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I 83-..006799 ... 9. CondemnatioD. The proceeds of any award or claim for damages. direct or consequential. in connection wit~ 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. ID 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 otherwise!' agree in writing, there shall be applied to the sums sec.ured by this Deed of TnlSt ;;uch proportion of the'proceeds as is equal--la 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 dale of takiDg, with the balance of the proceeds paid to Borrower, Ifth. Property is ahandoDed by Borrower, or if,after notice by Lender to Borrower that the condemnor offers to !"a~e 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 ProperlY 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 ~:cr;~"::n~~~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 10 any successor in interest of Borrower shaH not operate to re,lease. -in any manner, the liablfity of the original Borrower and Borrower's successors in interest. Lender shan not be reqUired (0 commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortizatio~ 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 ar-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 shall not be a waiver of Lender's righl to accel.rate the maturilY of the indebtedness secured by ,his Deed of Trust. t%. 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 be exercised concurrently, independently or -successively. t 3& Succeaors 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 severa1. 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. Notice. Except for any notice required under applicable law to be given i.n 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 Of'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 gi\'en to Borrower or Lender when given in the manner designated herein. 15. UDifonn Deed of Trust; Goyerning Law; Severabifity. This form of deed of trust combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction 10 constitute a uniform security instrument covering real property. This Deed of Trust shall be govemed by the law of the jurisdiction in which ,he Property is loca,ed. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall nol affect other provisions of this Deed of Trust or the Note which can be given effect without the cont1:cting provision. and to this end the provisions of the Deed ot Trust and the Note are declared to be severable. 16. Borrower's Copy, Borrower shall be fumlShed a conformed copy of the No'e and of this Deed of Trust a' the ,ime of execution or after. recordation hereof. 17. Traasfer of the Property; Assumption. If all or an)' pan of the Property or an interest therein is sold or transferred by Borrower without Lender's prior wrilten consent, ex.cluding (a) the creation ot a lien or encumbrance SUL 'joate to this Deed of Trust. (b) .the creation o[ a purchase money security interest for household appliances, (c) a transfer DY devise, descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold inteiest 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 (0 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 satisfaclory to Lender and thai the interest payable on the sums secured by this Deed of Trust shall be at such rate as Lender sban request. Ii under has waived the option iO accelerate provided in this paragraph! 7, and if Borrower's successor in interest, has executed a written assumption agreement accepted in writing hy Lender, Lender shall relea~ Borrower from all obligations under 'his Deed of Trus, and the Note. