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I 83- 005208 L 9. Coaclentnatloa. 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 an<l "".11 be paid to Lender. In the event of a tot.1 taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if .ny, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise .gree in writing, tbere shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds as is ""ualto th.t proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of t.king bears to the f.ir 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 seUIe a c1aim for damages. Borrower fails to respond to Lender within 30 days after the date such notice ~s 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 ~~cri':W;,~:tsdue date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of to. Borrower Not Released. Extension o[ 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. ll. Forbearance by Lender Not a Wai\'er. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not he 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 indehtedness 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 he exercised concurrently, independently or successively. 13. Sueeessors and Assigns Bound; Joint and Several UablJity; Captions. The covenants and agreements herein contained shaH bind. and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower. subject to the provisions of paragraph j 7 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 he used to interpret or define the provisions hereof, 14. Notice. Except for any notice reqUIred under applicable law to he 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 shaH be: deemed to ha;oc been given to Borrower or Lender when given in the manner designated herein. 15_ Unjfonn Deed of Trust; Governing Law; Se,'erabilit)". This form of deed of trust combines uniform covenants for national use and non~uniform covenants with limited variations by jurisdiclion to constitute a uniform security instrument covering real property, This Deed ot 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 Trust or the Note 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 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. Transfer of tbe Property; Assumption. If all (lr any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written c-onM:nt, excluding fa) Ihe creation of a lien or enclImbrance subordinate to this Deed of Trust. (b) the creation of a purchase money security interest for household appliances, Ie) a transfer by devise. de8Cent or by operation of law upon the death of a joint tenant or {u} the grant of <lOY leasehold interest of three years or less not containjng an option 10 pun.::hase. Lender may. 31 Lender'~ option. declare all the sums secur~d by this Deed of Trust to be immediately due and payable. Lender shall havt: waived such opfion to accelerate if. prior to the sale or transfer, Lender and the person to whom the Property is to be s.old or tran,sferI~d reach agreement in writing that the credit of such pefS!}O is satisfactory to lender and that the interest payable on the sums ...cl..~ured by this Deed of Trusl shall be at such rale as Lender shall request. If Lender has waived [he option to ac..::eleralc provided in this paragraph 17. and if Borrower's successor in jnterest 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. H Lender exercises such option to accelerate, Lender ~halJ mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide ~t period of 110t less than 30 days from the date the notice is mailed within which Borrower may pay the sUm~ declared due. If Borrower falls to pay such sums prior to Ihe expiration of such period. Lender may. without further notice or demand on Borrower, invoke any remedies permiued by paragraph 18 hereof. NON~UNJ['ORM COVENANTS, Borrower and Lender fUrlher covenant ano. agree as follows: 18. Acceleration; Remedies. Except as pro,,'lded in p.wragraph 17 hereof, upon Borrower's breaeb of any (~oven.ant or agreement of Borrower in thi5; Dffd of Trwot, induding the co\'enants to pay wben due any sums secured by