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83-H04401 r 9. Condemnation. The proceeds of any award or claim for damages, direct or conseqoential, 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, 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 J .ender ,0 Borrower that the condemnor offers to make an award or setlle 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 Trost. 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 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. 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 to Lender as provided herein. and (b) any notice to Lender shall he 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; 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 this Deed of Trust or the Note conllicts with applicable law. such conllict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conllicting provision. and to this end the provisions of the Deed of Trust and the Note are declared to be 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. TraDsfer of tbe Property; AssumptioD. 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 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 by devise. descent or by operation of law upon the death of a joint tenant or (d) the gram 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 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 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 wrilten 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 hereof. 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 hereof. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 18. AcceleratIoD; Remedies. Except lIS provided in paragraph 17 bereof, upon Borrower's breach of any covenant or agreemenl of Borrower iD tbis Deed of Trust, includinll the connants to pay wheu due aDY sums secured by this Deed of Trust, Lender prior 10 acceleration sball mail notice to Borrower as pro\'ided in paragraph 14 hereof specifying: (I) the breach; (2) the actIoD required to cure such hreach; (3) a date. not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be l'Ured; aDd (4) that failure to cure such breach on or before the date specified in the notice may result iD acceleration of the sums secured by this need of Trust and sale of the Property. The notice shaD further inform Borrower of the rij:hl 10 reinstale after acceleration and the right to bring a court action to assert the non-existence of a default or aD\' other defense of Borrower 10 acceleralion and sale. If the breach is nol cured on or before the date specified in the notice, LeDder at LeDder's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demaDd and may inmlte the power of sale and aoy' other remedies permitted by applicable law. l,ender shall be entitled to collect all reasonable costs and expenses incurred in pursuing Ihe remedies provided in tbis paragraph 18, IocIuding, but not limited to, reasonable attorney's fees. If the power of sale is iDvoked, Trustee shall record a notice of default in each COUDty in wbich tbe Property or some part thereof is located and shall mall copies of such notice in the maDner prescribed by applicable law to Borrower and 10 thc other persons prescribed by applicable law. After the lapse of such lime as may' be required by applicable law. Truslee shall give public notice of sale to the persons and in Ihe manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction 10 the highest bidder at the time and place and under the terms designated iD the notice of sale In oue or more parcels and in such order as Trustee may determiDe. Trustee may' poslpone sale of all or aoy parcel of the Property by public anDouncement at the time and place of any previously scheduled sale. Lender or Lender's desi&nee may purchase the Property at aDY sale. Upon receipt of payment of the price bid. Trustee shall deliver to the purchaser Trust",,'s deed l"On\'eying the Property sold. The recitals ia the Trustee's deed shall be prima facie evidencc of the truth of the statements made therein. Trustl" sbaIl apply the proceeds of tbe sale In tbe foDowing order: (a) to all reJISOnable costs and expenses of the sale, including, but not limited tn, Trustee's fees of not more Ihan 1/: of 1% of the J:ross sale price, reasonable altomey's fees and costs of titie evidence; (b) to all sums secured by thl.. Deed of Trust; and tc) the exce.ss, if any, to tbe person or persons legally entitled thereto. 19. Borrower's Rieht to Reinstate. Notwithstanding Lender's acceleration of the sums secured by thIS Deed of Trmt. Borrower shall have the right to have any proceedings begun by l.ender to enforce this Deed of Tnlst discontinued at any time prior to the earlier to occur of (il 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 pays Lender all sums which wt'uld be then due under this Deed of Trust, the Note and notes securing Future Advances. if any, had no acceleration occurred: (b) Borrower cures all breaches of any other covenants or agreements of BOrfowet contained in this Deed of T""t: (el Borrower pays aU reasonable expenses incurred by Lender and Trustee in enforcing the tovcnants and agreements ..'If Borrower contained in this Deed of Trust and in cnflJrcing Lender's and Trus.tee's remedies. tlS pro\'idt~d in paragraph 1 S hereof, including, but not limited to. reasonable auorney's fees: and (di Borrower takes <ueh aetioll as l.ender may re"SI)llah1} require to as~ure that the lien of this Deed of Trl1S:l. Lende,r\ interest in the Property and Borrnwcr\ ('lbligu.ti(111 t(\ P:l)