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such nOlice sha.ll provide a period of not less than 30 days from the date the notice is mailed within which Bocrower may pay rhe sums declared due. If Borrower fails lO pay such sums prior to the ex.piration of such period, LendeT 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; la. Acceleration; Remedies. E:lcept as prol'ided in paracraph 17 hereof. upon Borrower's breach of any covenant or ...ment of Bonower in this Deed of Trust, including the COl'enants 10 pay when due any sums secured by this Deed of Trust, Leader prior to lIC""luation sbaII mail notice to Borrower.. provided in paragrBpb 14 h.reof specifying: (1) 'he breacb; (1) tile actloa required 10 cure sucb breach; (3) a date, not I... than 30 days from lhe date the notic. is mailed 10 Borrower. by wbi<h sucb breach must be cured; and (41 lbat failure to cure such breach OD or before the date specified in tbe ""Ilce DUly resull ID acceleration of tbe sums secured by this Deed of Trust and sale of the Property. The notice ...... f.rtloer Info..... Borrower of tbe ri&bl to reinstate after acceleralion and the ri&bt 10 bring a court aClion to assert the 1lO&-e~ of a default or &0)' other defense of Borrower to acceleration and sale. If the breach is not cured oa or before tbe date specified in tbe ""Ii"". Lender al Lender's option may declare all of the sums secured by this Deed of Tnost to be illU1lediately d.. and payable witbout r~rther d.mand and may in.oke tbe power of sale and aDY oth.r remedies pumitted by IIppIicJlIJle Jaw. Lender shall be entllled to collect all r......nable c""ls and e.penses iDcurred in pursuing the remedic$ ,...vUed in tilis .......rapb 18, including, but not limited to, re.....nable aUomey's r.... If tbe pow.. 0( sale is invoked. Trustee sball record a notice of d.faull In .acb county in wbich the Property or some JIIIfl doeROf is loaded and .baIl mall copies of suck nollce in the manner prescribed by applicable law to Borrower and to th. otiIcrpe_ pRSCrlhed by appllcabIe law. After tbe lapse of .uch time as may be requiRd by applicable law, Tt'USlee shall chre ~ ne!ke of =Ie to e!= pu-..om aad in the_ ffiiiiiMY pie54:rlbed hi" app5~bk Jaw" Tr~~, witbout demand on ......._, IIaaIl Wllhe I'l'9j'!Orty at public auelion 10 lhe hillhest bidder at tbe Ii_ aDd pia"" and nnd.r the t.r.... designated ha doe._ of sale in _ or more parcels and in sucb ....der.. Trustee may deletluine. Trustee may postpone sale or all ....aJQ' P'It<<l of tiMt l'n>perty by public ......ouncement at tbe lime and place of any pre.iously scbeduled sale. Lender or Lemler'.........""!Y,....m.e the Property at any sale. U,.... ,J:>IOeipI of pa,yme>1t of doe pric.1Hd, Truo!ee sball dellYer 10 the purcbaser Trus.tee's deed connyinll the Property ...... Tloe.nclI1Ils ha the TlusIee..deed sbaIl be prima fade ..ldenc. of lhe trulb of the statem.nts made thereiD. Truslee ~....., the. proeecdlI of tbe sale in the fullowiJ't:erder: (a) to all ..,.....nahle costs and ..pe..... of tbe sale, including, bul tOl!t~..... T....... f.... of _more than_..,:...,:_ __ _% of the IIr_saIe price, re_....bI. aUomey's f... and cools of ~""e;(b) to all_......red by lbit; Deed of Tt'USI; and (0) tbe e.c..., if any, 10 tbe person or personsletally entitled )9. ............ Rilla' to Relaotate. Notwilhslllnding Lender', acceleration of the ,urns secured by 'his Deed of Trust. 8or~r shall haVe the,riJhl tl> have any proceeding> begun by Lender to enforce this Deed of Trust discon'inued at ~1'\'_Jmor 1<:> the.arl!"t to occur .of (l) tbe Md. day before the sale or tbe Property pursuant to the power of sale con,omed .DlhioPced,orT.....'!r (u) ..t.ry of a JudgnlCnt ...forcing'.I\ls Deed of Trust ,f: (a) Borrower pays Lender all sums which would ~___,due _~-'tbif, Occd uf Trull, the Note and Jl.QleS ~unng Future Advances. If any. had no ac,c~lera'.on o~curred; ~b) Bor~t, CUf:ft_.U breaches of any other eOlJenilnts or agfeemenH. of Borrower contained in thl~ Deed ot 'froM: V:) 8QrrOWCl' -P'a,)'$: a.JJ-rc-~tmbk _e:\pc~ i-m.vrroo by Lende_, and TruJICC in enforcing the coycuants and <Agreements of BOt~ f,;'-9Q~tnod In- Jtu~ ~ (If "f.\IM and in enfowiu, [.ende.r's and Trustee'$- remedies ~s pruvided m paragraph 1 R ~t. l~~-I" bwl_, not It<<u~-ed, to..- te-aM'1fU\b~' at_~4l-rucy's f~; a~d hU ~rn)WeT, t-ak~ $ouch acU~::m M tender may rc-awn:tol'f rcquift _.0- ~ that the hen of tbiJ Deed of Tn!~. Lendel'~ .otcrt1l.t 10 the Propcrt)' iUld Borr(,)wer'~ (lbligad{)n It) pa}--