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I 84~ 003642 r 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 ror damages, Borrower fails to respond to Lender within 30 days after the da~ 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 J and 2 hereof or change the amount of such installments. 10, Borrower Not Released, Extension or the time for payment or modification or amortization of the surns secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shaJJ 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, timefor payment or otherwise modiry amortization or the sums secured by this Deed 01 Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. 11, Forbearance by Lender Nola Waiver, Any rorbearance by Lender in exercising any righ~ 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 acceleratelhe maturity of the-indebtedness,secured-,by this Deed or Trust. 12, Remedies Cumulative, All remedies provided in this Deed or Trust are distinct and cumulative to any other rightorreniedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively. 13, Successors and Assigns Bound; Jololaod Several Uabillty; Capdons. The covenants and agreementsbereincontajriedshallbind; and the rights hereunder shaH inure to, the respective successors and assigns of Lender and Borrower, subject to: the, prQVisioils :of parilgriapb' 17 hereof. An covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed. 'ofT~t. 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 notice to'Bortower"providec::tfodn this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at the Property-Address-orat'suc'roth,er-~ddi'ess as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given -by-certified m~~ Fe.tJjrD receipt requested, to Lender's address stated herein or to such other address as Lender ~} designate by notice_to Borrower,as:-provided_:herein..c,,Any_ notice provided for in this Deed of Trust shall be deemed to ~ave t:. given to' Borrower or Lender when given in the manner desi~ted:ber~n~ IS. Uniform Deed of Trust; Governing Law; Severability. ThIs form of deed of trust combines-uniform CG<Verliints,for ,I,latio~,use and non-uniform covenants with Emited variations by jurisdiction to constitute a uniform security instrument covering real property. -TbiSJ)eed of- Trust shall be governed by the law of the J",i.>diction 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 without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared to be severable. 16. Borrower's COPY. Borrower shall be furnished a confonned copy of the Note and of this Deed of Trust -at ,the time of execution or. <:ifter recordation hereof. 17. Transfer of tbe Propeny; Assumption. If all or any part of the Property or an interest therein is sold or transferred.- by Borrower- withom Lender's prior written consent, 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 tenant or (d) the gram of any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender'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,jf, pnor to the sale or nansfer. Lender and the person to whom the Property is to be soid or transferred reach agreement in writing that the credWof 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 ill this paragraph 17. and if Borrower's successor in interest has executed a written assumption agreement accepted in writing by Lender. Lender shall release Borrower from aU Obligations under this Deed of Trust and the NOte. If Ltender exerdses such option to a~celera[te, Lender shall mail Borrow!;:"f notice of acceleration in accordance with paragraph 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. L NON~UNIFORM COVENANTS. Borrower and Lender furt.her covenant and agree as follows: 18. Acceleration; Remedies. Except as provided in paragraph 17 hereof. upon Borrower's breacb of ~.Y.\c~v:e~(_;9t:,,_ap~_e,DI of Borrower in Ihis Deed of Trust, including the covenants to pay when due any SUlD1t secured by this Deed of ]'rust,.Leuder' Prio~,to-acCeleradOD shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the bnacb; (2) the action rrquired to cure 8uch breach; (3) a date, not less tban JO da)'s from the date of DOtice is mailed to Borrower, by which such breach mll5t ~ cured; and (4) that failure to cure sucb breach on or before tb~ date specified in the notke may resuJr in acceleration of the sums secured by this Deed of Trust and sale of tbe Property. The tioti.:e sbaJl rurther inform Borrower of Ihe rigbt to reinstate after acceleration and the rigbt to bring I coun action to assert the non~ existence of H default .or au)' olher defease of Borrower [0 acceleration and sale. If tbe breacb is Dot cured on or before the date specified in the notict'_. LE'_oder at Lender's option nUl)' declare aU of the sums secur-ed by this I)eN of Tru.Ilt to be immediately due and payable without furtber demand and mal invoke tbe power of sale and auy otber remedies pernUlted by applicable law. (....coder shall be entitled to collect aU reasonable cos;lo; and expenses iRcuned in pursuing the remedies prOvided in this paraJ(rapb 18, including, but not limited to, reasonable attorney's fees. If tbe_ power of sale is invoked, Trustee shall record II notice of default in each counly in which lhe Propen:r or some part thereof is located and shall mail copies- of such noUce in the manner prescribed by applicable la~' to Borrower and to the other persons prescribed by appUcable htw. After the lapse of such time as ma)' bt' required by applicable law, Trustet' shall gh.e public notice of sale to the persons and in the manner prescribed b)' applicable law. Trustee, without demand on Borrower, shall seU th~ Propert}' at public auction to the highest bidder at the time an-d pjnc~ and t;_ru1er thJ: lerms designated illlhe notice of sale in ont' or more parcels and In such order as Trust~ ma}' dt'termint:, Trustee ma)' rjQstpOnt~ sule ot' aU or aD)' JH1rcel of the Propert)' bl public announcement III the time llud plat'e of lln)' previousJJ' lH..heduied sale. Lender or Lender's designee m.) purchase tht Propert)' at aD)' sale. \;pon re<:eip! of payment of Ihe pric~ bid, Tmslt'C shall deJh-er to the pun..ba....er frUS!et"s dt"ed l'(HJH)inl( Iht" Property suld, i'bt' redtah in !he !ru~l~!s det'd .she!! be prima facie r.'dden!:!' ;>1 ihe truth. ut' tht' stAtements m-1!de thcr~in. Trust~ 'i.haH ~PV!} lhe prO'.:t'f,.'tb of the ;:!lk in all' foUovdn~ oroer: (II) 10 all r~~ooablt cost! IInd npcn~~ of the s...le,lndudlog. bUI not Ihnited 10, Trust{'t'~ fN;~:oi I)f nul '(!un' lhall of lht' gross sale j)ttce. ru!wJudde .l1ornt)"~ ft,~('S lind l'ost.s or titlt' nidenct"; lhl ~'} all ~Ulm: 'oN:un:o b~ 111b- H<<IUl). 10 th~ 'Pt"r,*on nr persons I~gan) enlitlt"d ill(rtl1~, '9 8iH'H.-lWn'" Ri2hllu R~inshHt~ ~,)!w)lh,.ian,J:jj~ i ,:nder " +..._';;,kl cJ. . !:i ,1 lJ;.;,: h~,-....c '~,I} i'H'\:~njul;t" h::.",u(', l') Lo",k! ,to enl!),u. UIl- 1 ired .': t,::h d.ij hdl)it' ilw ';.,,It; LI,t' Pn iR':ll~ p,~rq,arl1 (.j :~-:~' Pl,Wl'l hi ii' ~,;,,-!~r 1 \"dc; \.~ ill!,;