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I L 84 - 002691 9. L"ondemnafioa. The proceeds of any award or claim for damages, direct or consequential. in connection with any condemnation or other takiog of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to LeDd.r, In the event of a total raking 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 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 laking bears 10 the fair market value of Ihe 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. L.ender is authorized to collect and apply the proceeds. at Lender's option. either to restoration or repair of the Property or 10 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 'luch installments. ]0. BonoWt'F Not Reteawd. Extension of the time for payment or modification of amortization of the sums secured hy 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 Ihis Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. ] I. Forbearance by Lender Not. 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 olher liens or charges by lender shall not be a waiver of Lender's flP'hl to accelerate the maturity of the indebtedness ~ecured bv this Deed of Trust. .,- 12. Re.edies 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 successivelv, 13. SU4:cessors and A.... Bound; Join' ami Se.eral UabiUty; Cap'ions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of lender and Borrower, !>ubjecl 10 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 nterprel or define the provisions hereof. 14. Notice. Ex:cept for 3n)' notice reqUired under applicable law 10 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 Propert} 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 cenified mail, return receipt requested. to Lender's address stated herein or to such other address as Lender may designate by notice 10 Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given (Q Borrower or Lender when given in the manner designated herein. ]5. Unifol'Bl DeN of Tn&t; Gournine .....w; SevenbiliCy. 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 propcny. ~is 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 wi.hout the conflicting provisiJln. and to this end the provisioDS of the Deed o( Trusl and the Note are declared to be severable. t6. IIonvwa'. C..y. Borrower shall be furnished a conformed copy of the Nc!e and of this Deed of Trust al the time of execution or after recordation hereof. 17, T..-u 01 the Pn>paty; ..u.u.ptioa. If all or any pari or th. Property or an inl~restlhere:in is sold or transl.rred by Borrower without under's prior wrinen consent, ex:c1uding (a) the creation of a lien or encumbrance subordinate. to ,his Deed of Trust, (b) the creation of a purcha>C mon.y security int.rest for household appliaDces. (c) a transfcr by <Ie.ise, descent or by operation of law upon the death of a Joint tenant or (d) the arant of any leasehold interest of three yea"- or less flot conlauung an option to purchase. Lender may. at Lender's option. declare all the sums SC(:ured by this Deed or 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 wbom~tbe Propeny is to be sold or transferred reach agreement in wrilin. that the credit of such person IS satisfactory to lender and that tbe interest payable on the .surm secured by this Deed of Trust shall be al such rate- as Lender shall requal. If lc:ndcr has waived the option to accelerate provided in this paraaraph 17, and if Borrower's successor In mlerest has cAccu,cd a written UIUOlplion agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under thiS Drrecd of Trust and the Note. If Lender exercises such option to accelerate, l.ender shall mail Borrower nolice of acceleration in accordance with p;ml8raph 14 hereof. Such DOtice .hall provld. a period of not less than 30 day. from the dat. the nDtice is m.iled withiD which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of suc:h period. Lender may. without further notlee: or demand on Borrower> invoke any remedies permitted by par.araph 18 hereof. NON.UNtfORM COVENANTS. Borrower and Lender further covenant and agree as follows: 18. Acc....ratioll; R......ua. Except &li ........... ID P."lup!I 17 h....... upo. Borro...r'1 ........ of ..y co.._... "C........nl 01 Bono...r in 110. Deed of 'frust, io<ludina Ih. co..n.... 10 pay ..heo due ..y 1_ _urad by Ihil Deed 01 'frust. I..,oder prior 10 ""celeratlo. shall m8iI nolic. 10 Borro.... &li provid.d iD (IUlII..... 14 henof ....<lIy...' (1) Ih. broacb; (211he ""fiog rOljuir04 10 cure: sucb _b; (3) . dal.. nol 1_ lhan 30 daYI I... lhe dloIe lhe nolk. Is 8UIiIed 10 Borrow.r. by ..Ioicb sucb lIre""b m.... he c....ed, .... (4) Ih.t lailur. 10 cu.. luch b_b ... or bel_ thc ....c lp<<iIied i" tb. nolic. m., result iD acceleration 01 lhe ..._ secured by Ibis Deed 01 TfIIII .... uIe 01 IIIc Properly. Th. ooIlce ~haU (urthe.- inform Borrower of .he nah' to Riastale after acceleration and the ...IM to briDa . court .dioD '0 use'" the non..cUslclK'c of . defaul. or any other c1efeDSC of Borrower '0 accelenlion ... ale. If the breadl is not cured on or belore: lbe daI. sped&ed in lhe DOtiC.. I........r .1 uad.r's opoo. may d.clare aD of the ""'" _urad by Ibis Deed o' Trusllo be- immcdiMlely d_ ud payabk without furtber demand and may invoke the POWeI' of sale and oJ other remedies pennilled b, appli<able la.., Le.der shall be .nlitled to col\ecl all r....n.ble c..... and npe_ incurnd iD punulna Ih. remedies pro"ided ia thit. panllrapb 18, indudia&, but not limited '0, reasoaable .bomey's rHL If thr power of sale is i.a,'ok~ Trustee shall record a DOlin of default in uch county in whicb .he Property or some part 'hereof is Ioca.ed ...d iluIIl auaiI copies of such no.ice in .he manner prescribed by applk:ablr la", to Borrower and to the olher penons prescrl_ b, appli<alole law, Aft.r th. la.... 01 such li_ as m., he rOljulred by appli<abI. ..... Trustee shall ghe public: notice of uk 10 ,be persons ud in Ihe manner prescribed by applicable law. Truste~ .ithout demud on Borrower. shalI..U tbe Pro~J1y at public auction to the hie_st biddC'r .. the IiIDC and place aud under the terms desicaa.ed in 'bC' no'ieC' of sale in Ollt' or .ore puccb .ad in luch order as Tnlitec may detenuiac. Tl'Witee may poitpuac uk of all or any parcd of tlac Property by public announce men' at the tilDe and plaf:C' of any prewiously St:hedukd sale. Lender or 1_A'llder's desi&Dft' .ay purc~ the Property at any sale. Upon rtteip' of pay men' 91 the price bid. Trustee shan delil'C'r 10 the purch~r Trustee's deed conl'cylnc the Propert) ~old. Tk rt"citals io tbe Truite~'s dftd shall be- prima fack t'vidence of 'he truth of 'he ,,'alerne-nlS made thenin. Trustn shall apply .he procftds of the ~ in the followina order: (a) '0 all reawnable c~b and C'xpr:nses of the sail'. indudift&, but not limited to, TnA1<<'s feu of out more thaa r; . n % of 'he ar05S we prh:t, reasonable attorney's fns and costs of litk uidt'IKt:;. (b) to.u ~ums i<<u.r<<l by this Defli of Trust; Ilnd (c) the euess, if ail,), to the puson or perso~ lelaUy entitled llleRtO. 19, Borrow..:'r. RiChtto ReinA.'t. Notwllhr.lamhng l.cnder.\ &l.....'elcrOltll..Hl i.,t the sl.lm~ sl'~urcd by lhl.~ Deed vI fru"'ot, Borrower du.ll havl' ~hc: righl 10 have ,my procc_cding\ begun by Lender 10 C'nf~)rce this Deed l)( Tr\l~l t!JscontllllleJ al any lune pnor to the earlier to occur .\If (1) the fifth dol) heforc the ..ale of the Propcn)' pursuant It) lhe powc-r of ~alc I.:nntaH\cd In thl!. Oeed of TrU$l Of (II) cotr-y of .. Judgmenl enfon:ing lhis Deed of TrUSl If t a) Borrower P"')'~ I ~ndcr all sum!> v,.hll.:h \HHlkl be then due Hnder Ihll [)reed or Trust, the N',lle and u(,Ie-s "Cc-U(Hig Future Adyanu:~. dallY, hatJ no ;.I~\clcralli.)n ,.x;i..urtcd (b) 8orCt)w-c, curc~ all bre.achc-1i of any other t:o\'cnants. or agrecmcnf\ n( Borrowcr i.:ontalllcJ In lhn. [)('cd ul l!u~t k) tluHowt'r pOly\ .all r-e-ast:mable c\pcnscs Incurred by Lcndt:f iwd rfU\I(~t' In t'flfi.\ruug the ...i.l'<('IlAnl':. anJ agri.'\'rIll'l1tJ. ,11 BOf(tl....('f c:onliune:d lT1 !hi, Deed of Tfu~t Olin! In ellforung (,clll.kl'" and Tru\h:'r'.;. rt'medlc' it'" PltlVI...kd In pMa~I,lph 1:<: hereof, mductlng. out fUJlllmlled to. rt:aM)n~ble atttJrn("~'\ fee". 4flJ (~1) l;kllhl.....t'J' t.ales <:.Udl adHlt\ a'lo I \711i.!t:f rn;.\}' r\.a....1n;!bh !('qwf(, 1.-' anutl;: thaI ,h~ h-C'l of thu Oe-eu of TlU';1 I f;ndc!'\ Hlte-rc\l In rhe P~0po('f"fy and BOfli.'"n'" .}hhgllIH\1l h' ;'~-l\ r