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I L 84 ---{}0283 0 9. Condellln8tlon. The proceeds of any award or claim for damages. direct or consequential, in connection witH any condemnation or other taking of the Prope~. or part thereof. or for conveyance in lieu of condemnation, are hereby assigned and sball be paid to Lender. In the event of a total taking of the Property, the proceeds shalt 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 proJXlrtion 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 io 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 tbe 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. to. Borrower Not Rete..... 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 j~terest. 11. Forbeannce by Lender Not a Waiver, Any forbearance by Lender in exercising any fight or remedy ~ereun~~r"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 aT the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's light to accelerate the maturity of the indebtedness secured by this Deed of Trust. 12. Rentedies Cumut.tive. All remedies provided in this Deed of Trust are distinct and cumulative to any oth~r, right or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, indepe:ndently'or successively. 13. Successors .nd Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements '-herein contained shall bind, and the rights hereunder shaii 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. Notice. Except for any notice required under applicable law to be given in another manner, (a) any not~ce 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 herei"~- al1~ (b) any notice to Lender sball 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,: Jor in; _this_ Deed of Trust sball be deemed to have been given to Borrower or Lender when given in the manner designated~",in, 15. UnifofDI Deed of Trust; Governing La,,'; Sevel1lbility. This form of deed of trust combines uniform covenants-.lor national use and non-unifonn covenants with limited variations by jurisdiclion to constitute a uniform security instrument covering real property, This Deed of Trust shall be governed by the law of tbe jurisdiction in wbicb tbe 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 provision. and to tbis end tbe provisions of the Deed of Trust and tbe Note are declared to be severahle. 16. Borrower's Copy. Borrower shall be furnisbed a conformed copy or the Note and of tbis Deed or Trust at the time of execution or after recordation hereof. 17. Trusler of Iho p......rty: Assamplio., Ir all or any part of the Property or an interest tberein is sold or transferred by Borrower without Lender's prior written consent,."exc1uding (a) the creation of a lien or encumbrance- subordinate -to this Deed of Trust, (b) the creation of a purchase mone'y,.security interest for household appliances, (c) a- transfer -by' ~~vise, descent or by operation of law upon tbe death or a joint tenant or (d) tbe grant of any leasebold interest of threeyeanorless not containing an option to purchase. Lender may, at Lender's option. declare all the sums secured by this Deed-of Trust,to_J;e 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 '-he 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 Trus~ shall. be_ at such,-ra~e_cll~, Lender shall request. If Lender has waived the option to accelerate provided in this paragraph J 7, and i.f BOrro.w~rj,s-_suc_cess(jf in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release_ Borrow~[__ from all obligations under this Deed of Trust and the Note. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of aeceleraHoD in accordance with paragraph 14 hereof. Sucb notice sball provide a period of not less than 30 days from the date the notice is mailed wilhin 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, Accelenlioa; Reme4ies. Except as provided in paraarllph 17 bereof, upon Borrower's """"b. of "ny cove_I. or al:fftlnent of Borrower in this Deed of l'rust, including the covenants to pay when due .Y su~ .cured by this'_Deed of Trust. Lender prior to acceleralion shall mail nolice to Borrower as provided in paraar.ph 14 hereof specifyi., 0) Ihe broach; (Zlthe action required to cure such breach; (3) a dale, not less Iban 30 days from lhe qlo Ibe DOIH:eis m.ledlo Borrower. by which such breach must be e..red; and (4) Ibal failure to cure such breacb on or before Ibe dIIte specified in th~ nome may result in acceleration of the sums secured by this Ileed of Trust and sale of the Property. The notice shall 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 default or any other defense of Borrower to ac..-eleration and sale. If th~ breach is not cured on or before the date specified in the notice, Lender at Leflder~s option lDay declare all of the sums secured by .his Deed of Trusl to be immediately due and payable "'ithout further demand and may in,'oke 'he power of sale and any other remedies permitted by applicable law. I.eQder shall be entitled to colle.... all reasonable costs and expenses incurred in pursuing the remedies pro"ided in this paragraph 18, 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 county in which the Propert)' or some part thereof is located and shall maD copies of such notice in the manner prescribed b)' applicable law to Borrower and to the other persons prescribed by applicable la,,', After the lapse of such time as may be required by applicable law, Trustee shall Ki\"e public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property b,)' public announcement at the time and place of any previously scheduled sale. I.cnder or Lender's desi&nee m8)' purchae the Property at any sale. Upon receipt of payment of the price bid, Trustee shall delinr to the purchaser Trustee"s deL'" COD,.'~)'ing the Propert,)' sold. The recitals in the Trustt.>e's deed shall be prima facie e,,-idence of the truth of the statements made therein. Trus.t~ shall apply the proceeds of the sale in tIw follo"ing order: (a) to all reasonable costs and expenses of the sale, incJuding, but not limUed to, Truslt.-e.s fees of not lOorc than %. of 1% of tbe gross sale price~ reasonable attorney's fees and costs of title e,'idence~ (b) to aJJ ~'Ums secured bl this Deed of Trust; and (c) the excess, ifany~ to the person or pt.'rsons IL'gall} entitled Ihereto. 19. Borrqwers Right to Reinstate. Notwithstanding Lender"s ~U:1.:elcration uf the- SUtll:-, ::-CCllrC'u by thi" Deed of Trust. Borrower shall ha'YC the right to have any proccl:dings hegun oy Lender to enforce this Deed of Trust Jiscontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuanl to the power of sule contained lfi this Dced of Trust or(ii) entry of a judgment enrorcing this Deed of Trust if: (.11 Borrower pays Lender "Ill sums which \\'ould be then (jue under this Deed of Trus.!. the Nme and no1es sc'-'lIring Future Adv~H1t..~s. If llllY. had no acCt'!cration o\:(.:un-l'd: (hI Borrower cure., all breaches. of any other covemlllts or agrcemcnl~ of Borrowcl (()ntnil)ed Hl Ihl"- Dc,x'd of Tru\1. Id Borrower pays aU reaSllHl;\hk e\pen$l~S iO....l.Irred by l.cndcr and Trmtct:, in cnfor.:ing tht' \.:ovl'n~m~51 llnd agrl~CmCnl~ i.ll' Borrower coni Joined in thiS Deed of Trml ~nd in toforcmg LC'ndcr\ and Tru'ite,,\ n:medh.:'). as pr\)\'ll.!e-d In p;uagDph J ~ hereof. including, but no! limited 10, reasonable attorney".; fee....; ,lnd (Jl Borr0wer tak.e" ",uch aCrll.'n a~ Lt.~U\.kr ouy n:"t"t1Jlahl, require h) as.~,ure that .he lill;n or this [)eed (If Tru"t. Ixnder\ irlten:'" !II Ih\' PrL~p-erty and Bonl.\wc:'\ (\hli,g1lIi,111 (I' P;l'