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I 83- OCJ6268 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 .hall be paid to Lender. In the event of a total taking of the Property, the proceeds .hall be applied 10 the sum. .ecured by this Deed of Tru.t. 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. UtheProperty is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor-offers to make an 'awatd 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 Properly or to the .um. .ecured by this Deed of Tru.t. Unless Lender and Borrower otherwise agree in writing. any such application of proceeds to principal shall not extend ~~cri~:W;n~n~s~ue date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of 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 tequired 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 shan not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. 12. Remedies Cumulative. AU 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 covenams 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. NQtice. Except for any notice required under applicable Jaw to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be given by mailing stich notice by l.~rtificd 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 shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 15. Uniform Deed of Trust; GoverninJ: I~aw; Sel'erability. 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 Jaw. such conflict shall not affect other provisions of this Deed of Trust or the Note which can he given effect without the conflicting provision. and to this end the provisions of the Deed of Trust and the Notc arc 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 the Property; Assumption. If all or <lilY pan of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written CQnsent, 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 tenanl 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 10 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 interesl has executed a wriuen assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligation. under this Deed of Trust and the Note. lf Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shaH 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 ["its 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~UNlrORM COVENANTS. Borrower and Lender further covenant and agree as follows: 18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrowers breach of any covenant or agreement of Borrower in this Deed of Trust, including the covenants to pay when due any SUIOS sl-'Cured by this Deed of Trust, Lender prior to acceleration shall maD notice to Borrower as prO\!ided in paragraph 14 her,eof specifying: (1) the breach; (2) the action required to cure .uch breacb; (3) a date, not less Ihan 30 day. from Ihe elate the notice is mailed 10 B,orrower, by which such breach must be cured; and (4) thai failure to cure such breach on -or before tbe date specified in the: notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. Tbe notice suU further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the. non.existence of a de_fault or an). other defense of Borrower to accelf'ration and sale. If the breadl is not cured on or before- tbe daleo-specified in the notice" Lender at Lender's option nl8,)' d<<Iare all 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 permitted by applicable law. Lender .hall he entitled to collect all reasonable costs aud expenses incurred in pursuing Ihe remedies prO-dded _ in this paragraph ] St 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 count,)' in which the Property or some part thereof is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the otber perso"" prescribed hy applicable law. After the lapse of such lime as may he required by applicable law', Trus1ee .hall give public notice: of sale to _tbe_ persons and in the manner prescribed by applicable law. Trustee, without demand on Bol'rowe.-'\-sbaIJ seU the Property at public auction to the higbest bidder at the time and place and under the tenll.lI des~nated ill the..notict' o~ sale _in_ one or m~re parcels__8Qd -in 5u-.;h order as Tru.'itee may determine. Trustee may postpone sale o{ all Ot',~ _~J. of the ,Property by pubUc announcement at the time and place of aoy previously scheduled sale. l~ender or Lende"s design.. may purcbase tbe Property at any sale. tJi>>cm reee.lp! of_ payment_ of the, price bid,-l'rustee_ shall deliver to the purchaser Trustee's deed cOQveying the Property ~_ The__ r~.in tbe T~~ts- ~eed_sball _be. priOlB fade evidence of the truth of the statements made therein. Trustee .W apply.the proceedsW' the sale. I" Ihe follol"i9llorder: (a) to ail reasonahle cost. and expenses of lhe sale, including, but not-Jl~,to,-r"'et'.'5 fees-of not.mor,e than_,ll~, of 1 % of the gross sale price, reasonabk attorney's f~s and rostlj, of ~~ (h) t.,alI.u"", ....,uredhy this Deed of 1'rust; aud (clthe excess, if any. 10 lhe persOIl or l'ersollS legally entitled . 19., ~nowe~8_,~ightJo_ .1nst.te~ Notwiths;tanding tender's acceleration of the sums ~ccufed by this Deed of Trust. Bol:'rowC:f--$haU--,have the. right to have any proceedings begun by lender lC1 enforce this Deed of Trust discontinued at ~y _~_priQr-to"the earher to Occur of -{i) the fifth da}' before the sale of the Propert)' pursuant to the power of sale contained In lh~~d,<>>;-TfUS10r(ji) entry of a judgmeot cnfQtdng this Det;d of Tm-st if: (a) Borrower pays Lender all Slnth whi<;h wOldd be, tAefUJ.ue undcr-th4 Dee4 of Trust,. the Note and, nQt(5. secu!'io8 Future Adv~nces:. if nil)'. had no llc-celeration oc-curreu.: ~bL;QO(f(Jwer curus- aU, -brea~hC$ of- --any other cove-nant'i Of' agr~-ement,s of Borrower contained 10 this- Occ-d of Trust: {c;l-,~'':1W''et ,p~)'s,al' .f~n14ble ,expcn.es incurred by Lender and Trus.tee in enforcing (he co-\.'cndnb and agrccOl<U{a d 8Qlro~t _e~~nc~l in- d,J~ f?ee4 _,of Tru~ aoJ in e-nfvr:ini_ t('_nder'~ amtTr\.lslec's remedies !*s prOVided m paragraph ! R ~f~_ 1000.luuini;. b\lt n~ hnuled_ wt fe.a.~na.J;d~ aUvrncy s fees: and (d,) 80ffowct takes s:U(.~h acuon as L(:ndcr may fr-M-pn<lhtv r(:4uIrc-_,.l')-~~ _d).t_ the lien -uf this ~d of Trust, Lcnder'!!. interest In the Pwpcrty and norrowcr"~ obligall(111 h) r.l~.