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r L I 83- 005274 9. CoademaMlon. 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 shall be paid to J..eoder. In the event of a total taking of lhe Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. In ,he even' 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 10 that proportion which the amount of ,he sums secured by this Deed of Trust immediately prior to the date of taking bears 10 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 ,hat 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 'he 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 shan not extend or postpone Ihe due date of the monthly installmen's referred '0 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 tbis 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 succes.wr 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. Forbeannce by Lender Not 8 Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, Of otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such righ' or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shaH not be a waiver of Lender's right 10 accelerate the maturity of ,he indebtedness secured by this Deed of Trust 12. Remedies Cumulative. AU remedies provided in this Deed of Trost 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. Notke. 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 sbaH 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 receip' requested, '0 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 de~jgnated herein. lS~ Uniform Deed of Trust; GOTerning 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 'he 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 otherJ;rovisions of this Deed of Trust or the Note which can be given effect without the conflicting provision. and to ,his end e provisions of tbe Deed of Trust and the No'e are declared to be severable. Ifi. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of ,his Deed of Trust at 'he lime of execution or after recordation hereof. 17. Trusler 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 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 written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all obligations under 'his Deed of Trus' and ,he Note. If Lender exercises such option to accelerate. lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shaJl provide a period of nOI less ,han 30 days from the date Ihe no'ice is mailed within which Borrower may pay the sums declared due. If Borrower fails 10 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 (u"her covenant and agree as follows; 18. Accelenlioo; Remedies. Except as provided in paragraph 17 hereof. upon Borrower's breach of any covenant or agreement of Borrower in this J.)eed of Trust, including the co\'enants to pay when due any sums secured by this Deed of Trust, Lender prior 10 acceleration shall mail notice to Borrower as provided 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 failufe to cure such breach on or before the date specified in the notice may result in aeceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further infonn Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non.-existence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the norice, Lender at Lender's option may dedare aU of the sums secured by this Oeed of Trust to be immediately due and payable without further demand and may in\'oke the power of sale and any other remedies permitted by applicable law, Lender shall be entitled to collect all reasonable costs and expenses incurred In pursuing the remed;". provided in tbis paragraph I S. including, but not limited to, reasonable attorney's fees, If the pow" of sale is invoked, Trustee shan record a notice of default in each county in whkh the Property or some part thereoI is Ioeated and sha\1 mail copies of such nolice in the manner prescribed by applicable law to Borrower and to lh. other persons prescribed by applicable law. After the lapse of such lime as may be required by applicable law, Trustee shall give pubUc lKJ._tKe of ,SJde to the pe-,csons_ and in the manner pf't'Seribed by iipplkable law. Trustee, without demand on 8o(ro)Vcr, ~ _d the Property at public auction to the highest bidder at the time and place and under the terms designated in tbe ~~ of sale in _one 0.. .mQre- parcels a.w in _such or-4er as Trustee may determine. Trustee may postpone sale of all or. any P4ft'el of the P-ropert-y by_ publk announcement at the time and place of an)' prc\'iously s(.'heduled sale. Lender or Lender's dal&n~ may purchase the Property at any sale. Upon receipt of J>8)ment of the price bid, Trustee shaI1 de.Jiver to the purchaser Trust.e's deed <'Om'eying th. Property sold. 'fhec. reclla\ii in tbe Trust..... deed shall be prima facie evidence of the truth of the statements made therein. Trostee sIt!ilI app1)'. the proceedS of the sale in tbe following order: (a) to all r._n.bie costs and expenses of the sale, including, but nOt limif;ectto, ~'$ fees of not more tban lh of J% -of the gross sale price, reasonable attorney's fees and costs of title evidence; (b) to alllllltl!S_r~bI this Deed ofl'ru.'t; and (c) the .xcess, if any, to tbe person or persons legally entilled therdu. 19.. Borro....er. Ri&ht to Rei...te-. Notwithstanding Lcnder~s acceleration of the sums sC'-curcd by this I?ecd 1.?f TflJ~t, Barrower.wU_ have the- right to have any ,proceedings begun by Lender to enforce lhis Deed of Trust dlscontmued at any_time priof to tht earlier to. occur of (i) _the fifth dB)' before the sale of (he Property pursuant to the power of s.ale cl)ntained i." .b.i~~. - _,orTr.us. t or{ii)ent.IY of a jlldgtTl~nt enforcing thi.s Deed of Trust .if: (a) Borrower pays Lender all SUms. which would be 1Mn _due under tbi$ Deed of Trust. the Note_and notes 5Ccuring Future Advances. if any, had no .u.::\:eleralion l..x:currcd; (b) B9rrQWer Ct..tf'e:S all bFe...ches of any other- covenant$- or agreement$. of Borrower contained in this Deed of Tr-ust: (c) BorrOW:t::f_ -p.3y.' _aU reasonable: e,pen$t,s incurred by tender and Trustee in enforcing the covenants. :md agreements ~"f &orrower contained in this. Deed of Tru5t and -in enforcing Lender's and Trmlee's rc_medies a:'i pr.widcd in paragl'3ph 1 R hereof. jrx:-ludl,.~ but_ oot_ limited, to. ,feAW"nabtc attorney's fee-<)~ and (d} Bo-rro,^,-er .takel): such action Ul Leader may rC3\ooahl) requik te a55urot tn.t dw ti--e-n of flU,. Deed or Trust. L~ndef\ interest In the Property and Borrt...wer\ Gbli~ath.'li If) 1'.1)"