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83-002708 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other takiog of the Property, or parl 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 Properly, the proceeds shall be applied to the sums secured by this Deed of Trust, with the excess. if any. paid to Borrower. in the evem of a partiai taking of the Propeftj, unless BOiiOwcr 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 proporlion which the amount of the sums secured by this Deed of Trust immediately prior to the date of takiog bears to the fair market ,'alue 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 condemoor 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 ProperlY 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 shaH 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. JO. Borrower Nor 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. t 1. Forbearance 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 accelerale lhe maturity of Ihe indebledness secured by this Deed of Trust. 12. Remecms 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 Uability; 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 tr..e 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 hy 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 nOlice 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. Uniform Deed of Trusl~ Governing Law; SeverabUity. This. form of deed of trust combines uniform covenants for national use and non~uniform covenants with limited variations by jurisdiction 1O constitute a uniform security instrument covering real properlY. This Deed of Trust shall"" governed hy the Jaw of the junsdiction 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 conffict shall nul affect. other provisjo~_of this Deed of '~rust or the Note which can he given effect without the conflicting provision, and to thiS end_J.he: proVISIQDS ot the Deed of Trust and the Note arc declared to ~ severable, 16. BOITOwer.s Copy. Borrower shall be furnished iJ \:ontormed I..:opy (\f the Note and of this Deed or Trust at the time of execulion or after. recordation hereof. 17. Traosfer of the Property; Assumption. If all or any pan of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written ~on::.ent. excluding (a) Ihe creation of a lien or encumbrance subordinate to lhis Deed of Trust, (b) the creation of a purchase money seclIrity lllter~[ for household appliances, (c) a transfer by devise, descent or by operation of law upon the death or a JOInI tenanl or (d) the gram of any leasehold interest of three years or less not containing an option to purchase, Lender may, at l ender's option. declare all the sums ~ecured by this Deed of Trust to be immediately due and payable. Lender shall have waived such optl\lll 10 3\:celemtc if. prior to the sale or transfer, Lender and the person to whom the Property is to be sold or tral1:iofcrrcd reach agreement 10 writing that the credit of such person is satisfactory to Lender and that the interest p~iyabJe on lhe ....urn!lo <,cl:uced hy this Deed of Trust shall be at such rate as lender shall reqU<:SL If Lender ha~ waived the oplion to accelerate pnH.'lded ill this paragraph 17. llnd if Borrower's successor m interest has execUled a written assumption agreemcm accepted in writlng hy l.ender, Lender shall release Borrower from all obligations under this Deed of Trust and the Note If Lender exercises such oplion to at.:cd~rah~', Lender \hall mail lhHwwer notice t~f acceleration in accordan.:c with paragraph 14 hereof. Such notice shall provuJe a ~ril'lJ ;.)1 nIl! It:~;) {hall 30 days from the date the notice is mailed within which Borrower may pay the sums dedared du~, If Borrower f.1l15. 1\) pay sut,:h sums prior to (he expiration of such period, lender may, without further notice Dr demand on Borrower, Invoke any remedies permitted hy paragraph 18 hereof. NON-UNUORM COVENANTS. BOrf(.\wcr and I..