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84~ 004551 r I 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of tbe 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 DeedofTl11st, with the excess, if a . to Borrower, In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree jn writ there shail be applied to the sums secured by this Deed of -Trust 'Sucb p~oportion. of~h~:_'pr~~~ as is equal to that pro n which the amount of the sums secured by this Deed of Trust immediately prior to-tlledaieof taking bears to the fair market value of the Property immediately prior to Ihe date of taking, with the balanceoftheproceeds paid to Borrower. _ _, _ - ,',_ _,_n_ '_ -~ If ihe Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers tOlllake an award or settle a claim -for damages, Borrower fails to respond to Lender within 30 daY$- after- the--date c~uch'-_n~ttc~>i,s mailed, Lender is authorized to collect and apply the proceeds, at Lender's option,_either to restoration-or'-rep~ir--'of~;~b~ 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 QOt' e~-~d or postpone the due date of the mpnthly installments referred to in paragraphs I and 2 hereof or change-theamount,."f such installments. 10. Borrower Not Released. Extension of the time for payment or modification of amortization of the-sums_-seclJr~(t by this Deed of Trust granted by Lender to any successor in interest of Borrower shan not operate to releas~i-j_n any :manl1:e:r~-:;- tbe liability of the original Borrower and Borrower's successors in interest. Lender shall -not be_ required ~to cQI'l)menc::_~ ,- 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 suc.cesso~~ in-jnterest~ 11. Forbearan<e by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy.hereunder,pr otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise. of any .uchright or ,emedl', The procurement of insurance or the payment of taxes Of other liens or charges by Lender shaH not be a waiver'of.'Lender:~s right to accelerate the maturity of the indebtedness secured by this Deed of Trust. 12. Remedies Cumulative. AU remedies provided in this Deed of Trust are distinct and cumulative 10' any other right or remedy under this Deed of Trust or afforded by Jawor equity, and may be exercised concurrently~ indepc:;ndently,oT- successively. 13, Successors and Assigus Bound; Jolnl and Several Liability; Captions, The covenants andagteements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of -Lender and U<?rrower, 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 E.- 'en in another manner, (a) any notice to Borrower provided for in this Deed of Trust sball be given by mailing 5:,--:1-., Doti- .iy certified mail addressed to Borrower, at th~ Property Ad.dress or at such other address a;; Borrower may des;,,; ,!e 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 statesuch 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; Governing Law; SeverabUity. This form of deed of trust combines u-niform covenants-for national use and non-uniform 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 dause of this Deed of Trust or the Note conflicts with applicable law, such conflict shaU 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. Borrowe~5 Copy. Borrower shall be furnished n conformed copy of the Note and of this Deed of Trust at the time of execution or after recordation hereof. 17. Transfer of the Property; Assumptloo, If 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) 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 grant of any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option. declare all tbe 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 8S lender shall request. If Lender has waived the option to accelerate provided in this paragraph J 7, and if Borrower's successor in interest has executed a written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all obligations uuder this Deed of Trust and the Note. If Lender exercises such option to accelerate, Lender shall mail Borrower 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, NON~UNIFORM COVENANTS. Borrower and lender further covenant and agree as foHows: 