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I I Ir ~ ! ! ! ~, ~ t L . ~(~ 83- 1)05802 9. COnde.a~D. 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 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 otberwise 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 Trost immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of takhg, with the balance of the proceeds paia 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 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 shat! not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. 10. Bonower 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. II.. 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 ~ 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 nght or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively. . 13. Successon and AssigDS Bound; Joint and Several Liability; Captions. The covenants and agreements herem 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~ Nolice. EX1;ept 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 rlorrower may designate by notice to Lender ::.$ provided her~in, and (b) any notice to Lender shall be given by certified mail. return receipt requested. to Lender's address stated herem 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 shalf be deemed to have been given to Borrower or lender when given in the manner designated herein. 15. Uniform Dft1I 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 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 Vrovision. 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. Traasfer of ~be Property; Assumption~ If ail 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 coDtaining an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Deed of Trust to be irlI.-nediately 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 su~h 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 shalJ 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. Su~h 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.. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Bonower's breach of an)' covenant or agl'eeDleot of Borrower in this Deed of Trust. including the co\'enants to pay when due any sums secured by this Deed of Trust, l..eoder prior to acceleration shall maD notice to Borrower as pro,,'ided in paragraph 14 hereof specifyina: (1) the breach; (Z) tbe action required to cure such hreach; (3) a dat., not I.... than 30 days from the date the notlc. is mailed to Borrower, by wb.k:h stich breach must be cured; and (4) that failure to cure such breach on or before the date specified in the nolle. IIVIY result in acc.leration of Ih. sums secured hy this Deed of Trust and saI. of the Property. Th. notice shall further inform Borrower of the right to reinstate after acceleraUon and the right to bring a court action to assert the non-ex.Dtence of a cIef.ult or an)' other defense of Borrower to acceleration and sale. If the breach is not cured on or belon the date specified in the notice. under at under's option may declare aU of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies pennltted by appllc""'e law, Lender shall be entill.d to collecl all r.asonahle costs and expenses incurr.d in pursuing the remedies provided in this paragraph 18, includingt- but not limited to, reasonable attorney's fees.. If the power of sale is inwoked,. Trustee shall record a nolice of default in each county in whkh the Property or some part thereof is located and shaD maD copies of such notice in the- manner prescribed by applicable law to Borrower and to the olhe< perso... prescribed by applkable law. After the lapse of such time as may be r.qulred by appllcahle law, Trustee shall give public. BOike of sale to the persons and in the manMr prescribed by applicable law. Trustee, without denland on Borrow.r, sIWJ sell the Property at public auction to the highest bidder at Ihe time and plac. and und.r the t.rms designat.d ill the nolle. of saI. ill one or more pare." and in such order as Trustee may determine. Trustee may postpone sale of all or ..., pattel of the Property by public announce-ment at the time and place of any previously scheduled sale. Lender or Lender's desi&nee may purchase the Property al any sal., U~ receipt of payment of the price bid. Trustee shall deliver to the purchaser Trustee's deed conveying the Propert.l sold.. The l'e('itals in the Trustee's deed shall be prima facie evidence of the truth of the statemen~ made therein. Tl1IStee sIWJ apJd)' lbe proceeds of the sale io the folJowillg order: (a) to all reasonable costs and .xpenses of the sale. Including, but not Iia:dt.ed to, Trustee~5 f~ of not more than ~ _ _ _ _ _ % of the gross sale price, reasonable aUorney's fees and costs of :::':"'rideuce; (b) 10 aIIsoms secored by tbis uf Tn..!; and Ie) the .xc.....1f any. 10 the person or persons legally entill.d 19.. Borrower's Richt to Reiastate. Notwithstanding. Lender's acceleration of the sums secured by this Deed of Trust, Borrower shall bav~ t~ right to have any proceeding$ begun by Lender (0 enforce this Deed of Trust discontinued at any.time prior. to the earlier tQ occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained in lbi,Dee-dofT..ruJit or (ii) entry of 11 judgment enforcing this Deed of Trust if: (a) Borrower pays lender ::lll sums which would be t~ dUe under this Deed of Trust. the Note and notes securing Future Advances, if any, had no acceleration occurred: (b) Bo-rro'wer cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust: (c).Borrower pays all reasonabie expenses incurred by Lender and Trustee in enforcing the covenants and agreements of 8orroo.yer conlained in thjs Deed of Trust and in enforcing lender's and Trustee's remedies as provided in paragraph 18 hereof. including, bul not. limited to. reasonable attorney's fees; and (d) Borrower takes such action as It:-nder may reasonably require t-o a:s.sure that the lien of this Deed of Trus.t. Lender's interesr in the Properly and Borrowt:"rs {)bligalion to pay