(~nder further 1.:\.lVcnant and agree as follow:.: 18. An'tltration; Remedies. E.xcept 2b provided in par~raph 17 hereof, upon Borrower's bre-acb of any covenant or agre*ment of Borrower in this Deed of Trust, including the l'o\:enaflts 10 paJ when due any sums secured by this Deed of Trust, Lender prior to acceleration shall mail notke 10 Bo-rrO\"er as prolided in paragraph 14 hereof specifying: (1) the- bre...,h: (2) the ...,Iioo ....quired to l'u.... su<'h breal'h; t3) a date, nul less than 30 days from Ihe date the notice is mailed to Borro..er, by ..hkh such bre...,h must be l'ured; Bltd (4) lhat failur. 10 "ure such breach Itlt or befltre Ihe date specified in the notice mal' rt"--suh in .,,'('eleration of the sums se,,'ured b.y this Deed of Trust and sale of the Proper1)'. The notice shall further inform Borrower of the right to reinstate after H4.,"celerafion and the right to bring a court action to assert the non.existtlKt: of a ddault or an)" other dertn~ of Borro~u:r to an:eleraUou and sale. If the breach is not cured on or before the date specified in the notice, tender at Lender's opfion ma) declare aU of the sums secured b)' this l>eed of Trust to be- inunediattly due and payable without further demand and ma)' inl'oke the power of sale and anJ other remedies permUted by applicable law, Lender shall be .nlitled to collect all reasonable costs and expenses incurred in pursuioR Ih. remedies pnnided in Um, paragraph t 8, indudina. but not limited 10. reasonable attorney's fees~ H the power of sale is io,,'oked. Trustee l\.haU r<<'ord a notict" of defauU in each county in which the Property or some part Ihereof is louted and shall mail copi.. of su,'h Itolice in Ihe manner prescribed by applicable la.. 10 Borrower and 10 Ihe other p"rsons prescribed by applicable law. Afler tb. lapse of such time a, may be required by applicable law, Trustee shall give publit notice- of sale to the persons and in the manner prescribed b}' applicable law. Trustee, without demand on Bo-rrowel, shaD sell the Property at public auction to the highest biddtr at the time and pJan' and under the terms designated in ttw: notice of salt in one 01' nlOn panels and in su('h order a~ Trus'ee may determine. Trustee may postpone sale of all or any pan:~l of the Propel1y by public announcement at the Ijme and place of anJ p.rc,,'iously scbeduled sale. l.ender or uDder's o:Iesigueemay porcbase the ProperlY at any sale, Upon rece.,plof paym.ltl of lhe price bid. Trust.e shall deliv.r to lhe purl'haser Truslee.s de.d ,'onve)'inR Ihe Prop.rty sokL 1:'M recitals ill the Trustees deed. shall be prima facie l'ndence of the truth of the statements made the-ct.-in. Trustee shallapply II.., procoeds of lhe sale in the fol"'..ln2 order: (a) to all reasoltabl. ,-osts and ..penses of the sal., including, bul IWt limitt'd to, Trust-e-e's fees of not more tban ~ _1_.... 0. __ _ % of the 2ro55 sale price~ rcawnable aUorney'~ fee.s and f:OstS. of 1m. eVlde""e; (It) to aU sum., secured b)' this need of Tn..t: alld (cjlhe ..co,,'5, If allY, tu the person or persons legally entitlcd thento, 19._Borr-ower'JRigb( to ~ins.atf:. NtHwilhslanding Lender'" accc}eration 01 the ...ums '!,~curC"d hy lhis- Deed of TfWd, 80rr~wCf s~aU ha,,'c the~ right h,1 have any proc-cedings begun by Lender 1ft enforce thls Det;J of Trwa dlS(lllltlllllcd al any tune pnof to the- cather to ()Ct'HT ~}f (1,) the: fifth day before- Ihe \ale of Ihe Property pur:\-u,;lOtlO the puwcr of ~alc C(lnlallh~cl inthi$ Dt~NJ of Tru.st \J-{ (i'i) ent.ry oJ a,iIJdgment en(ofl:,,-ing this Deed \.)f Trust if: fa) Bono'''\'cr pay-~ Lender all sum;,. Whh.:h \h)UjJ he--1hen dU'C undC\f tbIS Deed of Tnt$!. the Not~ and fwfC5- sc,ltfing Future AJvdnl,.:~;... ~f ,any. Ihld n..~ ~lc(:ekri.lllOn l"\Ccurreo {b}, BOfH.-I~r CitfCi aU hfc-ache-~ df any other l.\}venants 0-( agreemcnts of HornJ\\-ef u)nt~'tincd in lhl:>" IkeJ tlf lru<jl. (el J:lvrrower "iY~ aU fca:ioonahk e\l)(:-n.\t.:~ jnt,~u~red b)' I,_t"fldc-r and Trujlec in enforung t~lt" n~.,,\...ni-int~ ~Inu ag,.ccmcnh or tknrt:.rwcr cootained in t-tu-~ ~d (.If Trust :md In cnfon:mg l.ender\ ,wd Tru~Ie~\. rl."m~dw<lJ :1'\ prnvldcu H\ paragraph IS he-r(:g--t -i.ncJud;n.c-. oot n.ot h1U~t(d,ro. .H::a-~(}flabk_ ",!Hm!1cy",... fee'), and (J} I:kHly,wcr tak!,'.;, ~ta.:h iH.:tIOO ..I:) Lcndc-f 11.''''\' rf'-,J.:<>ti!lilhi\ n~quHt tf.-1 a_~t.-utc tb-iJ the hen -vI thni. Oe-e:d of frmL Lender'!\, intt~fCs.l in the Propen,\ ,mJ fJ;Pff\lV,cf\ ~lbll~.;t!pn to p<l~