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I R~- 006100 9. Condemnation. 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 Lender. In the event of a total taking of the Property. the proceeds shall he applied to the sums secured by this Deed of Trust. with the excess, if any. paid to Borrower. In the event of a partial laking 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. aher notice by Lender to Borrower that the condemnor offers to ~ake an award or settle a claim for damages, Borrower fails 10 respond to Lender within 30 days after the date such notice is mailed~ Lender !s 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 10 in paragraphs I and 2 hereof or change the amount of such installments. 10, Borrower Not Re-Ieased. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender 10 any successor in interest of Borrower shall not operate to release, in any manner, the liahility 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 31!1ortization 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 \Vaiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable Jaw, 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 indehtcdness secured by this Deed of Trust. . . 12. Remedies Cumulllth"e. An remedies pro....lded in this Deed of Tnlst are distinct and cumulatIve to any other fight or remedy under this Deed of Trust or afforded hy law or equity, and may he exercised concurrently, independently or successively. ] 3. SUCCe5S0r.i and Assigns Bound; Joint and Se\'eraJ 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 ] 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 arc for convcnience only and arc not to be used to interpret or define the provisions hereof. _ ' 14.. Notice. Except for any notice rcqulfcd under applicable law [0 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 shaH he given hy certified mail. return receipt requested, to Lender's address stared 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 l.ender when given in the manner designated herein. 15. Uniform l>eed of Trust; Governi~ taw; Se\'erability, This form of uceJ of trust combines uniform covenants for national use and non-uniform covenants with limited vanations by jurisdiction to constitute a uniform security instrument covering reat property. This Deed of Trust shall he governed hy the law of the jurisdiction in which the Property is located. In Ihe event that any provision or clause of this Deed of Trust or the Note conflicls with applicable law. such conflict shall not affect other provisions of this Deed of Trust or the Note which can he given cJfect without the conflicting provision. and to this end the provisions of the Deed of Trust and (he Note are declared to be severable. 16. Borrow-e-r's Copy. Borrower shall be- furlllshed a conformed copy of the Note and of this Deed of Trust al Ihe time of execution or after recordation hereof. 17. Transfer of the Propa1y; Assumption. If all or any part of the Propert)' or:1O interest therein is sold or Iransferreu hy Borrow~r without Lender's prior written con~nt. c'\cluding (a) the (.;Teat ion of i1 lien or encumbrance subordinate to this Deed of Trust, (b) the creation of a purchase money security interest for ho~schold appliances, (c) a.transfer by devise. descent or by operation of law upon the death of a JOtnt lenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase. l.ender may. ,It 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 (0 the sale or transfer, Lender and the person 10 whomJhe Properly i~ to be said or transferred reach agreement in writing that Ihe credit of such person is satisfactory to Lender and thai the interest payable on the sums sC\:;ured by this Deed of Trust shall be at such rate a~ Lender shall request, If Lender has waived the option to accelerate proVided in this p;:tragraph 17, and if Borrowers 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 Trusl and the Note. H Lender exercises such option 10 accelerate, LcOller shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall prOVide a period of nut lcs~ than 30 days frOfn the dale lhe notice is mailed within which Borrower may pay the sums dt.