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r L 84 - 002616 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 be applied to the sums secured by this Deed of Trust, with the excess, jf 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. . 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 shall not-extend or postpone the due date of the monthly installments referred to 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 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 realion of any demand made by the original Borrower and Borrower's successors in -interest. 11. ForbearaKe 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 shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. 12. Remedies Cumul.tive. 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. . 13. Successors and Assigns Bound; Joint and Several I.lablllty; 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 i nterpeet or define the provisions hereof. 14. Notice. Except for any notice requncd 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 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; Governinc Law; SeverabUity. This form of deed of trust combines uniform covenants for national use and non-unifonn 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 appiicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision. and to this end (be provisions of the Deed of Trust and the Note 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. Traasfer of the Property; A.....pdon. Jf 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) tbe creation of a purchase money security inlerest 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 conlaining an option to purchase. Lender may, at l.ender's option, declare aU 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. Jf Lender has waived the option to accelemtc provided in this paragraph 17, and jf Borrower's successor in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations 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 par.t:graph 14 hereof. Such 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-U ~HFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 18. Accelention; ReRl9ies. Excepf as pro\'ided in p.r.raph 17 hereof. upon Borrower's breach of any covenant or aareemenl of Borruwrr in this DeHl of Trust, includioe the covenants to p.y when due any sums secured by this Deed of Trusl, Lender prior to acceleration shan mail notice '0 Borrower as provided in par.raph 14 hereof spedfy1na:: (1) the breach; (2) Ihe action r...quired to cure such breach; (3) a dnle. not less than 30 days from. the date the notke is mailed to Borrowrr. by which such breach ntust be l'ured; Hlld (4) thai failure 10 cure stich breach on or before the date specified in the notice may rnu" in acceleration of the sums secured by this l>eed of Trust and sale of the Pro~rty. The notice shaD further inform Borrower of the right to reinstate afler acceleration and the right to brinK a court action to assert the non~existence of a default or an} other defense of Borrower to acceleration and sale. If the breach is not cured on or twfo", tM date specified in the Rotice. l.ender al Lender's option may declare all of the sums secured by thti Deed of Trusl to be immediately due and payable withoul further demand and may imo'Oke Ihe power of sale and any olher remedies permilled by applicable law. under shall be entitled to l'olled all reasonable costs and expeases incurred in punui. .he relDedies pro\-ided in this parae,raph 18, including. but not limited 10. reasonable anomey's fees. If ..... power of sale is invoked. Trustee shall record a nolice of default in each county in which the Property or some part thereof is lM:ated and shall mail copies of SU4:h notice in Ih... manner prescribed by applicable law to Borrower and to the other penons p",~ribed b) applicable law. After Ihe lapse of such time as nUl)' be required by applicable law. Trustee shall give public notice of sale to the persons and in fhe manner prescribed b) applicable law. Trustee, without demand on Borrower, sball seD the Property at public aue_ion to Ihe hiahest bidder .t Ihe time and place and under the .urns designated in the notke of sale in ODe or more parcels and in such order as TnlsIee may delernline. Truslee mM}' poslpone sale of aU or aay parcel of the Propel1y by public announcement at Ihe lime and place of any previously scheduled sale. l.ender or Lender's desi&oec may purc"-e tbe Proper!) at any ~Je. Upon receipt of paymenl of the prk-e bid, TruSh.'t' shall delh..er 10 the purchaser Trustee's deed l..'Onvt\yin,g tire PTupcrtJ sold. The recitals in the Trustft"s det.>d shall ~ prima facie ~\o-ideOf.,~ of the lruth of the statements made therein. Trusb.>e shaU apply lbe prtM.:eeds of the sale in the following order: ta) to aU reasonabk costs and t'Xpen~.!nollimiled to, Trw.1ee's fees of not more than ~ of J% of the gross sale priet:o rcawnable at1orncl's fees and (.osls of tillt: (',,-idencci (b) to aU sums s<<un.'d b" lhis Deed of Trusl; and te) th~ C;'xcess, if any ,to the pl'r~n or persons It"KaJly entitlt.'d """"reto. 19. .rrower's RiCht to Reinstate, Notwlthstandmg Lcndcr'~ lJccc!cfatii.1n ,If the ~\Im~ ~c\:urcd by Ihi~ Deed <\f Tr\l~l. 8ofTowcr shall have the right to have .i1ny pr()(;cedillg~ begun by Lender to t:"nfof'ce this Deed of Trusl JI~conllfHlcd at any time prior to the earlier to O(;t:Uf of (i) the fifth day before the ~ille of the Property pursUiwt tp the power of sale ~\'lnliUncd in thili De,cd of THlst U( (IH entry of a judgment cnfon.:ing thiS Deed of Trust If: Illl BorrOlo....,r pay:>. l.erH:kr ;111 sums \.vhl\;h w(l\lld be then due under thiS Deed of Trust. the Note and notes. sel.:t1flllg Future Ad\,'t\tH;e~, If any, haJ IhJ .h.:l.:dcrallOn (x:-.:urrcd< ib) Borrower cures all brea,hclio of any other covenant). or agrcemcnl~ \\f BaftoWel (ontaincJ In Ihb [)C'~d llf '11-0",1 Ie) 8orro.....er pays all rcas.on..blc cxpen~c\ im;urreu by I cndcr and TruMcc in I:'nlllfl-'mg the L'n"-~nanb <Iod .lgn..'cfllCll{\ t~1 8mrower contained in this Deed of Tru~1 and In enlor<.:mg Lender's .tnd TfU'-lcC"" r~rnedit.,~ :1'1 PftlVldl,..d In parll~H.lph IX hereof. including, hut not limlh:-.u to, reasonable ;.tt{oroey'<;. fe~\, and (J) Borrower t<l).l~S \\l\."h ih:tlllll .I~ Lender 1113\ H..,,,\\l11,lhl\ reqUfu tu as!ou.rc that the hen 01 this De-ed of TrU'..!. I ~nder\ InICf~\1 III lhe Pft1pcrl\ and B\ln,mt:r'.., 'll:>ll)llllhlll h' f',i\ t\d/