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I 83- u01627 9. Condemn.don. The proceeds ot any award or claim for damages. direct or consequential. in connection witt:' any condemnation or other taking of the Property, or pan 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 he applied to the sums secured hy 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. Of 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 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. Borrower Not Released. Ex.tension 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 hy the original Borrower and Borrower's successors in interest. 11. Forbearance by Lender Not a \Vaiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not he a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance ar 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 indehtedness secured hy this Deed of Trusl. , 12. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other Tight or remedy under this Deed of Trust or afforded by law or equity. and may he 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 hereof. 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. 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 ta Lender as provided herein, and (b) any notice to Lender shall be given hy certified mail. return receipt requested. to Lender's address stated herein or to such other address as Lender may designate by notice 10 Borrower as provided herein, Any notice provided for in this Deed of Trust shall be deemed to have been given 10 Borrower or Lender when given in the manner designated herein, IS. Uniform Deed of Trust; Governin~ taw; 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 he governed by the law of the jurisdiction in which the Property is located, In the event that any provision or clause of Ihis 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 etfect without the conflicting provision. and to this end the provisions of the Deed ot Trust and the Note are declared to he 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. 17. Tmnsfer of the Property; Assumption. If all <-lr any part of the Property or an interest therein is sold or transferred hy Borrower without Lender's prior written consent. excluding (a) the crea[ion 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 hy operation of law upon the death of 3 Joint tenant or (d) the gram of any leasehold interest of three years or less not containing an option to purchase. 1.ender may, at Lcnder\ option. declare all the sums secured by this Deed of Trus~ to be !mmediately 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 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 hy 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 hy lender. Lender shaH release Borrower from ,III 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 he-reof. Such notice shall provide a period of not less than 3D days from the date the notice is mailed within which Borrower may pay the sums declared due, If Borrower fads to pay s.uch slims prior to the expiration of such period, lender may. without further notice or demand on Borrower. Invoke an\' remedies permiucd hy paragraph 18 hereof. NON~UNIFORM COVENANTS_ Horrower ami Lender further covenant and agree as follows: 18. Acceleration; Remedies. I-:xcept as provided in paraJtf1lph 17 hert:'of, upon Borrower's breach of any covenant or agreement of Borrower in this need of Trust. includin~ the t.'o\'enallts 10 pa.)' when due any sums secured by this Deed of Trust, Lender prior to acceleralion shall mail notice to Borro"er as prolided in paragraph 14 hereof specifying: (I) the breach; (2) Ihe aclion required In cure such breach; (3) a date, nol less than 30 days from Ihe dale Ihe notice is mailed to Borrower, by which such breach mWt1 be fured; and (4) Ihat failure to fure such breach on or before the date specified in the notice may result in acceleration of the sums secured b~' this Heed of Trusl and sale of the Property. The notice shall further inform Borro\\o'er of the riJ:ht to reinstate after acceleration and the ri2ht to brin~ a court action to assert the non~existence of 8 default or an)' other defense of Borro\\o'er to acceleration and sale. If the breach is not cured on or before the date specified in the nolice. Lender at Lender's option ma)' dt..'"Clare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and nta}' in\'oke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect aU reasonable cosfs and expenses inl.'urred in pursuing the remedies provided in this paragraph 18, including, but not limited to. reasonable attorney's fees. If tbe power of sale is in't'oked. Trustee shall re\'ord a notice of default in each count}' in which the Property or some part thereof is located and shall mail copies of such notice in the manner prescribed by applicable law 10 Borrower and to the olber pel'SOn. prescribed by applicable law, After Ihe lapse of sucb lime as may be requi,ed by applicable law, Truslee shall ~ive public nolice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Propert}' at public audion to the hi2hest bidder at the time and place and under the terms desi~nated in the no-tice of sale: in one or more parcels and in such order as Trustee ma,)" determine. Trustee may postpone sale of all or any parcel of' the Property by public announcement at the time and place of any pre,'iously scheduled sale. Lender or I..,nder's designee may purch_ Ihe Property at any sale, Upon receipt of payment of the price bid. Trustee shall delh'er to the purchaser Trustee's d<<d conveyinR the Propert) sold. The recitals in tbe Trustee's deed shall be prima fae-ie e\-idence of the truth of the statements made therein. Tnlstee shall apply Ihe pruceeds of Ihe sale in Ihe followin~ o,der: (a) to all reasonable costs and expenses of the sale, includin~, bul not limited to~ Trustee's fees of not more than 1/1 of 1 % of the- ~ross sale price. rca."'ionuble atlorney's fees and costs or title evideJK::e; (b) to all sums secured by this lleed 0 Tn-1St; and te) the excess~ if an)', to the person or persolL'! IcJtully entitled lhereto. 19. Borrowe-r's Right to Reinsta.~. NOI\\'lthstandlOg Lcndcr''i an:eleratlon of the- ~lJtl1" ~ccurcd hy thl" Deed df Trn...!. Borrower shalt ha.ve the- dght to have any procectJings. bc-gun hy Lender to cnfon.'c this ~~d l)f Tru~t dlSl.:tlHtlllHCO at any t.llne prll.)f, tu the eart,l-\~-r to ()ceur _of (I) the fifth day hefon: the ~alc of the Property purSlldl1t ill the power \)( sale ,-.ontall1eu IlllhlS Dee\! oJ Trust 01" (II) entry of a Judgment enforcmg thb\ Deed of Trast II: (a) Borrowl,.~r puy.. LcnJcr all sun" Whll'h would he, then due under thlfi Deed of TfH~t. the Note .Hld n(")le~ \t~,uflng Future Adv.\nl.,":e'i_ If any, h>:td no) ~h:i:elt"r<llhHl l)(.~t.::urn:I..L tb. 8o-rro~'e( cure, all breaches 01 any \,)ther ~(Wcnants or ;1~'CCI1lCnt!\ of BOrh)\.\-er ~'ontaincd III lhl" Deed \If Tru\t, i-Cl Borrower P8)'!!r. al! tCOl.\olHthk c\penlic'" incurred OV l.ender and Trustee lfi cnfOft'lIlg Ihe CL\\-'\,'lldnt_\ aoJ agn:cm~llh \11 Borrower cnnlalflcd In thlli I)CCJ tl1 Trust and lU t.'nf'oft.::ll1g l.ender\ <-Iud' flI'-1cc\ remeu,,', .l'i Pi'I)\'jt..k-d In palllgfllph 1 X hc-reo!. mdudmg. but nut hmlted to. rca.<i.onabl-e ~H(Orne\'-\ fl:t'" ;InU hi! HOrrO\H,'r l..lk\'~ \\h,:h adH'1l ~t', l.t'''tkr llIi\l, 1t.':ht)ILlbh le\.&wte hI aTi'-l1ri! that the hen of Hm. Deed pf fru..t. I cnde-r'\ tillefC'-' III lht~ Ph\pt'rn,- MHI }i,'IT,l\\\:r., l}htJ~atll'li II' f\.I\