this l>eed of Trust, l...ender prior to acceleration shaU maiJ notice to Borrower as prm,-ided in paragraph 14 hereof specifying: (1) the .....""h; (2) Ihe .ctlon required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower. by whieh such breach must be cured; and (4) that taUure to cure such breach on or before the date specified in the- notice may result in acceleration of the sunlS ,Secured b)' tbis [ked of Trust and sale of the Property. The notice shaD fudher inform Borrower of the right to reinstate after acceleration .and the dl(ht (0 bring a court action 10 assert the non-emtellce of II default or anJ other defense of Borro'Wer fo DCt.-eJeration and sale. If the breach L."i not cured on or before the dat~ specified in the notice, Lenlkr at Lender's option may declare all of the sums secured by this Ueed of_Trust to be immediate-I-y due and payable without funher demand and Play in\-ok-e tbe power of sale and any other remedi~ pennltled by applkable law, I.ender shall be enlitled to coUed all reasonable costs and expenses incurred in pnrsuing the remedies prov'lded in this ~raph 18, including, but not limited to, reasonable allorney's fees. If the power of sale is invoked~ Trustee shaD record u notice of de-fault in each county in which the Property or some part tbe,...,f is Io<:ated and sIulII mall copies of such oolke in the ntanner presulbed by applicable la.. to Borrower and to the ot.J.u:o-r pemRS p~.riMd by applicable Jaw~ Aft-er the Isp5e of such time as lJ'.ay be requi~d by applicable law_ Trustee shall give publk notke of sale to tlw pel$Ons and in the manner prescribed by applicable law. Trustee~ withQut demand on Borrower, shall seU the Property at public audktn to the highest bidder al the time and placE' and under the terms designated ill the noUct' 9f sale. ill ODe or more parcels and in such order as Trustee may determine. Trustee may postpoDe sale of aU or ., parcel of the Property by public announcement at tbe tinlc and place of any pce"iously scheduled sale. I....ender or Lender's doslpee may p""'...... the Prnperty at any ...te. V_ recelpl of payment of tbe price bid, Trustee shall del;.er '0 the purchaser Trustee's deed conveying the Propert) sold. The recimb in llw_ Trustee's d~ shaD be prima fade e,'idence of the- truth of the statements made therein, Trust€c ~.apply the p"""..do of lhe sale in tit< fol.lowl"ll nrder: (a) to all reasonable ....1. nnd e.penses of the ",Ie, including, hut not Iinllted,t<>, Tl1ISl..'. fees of nul more than 1/2 of 1 % of the gross sale price, reasonable altome}'s fees and ,'ust, of ::..o~; (b) 10llllsulDll seenred by this Deed of Tru,'il; and (c) the excess, if any, to tbe person or pe....n. legall} entitled 19. Borrowe'_r'a ......t to _Re:illstatt. Notwithslanding Lender'~ acceleration of the ~ums secured by thj~ Deed of Tru.,.!. Bottower diatt have tM riJht to have any proc<<di.ng-s negun by Lender to enforce [his De-cd pf Tr\l~l dl$C{mtmucJ at any t.ime prktr to the e~rtfer 10. occur of {i) the fifth day before the '.ale of the PropcI1Y pUFSU;.trH 10 the ~X)\"<Cf of s{k l..'ontdil\cd to this. ~~f_Trus.t Of. (i1)entry of a juds.me-nt f:llfordng thh. ~d of "fn.ts[ if: (a) Borro\\'cr pa.y~ Lend..:!'" JH sum...., \",,'hkh would be then due un<f:ct Iht~ Deed of Tm~t. tht- Note and rmt('jj \eclIrfng Future ^dvance-~, If any_ h,8J l'W ac~ckr;.J1H)n ....c.:mn..d: (0) Borrower cute_~ aU breach,,-"S. of any other cuvcnants or agreeOi-('-l1h pf Borrower c(lt1tatn~d In thi!. Deed nf Tw\! (c) Bort'('tW~tr pay't at! t~~na~1t' expc-fl_M"\ ifk";'U~fed by t-fnder and ,Tws.tee in 'Cn~tln:illg the I..'tn'en.lll,!~ and ~lgn.'~~rn{'n1" ,I,f BotfUWtt \..()I1..ained In IhJ1, Oced of Tru,~t and Itl enforcmg Lender s ~md Tru,tce:<. n:rnedl-e~ as pn"lij,Jed m pal ,~gr"rh I ~ he.re~t. including.. but -not U:t:ni.ted to. f.casonablc att0"liCY'~ fe~-'; .1Od fa) Borftw,"cr takc!'; ,u~h 3chm tJ:' f t"'l1i.kr ma, r(<'l."(~n~hh t:<<{i"i.rt tf! 1t1{ttJ(t:' that t~ hc:n or th~., llecd (If Ttw.c LCfH.fe.r\ inlNe-M in th(' PH'pt'rfY and n{~rl\~\\t:'''" ,)hh~.~-li(1n iJ.' P:l\ r