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83- 004387 9. Condem....loo. The proceeds of any award or claim for damages, direct or conrequential. 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 shall 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, onless 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 Lend~r t,) 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. 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 malurity of the indebtedness secured hy 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. Successors and Assigns Bound; loint and Several Liability; Caption.. The covenants and agreements herein conlained shall bind, and the righls 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 nol to be used to interpret or define the provisions hereof. . 14. Nodee. 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 staled 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 Ihe manner designated herein. IS. Unifonn Deed of Trost; 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 be 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 Notc conflicts with applicable law. such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision. and to Ihis end the provisions of the Deed of Trust and the Note are declared to he severable. 16. Borrower's Copy. Borrower shall be furmshed a conformed copy of the Note and of this Deed of Trust at the time of execution or after recordalion hereof. 17. Trauter of Ihe Property; Assumption. If all or any pari of the Propcrty or an interest therein is sold or Iransferred 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, descenl or by operation of law upon the death of a Joint tenant or (d) the grant oi any leasehold interest of three years or less not containing an option to purchase. Lender may. at Lender's Oplh.-'O. declare all the sums secured by this Deed of Trust to be immediately due and payable. Lender shall have waived such opllon to accelerate if. prior to the sale or transfer, Lender and the person to whom the Properly 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 Ihis Deed of Tnlsl shall be at such rate a~ Lender shall request. If Lender has waived the option to aCl".'elerate provided In this paragraph 17. and if Borrower's successor in interest has executed a written assumption agreement accepted in writing hy Lender, lender shall release Borrower from all obligations under this Deed of Trust and the Note. If Lender exercises such option to accelerate, l.ender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereoL Such notice shall provide a pertL>d "t '1<'1 less than .10 days irom the date Ihe notice is mailed within which Borrower may pay the sums declared dUe. If Borrower Luis h"'\ pay .such sums prior to the expiration of such period. Lender may. without further notice or demand on Born")wer. Invoke any remedies permitted hy paragraph 18 hereof. NON-U NIFORM COVENANTS. Borrower and Lender t unher (,.'\wenanl and agree as follows: 18. Acceleralion; Remedies. Except lIS provided in paragraph 17 hereof, upon Borrower's breach of any ,,"venanl or agreemenl of Borrower in this need of Trust, includinl( Ihe ('o,en..nts to pH} when due any sums secured by this need of Trost. Lender prior to acceleration shall mail nolice 10 Borrower ..s prm ided in paragraph 14 hereof specifyinl(: (I) Ihe breach; (2) Ihe action required to cure such breach; (3) a date, nol Ies.s than 30 days from the date the notice is mailed 10 Borrower, by which such breach must be cured; alld (41 thaI failure 10 cure sllch breach on or before Ihe date specified in Ihe nolice may result in acceleralion of the sums secured b} this need of Trost and sale of the Property. The nolice shall further inform Borrower of the ril(ht to reinstate afler acceleralioll and the ril(hl 10 bring a court aclioll 10 assert the non.existence of a default or an) other defen~ of BorroYler to acceleration and sale. If the breach is not ('ured on or before the date specified in the notice. lender at Lender's option may declare all of the slims secured by this Deed of Trost to be immediately due and payable wilhout further demand and RIa} invoke Ihe power of sale alld any olher remedies permilled by applicable law. Lender shall be elllilled 10 ,'ollet't all reasollable costs and expenses incurred ill pursuing the remedies provided in this paragraph J 8, illclllding, but not limited 10. reasonable attorney's fees. If Ihe power of sale is ill\'Oked. Trustee shall record a notke of default in cach county in which the Properl} or some part tbereof is localed and shall mail copies of such nolice in Ihe mallner prescribed by applicable law 10 Borrower alld 10 Ihe other persons prescribed by applicable law, After Ihe lapse of su<'h lime as ma} be required by applicable law. Trustee shall I(in public nutice of sale to Ihe persolls and ill Ihe manlier prescribed b} applicable law. Trustee, wilhout demand 011 Borrower, shall selllhe Property al public auclion to Ihe highest bidder at the time and place alld ullder the terms designaled in tbe notice of sale in one or more parcels and in such order as Tnlstee maJ determine.. Trustee ms}' postpone sale of all or any parcel of the Property by pllblic anlloun('emellt al the time and place of any previously scheduled sale. Lender or Lender's designee may purchase Ihe Property at allY sale. Upon receipt of payment of Ihe price bid, Trustee shall delher 10 Ihe purchaser Trustee's deed com'eyinl( lhe I'roperty sold. The recitals in the Truslee's deed shall be prima facie (., idence of lhe truth of the slalcments made therein. Troslee sball apply the proceeds of the sale ill Ihe followinl( order: (a) 10 all reasollable costs alld expeuses of Ihe sale, illcluding, bUI not limited to, Truslee's rees of not more than _ , l,. D _ .. % of the gros.. sale prke, reasonable allorn.y's fees alld costs of tille evidence; (b) to all sums secured by this need of Trust; and (cl the excess, if allY. to Ihe person or persolL' lel(all} ('nfitled thereto. 19. Borrower', Right to Reinstate. N01withstanding Lender's acceleration pI the ~tlll1S st'i.'urcd by lhi~ Deed \,)1' Trust. Borr,?wcr s.~all have the right to have ~ny procccuing\ begun by Lender to l'nfor-cc thi,s. !Xed \,)f trll:,! disl,:Llnllnucd al ~ny ~Ime prior to the earlier to o\:t.;ur i.)f (I) the fifth day before the 'ah.~ of the PrL)perty pursuant tlJ the pO\.\'Cf of ~ak cpntamcJ In tht!i Deed or Trust (~r (ii) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays I cnJt'f all surns whid, ",,,,ollli.! ,he then due under thiS Deed of Trust, the Nute and notes sl:cllring Future Allvances, If .UlY. had no ~I('(tkrat!l.m tl((Ufrt,..J: (b) Borrower cures all brcuch~~ of any other covemtnls O[ dgrccmcnts. of Borro\\t:r contained in thi~ Deed tif Tru:-l; (c) Borrower pays all reasonable c\penses im..'urrcd t'ty L.t>tukr and Truslcl' in ~nfon..'tn& lh~ ~ r',\-en;_ml" ;Hll! ,1grcClTlt:nb 1.'( Borrow7r con~aincd In thi~ l?ecd 1,)[ Tru~t and In enforcmg Lcndcr\ and Tru"lcc\ rCn\cdlt::.. ;lS provided in p;tragfap~l I:"': hcrcQt mdudml~ but nOt hnllted It). rc-asunablc aUorney\, fL'c~, and (dl Hornw.'cf ti\kc~ \uch ;:.H:tli..'O as i .cnOCI !HaY rt.':t"'t~n~~nh rc:qulfC It.'! a)sure that th\~ licn uf thi~ lked of Trtl:..t, l.ender's inlt-fc~1 m th~ Property ,l.Od BVnl)\.'V('i', nhlig~\{h'n hI p,l)