18. Accelel1ltion; Remedies. Except as provided in paragraph 17 hereof, upon Borrowers breach of any \:ovenant or agreement of Borrower in this Ileed of Trust~ including the covenants to pay when due any sums secured by this Deed of Trust, l.ender prior to acceleration shall mail noUce to Borro".er as provided in paragraph 14 hereof specifying: (1) the breach; (2) the action requin-d to cure such breach; (3) a date, nut less than 30 days from the date the notice is mailed to Borrower, by which such brf'8ch mw.1 be {'ured; and (4) that failure to cure such breach on or before the date specified in the noUct." maJ result in acceleration of the sums secured by this need of Trust and sale of the Property, The nolke shall further inform Borrower of the right to reinstate after aC'celeralion and the right to bring a court action to assert the non~existence of a default or an)' other defense of Borrower to aCl'eleraUon and sale. If the breach is not cured on or befon:' the dale- specified in the notice, tender at Lender's option may declare all of the sums s~ured by this Deed of Trust to be immediately due and payable without further demand and may in\'oke the power of sale and any other remedies permitted by applicable law, Lender shall be entitled to collect aU reasonable costs and expenses incurred in pursuing the remedies pro,'ided in this paragraph 18, including, but not limited to, reasonable attorney's fees. I( the power of sale is invoked, Trustee shall record a notice of default in each county in which the Property or some put thereof is located and shall mail copies of such notice in the manner prescribed b)' applicable Is". (0 Borrower and to the other persons prescribed by applicable la",.. After the lapse- of su,'h time as mal be required bJ applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed bJ applicable Jaw. Trustee. without demand 011 Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms desi~naled in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of aU or an)' parcel of tbe Property by public announcement at the- time and place of Bny previously' seheduled sale, lender or I..nd.r's designee may purcbase tbe Property al any sale, Upon receipt of paJment of the prk'e bid, Trustee shall deli\'e-r to the purchaser Trustee's deed cuO\'c)-ing the ProP(Tt) sold. n.e recitals in t~ Tnash.-e's deed shall be prima fade c\'ide-nee of the truth of the statements made therein" Trush,'C shall apply the proceeds of the sale in the following order: (3) to aU re.asonable l'(},st!'l and expenses of the sale, including, but I\ot limited to-. Trust~'s fl"CS of net mure than lh of 1% of the gross sale- prit..~, rc-a.wnable attornc~.'s floes aud costs of title c\iidenl'l'"; (b) luaU sums secured b~ this need of Trusl; and (C) the eXCl'SS. if all)' . to the person or ~rsons k>guUy e-ntiiit'd uu:rcio" 19. Borrower's Riehl to Reinstate, Notv.-ith~tanding Lcnuer's :\C\:clcr.ltion pI the ~unh ~l'(Ur~J ~y thiS Deell lA Trml. B(lrrOWer shall have the right to have any proceedings begun hy Lender 10 enfur~c this DeeJ of Tf\lSl {~isconllnllC"~ al any time prior to the earlier to occur of 0) the fifth day bcfon,~ the "ak lJf the P[(\pcrlY pursuant to the power ot sale cont.uoed in this Deed of Trust Of (Ii) entry of a judgment enforcing this Deed of Trus.t if: (.tl Borrower paY$ Lendl'f all sums. whi(h \h)uld he then due under thiS Deed (If Trust, the Note und noh:-, sC~lIring FUlurc Advam:c~, if <lny, hltJ no ~Kcelcratjl1n (lccun....tL (bl !klrrowcr cures all hrcat'hc~ \)r any i.1ther co\'cnanh Of ;tgrccrncnh I,f Bl..lITO\....CI \.'nntaillcJ in thlOl Del.'d \'\f Tru\t: (c) Borrower pay.. all rCJ'ionable t'xpcos(.'':O incurred hy Lcndcl and Trtlst~(' in cnfon:illg the l'O\'l"IHUlts anJ ilgft'l'mCllb t11 ROffowe:r contained in this Der.d of Tru':ot <llld ill cnfordng L('nder's and TnhIC(:'s n.'mC'dic~ ;:l" Phwidcd in P;ln\gr:J.ph 1,1.\ hcrc,?r, induding., but not limited 10. .reasonable, ;-~ttorm~y'.. fees; and (J) Borrower takes. \u<,:h nctit1H as I-:-endcr ma.... rl~~l"\.)flab') rcqtltre to assure that the tien ~~f thiS Deed 01 f'nlsL Lender', inlcH~;,~ 1ft tIll.: Ptopeny <IOJ HOfn.n\-t.'t\ "bhgatl\.'l\ h! p.\\