elfect wilhout the conflicting provision, and to this end e provisions of the Deed of 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' recordationbcreof, 17. Tnmsfer of the Property; A.......ptioQo If all or any part of the Property or an interest therein is sold or transferred hy Borrower without Lender's prior written-_ consent, excluding (a) the crealion of a lien 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 tenant or (d) the gram of any leasehold interest of three years or less not containing ao option to purchase, Lender may, at lender's option, declarc all the sums secured by this Deed of Trust to be immediately due and payable, Lender shan have waived such option to accelerate if, prior to the sale or transfer, Lender and tbe person to whom the Property is (0 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 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 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, i.eoder 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 Borrower fails to P.1Y 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 lender further covenant and agree as follows: 18. Acceleration; Remedies. Except as provided in plU1lIrapb 17 hereof, upon BotTOwer's breacb of any l'ovenanl or "Ireement of Borrower in this Deed of TrusI, includiaa the l'Ovenants 10 pay when due any sums secured by tbis Deed of TrusI, Lender prior to aceeleratlon shall mail notice 10 Bono..er as provided in pa...raph 14 hereof speeifyiaa: (1) the breach; (21 the action required to cure such breach; (31 a date, not less tllan 30 days from the date Ibe notice is mailed 10 Bonower, by wbleh sueb breach must be eured; aDd (41 thai falltJn, 10 cure such breacb on or before Ihe dale specified in the notke may result in acceleration of the sums secured by tbis Deed of Trust and sale of tbe Property. The notlee shaII further inform Bonower of the ri&bl to reinstale after acceleraliou and the ri&bl to briaa a court action 10 assert the lIOIl-eXistence of a default or ....y other defense of Borrower 10 acceleration and sale. If the breach is nol cured on or before the date specified In the notice, Lender al Lender's option may declare all of the sums secured by this Deed of TrusI to be Immediately dne and payabIe withoul further demand and may invoke the power of sale and any other remedies permitted by applicable ..... Lender shaII be entitled 10 collect all .....nable costs and expenses incurred in pursulaa tbe remedies provided In tbis .......... 18, indudiaa, but not limited to, .....nabIe anorney's f.... If the po..er of sale is Invoked, TrusIee shaII record a notice of default in eacb counly in which the Property or some part thereof is located u4 shaII mail copies of such notice in the ....nner prescribed by applicable law 10 Borrower and to Ibe other perooIIS prescribed by appIleable law. After the lapse of sucb lime as may be required byappll<able law, TrusIee sball give plIblk. notice of sale 10 the persons and In the manner prescribed by applicable law. Trustee, without demand on Borrower, sloaIl setI~ f'n>peny at publk: auctloa 10 lhe hia- bidder allhe time and place and under the terms deslj(naled In IltuMltice of _ In ODe or more pan:eI!i and In sucb order as TrusIee may delenniDe. Trustee may' postpone sale of all or..., paruI of tlle PropeItJ by public __ at the lime and place of any previously scheduled sale. Lender or Le........ ~ IRII.J .....u- the Pmperty at ..y sale. Upoa rec:dpt ,of ~ of the price bid, TrusIee shaII deIi..r 10 the purcb_r Truslee's deed conveying the Property soId.. Thf!redIaIs In tlle T_'. deed shall be prima fade evidence of lhe trutb of Ihe statements made therein. Truslee sloaIllll'PlY tlle ~ of tlle sale in the following order: (a) to all reMOnable costs aDd expenses of Ibe ..Ie, ineludiaa, bul ........... .... 1'nostce.. '- of not _.baa . 1/2 o.f 1 % of the g....... sale prke, re_nable atlorney'. f_ and cnsts of =~ (b) 10 all_ IftllTell by tills Dfttl of T......; and (e) tbe excess, if an)', 10 the pe...... or pel1lOo., Iqally entitled 1............ .... to 1teIDstate. Notwithstandillll Lender'. acceleration of the sum. Sl",ur~'Borr_$hall "-ve the right to have any proceedings bellun by Lender to enfon.", this Deed of T,"sl disconttnued at MY hllle. prior to the elU'lier 10 Oc;:ur of (i) the fifth day before the sale of the Property punu.nt to the power of sale contained in lhitJ)eCd QfTnM w(ll) entry of a iud&ment enforcing this Deed of Trust if: (a) Borrower pays lender all SUllls which would be lhen 4.. un<k\r Ih. D!led of Trust. die Note and notes _1I,ing FUlure Advan(..... if an)" had no acceleration occurred: Ib) Borrower _ ..II llrva<:bel of any other ..O.......nts or agreements of llorrower contained in this Deed of Trust: (e) ~ ~ all n!8IODlObIe expentei incurred by Lender and Trostee in .nforcmll the covenants and agreemeots of ~ coolained in lh. D!led of Trusl and in enforcing l.<tnder'. and Trustee', remedies as provided lD paragraph I ~ hereol, indudillg, but not limited to. ~ allorney', f_: and (dJ Borrower t.k.. such action .. Lender may r..,.,,,.I>I) ""t- Iu _re thai lbe j",n of tlm Deed of Tl'1><t. Lender', inte'''''t in the Propet1y and llom>wer', "blig.ti"" h' fl'"