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83-tJ04367 l 9. CORdemnlllion. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and sball 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 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 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 1 and 2 hereof or change the amount of such installments. 10. Borrower 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 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. Suc~rs and AssigDs Bound; lolnt 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. Nolke. 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. Uniform Deed of Trust; Governing Law; Senrablllty. 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 jurisdiction 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 conftict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared to be severahle. 16. BorroW<<'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. If all or any part of the Property or an interest therein 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 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 grant of any leasehold interest of three years or less not containing an option to purchase, Lender may. at Lender's option, declare all the sums secured by this Deed of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if. prior to tbe sale or transfer. Lender and the person to wbom 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 tbe 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, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereoL 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 pay 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 hereoL NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 18. Ac~eleratlon; Rem~1es. Ex~ept as provided In paragraph 17 hereof, upon Borrower's breach of any ~ovenant or agreement of Borrower in this Deed of Trust, including the ~ovenanls to pay when due any sums se~ured by this Deed of Trust, Lender prior to acceleration shall mail notice to Borrower as prm'lded in paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice Is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified In the notke may result In acceleration of the sums secur~ by this Deed of Trust and sate of the Property. The nolice shaD further inform Borrower of the right to reinstate after acceleration and the riltht to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sate. If the breach is not l'IIred on or before the date spKifi~ in the notice, Lender at Lender's option may declare all of the sums secured hy this Deed of Trust to he Immediately due and payable wilhout further demand and may imoke the power of sale and any other remedies permiU~ 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, hut not limited to, reasonable aUomey's fees. If the power of sate Is invoked, Trustee shaD record a notice of default In each county in which the Property or s"fIle part thereof Is locat~ and shaD maIl copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the lapse of such time as may be required by applicable law. Trustee shall give publk notice of sale to the persons and in the manner prescribed by applicable law. Trustee, wilbout demand on Borrower, shall seD the Property at publk auction to the bighest bidder al the time and place and under tbe terms desillnated in the notice of sale In one or more par~els and in such order as Trustee may determine. Trnstee may postpone sale of all or any parcel of the Property by public announcement at the time and place nf any pre>'iously scheduled sale. Lender or Lender's desi&nee lIlay purcilaie the Properly at any sale, Upon receipt of payment of the price bid, Trustee shall deUver 10 the purchaser Trustee's deed <<",,'eying the Pruperty sold. The recitals in the Trustee's deed shaD be prima facie evidence of the truth uf the statements made therein. Trustee shall apply the proceeds of the sale in the following order: ta) to aU reasonable t'OSts and expenses of the sale, including, but nolllmlted to, Trustee's fees of not more than \0\ of 1% of the gross sale prke, reasonable attorney"s fees and t'Osts of title evident"" (b) to aD_secured by this ~ofTrust; and tc) the excess, if any , to the person ur persons legally entitled thereto. 19. Borrower's RJabtto Reinslat~. Notwithstanding Lender's acceleration of thc sums secured oy IhlS Deed llf Trust. Borrower shall have the right to have any proceedings begun by Lender to enforce thi, Deed of Trust dIscontinued at any time prior to tbe earlier to occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pay' Lender all sun" which w,.uld be then d\1C under this Deed of Trust, the Note and notes ..curing Future Advances, if any, had no acccleration occurred: (bl Borrower cures all breaches of any other cove",,"lS or agreements of Borrowe. contained '" this Deed of Trust: Cc.) 8orrowerpays all rea~onable C"pe~KS incurred by Lender and Trustee in enforcing the ('{\venants and agt\'cmcllh (If Borrower conlalned in th.s Deed of Trust and in enforcing I,ender's and Tru'tee', remcdie, as providcd In paragr..ph 1 S hereot,indudin,\l, hut not limited to, reasonable attorney's feM, and (d) Borrower takes stich .,.tio" as lender 'MYle'''''""Ny reqUite h,; "lure that the Hen of thi! Deed of Tru~L I,ender\ interest in the Property and 8..."'[f(1\\-cr'!\ obligatH)H h' p,l~ r