>t:lared due. If Borrower fails to pay such sums prior 10 the expiration of such period, Lender may, without further notice or demand on Borrower, inl,'oke any remedies permiued by paragraph 18 hereof. NON-U.NIFORM CO\iENANrs. Borrower and Lender further covenant Otnd agree as follows: 18, Acceleratioo; Re-medics. Except 8-Ii pro't'ided in paragrapb 17 hereof, upon Borrower's breach of any covenant or .reement of Borrower in this lleed of Trust, including the- co"'enanls to, pay when due an)' sums secured b)' this Deed of Tru.~, Lender prior to acceleration shall mail notice 10 Borro\\"cr "'i provided in paragrapb 14 hereof specifying: (1) the breach; (2) the action required to curt sucb breach; (3) a date. not less than 30 days from tbe datt the notice is mailed to Borrower, by whicb such breach must M- cured; and (4) that failure to cure such breach on or before the date specified in tbe notice mal' resull in acceleration of the sums secured b)' this Deed of Trust and sale of the Property. The notice- shall ful1he.r inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the- non.exmence of a default or an,)' otbe-r defense of Bo....ower to acceleration and sale. If the breach is not {"ured on or befo~ the date specified in the notice. Lender at Lender'~ option may declare aU of the sums secured by this need of Trust to be immediately due aDd payable without further demand and may ip'wke the power of salt: and anJ' other remedies penni<<ed by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the .-emedies provided in this paragraph J8, including, but not limited to, reasonable attorney's fees. If the power of sale is invoked, Trustee- shall record a notice- of default in each county in which the PropertJ or some part thenof is located and shalt mail copies of such notice in the manner prescribed by applicable law 10 Borrower and to the other penons pnescribed by applicable law. After the la.... of such time as may be r"'luired by applicable law, Trostee shall gi'Ye public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, sbaU sell .he Property at public alKlion to the highest bidder at the time and place and under the tenns dcsilnated in the noti<< of sale- in one or lOore parcels and in such order as Trustee may determine. Trustee mal' postpone sale of all or any paree-I of the Property by public announc..'CRlent at the time and place or any previously scheduled sale. f.endu or Lender'. desIc- may purchase tbe Property at any sate. Upon reaipt of payment of the price bid., Trustee shall delinr to (he puC('hasu Trustee's deed conveying the Propert)' sold. The recitals in the- T~ee'5 deed shall be prima facie e\i-idence of the truth of tbe statenlents made therein. Trustee slWI apply lbe proceeds of the sale in the following order: la) to all reasonahle costs and ............. of the sale, including, but not limited to. Tr.utee's fee-s of BOt more- than % of the ~ross sale price. reasonabJe! attorney's feu and costs of tide el'idellCC'; (b) to all .ums secured by this DcC'd of l'n~; and (c) the excess, if au,), to the person or persons legally entitled tHmo. 19. Borrower's Right to Reinstate. Notwithstanding Lender's, acceleration of the ~urn~ secured by thIS Deed of Trll"l. Bor.rower shall have the righl to have ~ny proceedings begun by Lender (tl enforce thi~ Deed of Trtlst lhs\:ontinucd ;.ll any time prior to the eadier to occur (If (I) the firth day }-,eforc the sale of (he Propcny pursu~ll1t h) the ptw.'cr l.lr ~aJc cont~Hned In this Deed orTru-st ~r (ii) entry of a judgment enfon:ing this Deed of Trtl~t if: (<I) Borrower pay\ Lender all SllIH~ which w~J\lld be then doc; under thl~ Deed of Trust, the Note and note'\ securing Future Ad\"anct~l<I. If any, had no .K-cclcr;ill\ln OC1.:UJfCd: (h) Borrower CUreiI all bteacoo o( any other covenants or agr~c01cnts of Burn.lwcr conlained Ifl lhi:-l Deed of Trw.t. h:} Borrov.'C[' pay~ ~II reaSQnahle e_'\pcnse~ irn.:urrcd by Lcnder and Trus-!cl' ill t'n(orcmg the ..:ovcn;!uh and agrC'(lt1c-nt~ "f Borrower contained in this I~ of Tru:H and in enforcing Lender:s ,ind Tru!\t~c-''j rcmcdic~ a... pro\'idt'd in Jl~Ha,ftrilph l}(. hereof. im:tuding, hut not lit!'lted w. ,rca."t.onable iltt()rney'~ ft-'Cs~ and (~li ~(f()wer takc-,> stich aClwlI ,IS 1 ,\~ndcr maY,f('",\i1n.ihh requi-re II) .uU(( th;tl the lien ()f llw, Dc.cd of Tw'it. lender'., irllc-n:"\t tn tht;; Properly :Hid ROITO...."~f... \)hhgati\!ll In p.n