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9. Condemnation. "fhe proceed, of any award or claim for damages, direct or consequential, in rnnnection with any condemnation or other taking of the Pro{x:rty, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall he paid to Lender. In the event of a total taking of the Property, the proceeds shalt beapplied- to the sums secured by this Deed of Trust:: with the excess, if any, paid [o 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 tlieprocads• as is equal to that proportion which the amount of the sums secured by this Deed of Trust immediately priorto-the date-oL~:- - taking bears to the fair market value of the Property immediately prior to the dale of taking; with the batance of he proceeds paid [o Borrower. -- If the Property is abandoned by Borrower, or if, after notice by Lender to Borrowecthatthe condemnor.o(krs to make an award or settle a claim for damages, Borrower fails to respond Co Lender within 30 days-after the date-such notice is- - mailed, Lender is authorized to collect and apply [he proceeds, at Lender's option, either to restoration or~ fepair of theme -- 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 -nor~extend - or postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or changt-fhramount-of~ such installments. . 10. Borrower Not Released. Extension of the time for payment or modification of amortizatimroFthe-..sums--secured by this Deed of Trust granted by Lender ro any successor in interest of Borrower shall no[ operate to release,--inany-[Wanner, - the liability of the original Borrower and Borrower's successors in interest. Lender shall not berequired-ta:'cammence proceedings against such successor or refuse to extend time for payment or otherwise modify amortizalion.~ofthrsums- -- secured by this Deed o(Trust by reason of any demand made by the original Borrower and Borrower's successors i^interest.- - I1. Forbearance by Lender No[ a Waives Any forbearance by Lender in exercising any righhor remedyhereunder~or - - otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such righR 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. - - I2. Remedies Cnmulatire. All remedies provided in this Deed of Trust are distinct and cumulative to-any-other_righl or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently; indepeWdently%or successively. - - /3. 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 bejoin[-and. several: The captions and headings of the paragraphs e( this Dced of Trust are for convenience only and are not to be used `ta interpret or define the provisions hereof'. 14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any.nolice.to Borrower provided for in this Deed o[ l'rust shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or a[ such other address us Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given h}^ certified mail, return receipt requested, to Lender's address stated herein or to such other address as Lender may designate by notice m (Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given m Borrower or Lender when given in the manner designated herein. 15. Uniform Deed of TntsG 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 he 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 'Crust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Decd nF Trust or the Note which can he given elTect without the conflicting provision. and to this end the provisions of the Deed of Trust anJ the Note arc 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. Transfer of the Property; Assumption. ]f all or any part of the Property or an interest therein is sold or trans€erred by Borcower without Lender's prior written consent, excluding ta) the creation 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 ¢y,devise, descent or by operation of law upon the death of a join tenant or - Lender may, at Lender option, declare all the sums secured by this Deed of Trtiscto-be . immediately due and payable. [sender 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 nn the sums secured by this Deed of "Crust shall he at such -rate as Lender shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Rormwer's successor in interest has executed a written assumption agreentem accepted in writing by Lender, Lender shall release Borrower from all obligations under this Deed of Trust and the Note. - -------- ~----- ...,-. - lf Lender exercises such option to accelerate, Lender shall mail Borrower notice,of=aeeelera[ien'iW`aceoYdanee witjt paragraph 14 hereof. Such notice shall provide a period of not less than l0 days frorm.the date'theFnotice:is,.;maileil withiW which Borrower may pay the sums declared due. If Borrower fails to pa} such sums prior-to fhe_expiration of such period, Lender may, without further notice or demand on Borrower, imttke an} remedies permitted~by-paragraph 18-hereof. - Nort-UNteoaxt Covetvntvas. Borrower and Lender lurther covenant and agree as follows: lg. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Tntst, including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration shall mail notice to Borrower as provided in paragraph I4 hereof specifying: (1) the M~each; (2) the action required to cure such breach; (J) a date, not Ins than JO days from the date the notice is mailed to 6orroweq by which such breach must be cured; and (4) that failure to core such breach on ar before the date speci0ed in the not)cr may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to reinstate offer acceleration and the right to bring a court action to assed the non-existence of a default or any other defense of Borrower [n acceleration and sale. If the breach is not cured on or before the dale specified in the notice, Lender of Lender's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may im~oke the power of sale and any other remedies permi/led by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in This paragraph 18, including, Dut not limited to, reasonable auorney's fees. If the power of sale is invoked, Trustee shall record a notice of default in rrch county in which the Property or some part thereof is located and shall mail copies of such notice in fhe manner prescribed by applicable law to Borrower and to fhe other persons prescribed by applicable law. After [be [apse of such time as may tee required by applicable law, Trusfee shall give public notfce of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notke of sate in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of dl or any parcel of the Properly by public announcement at the time and place of any previously scheduled sale. Lender or Lender's desisnee,may purchase the Property at any sale. Upop receipt of payment of fhe price bid, Trustee shall deliver to fhe purchaser Trustee's decd conveying the Properly sold. The recUals in the Trustee's deed shall be prima lade evidence of the truth of the statements made therein. Trustee eYW apply tYe proceeds of fhe sak in the folbwi~ty order: (a) to all reasonable costs and expenses of the sale, indudir[g; but wol Nmitcd lo, Trustee's tees of not more than ~./ 1 of 1 S'o of the gross sale price, reasonable auorney's fees and costs of tifJe eyHenca{b) to aB sums securted by this Deed of Trust; and (e) the excess, if any, to fhe. person or persons legally rnlftkd tberelo. 19, Borrowers Right to Reiustiak. Nniwithstanding Lender's acceleration of the stuns secured by thts Dced of Tnts1. Borrower shalt have the right to have any proceedings begun by 1_ender to cn(orce this Deed of Trrst discontimted at any time prior io the career to occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained in this Decd of TrusF or Qi) entry of a judgmem enforcing this Deed of Trust iC (al Borrower pays Lender all sums which would he then dtm tinder this Decd of Trost, the Nmr and notes securing i'wure Advances. tf any, hail no acceleration Incurred: (b} Burrower sacra all beaches nt any other covenants or agree-menu of Borrower rontnined m thts Dced of 'trust: tc) Borrower pays ati reasonable expenses incurred tzy Lender and 7r-uvt -a in enforemg th ovenant. and agreements of Borrttwcr ctntained in tb~s Dced of loos[ sad in enforcing Lender's ~ u f TnrWt- c < rcmcdir -. pr;av,dcd ro paragraph 13 hertot. irtcludiag. bu; rent htnrte~d to. +'easonattla nascency', fecti: and tdt Oorruwar takes ,uth ncuon a, Leader mar reasonal?Iv regt~n; R~ assure #hat the hen cif the Dced of Truaa. Lrndrr-s interv_at rn the Pro}xrt}- and tiorroc.rr', c.hlig:nion to pay