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80.-~U~9~' `' ~.. $~~~~~~ 9. Corukmnalbn. The proceeds of any award or clatm for damages, direct or consegaenuah m connection wih any 'condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shag be paid to Lender, In the event of a total taking of the Property, the proceeds shall Fie applied to the sums secured by this Deed of Trust, with the excess, if any, paid [o Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, [here shall he applied to the sums secured 6y this Deed of Ttvs1 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 !?ears to the fair market value of the Property immediately prior to the date of taking, with the 6a!ance 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 [he mon[hl}• installments referred to in paragraphs ! and 2 hereof or change the amount of such installments. 10. berroaer Not Released. Extension of the time for payment or modification of amor:ization 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: 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 Ttvs[ by reason of any demand made by the original Borrower and Borrower's successors in interest. 11. Forbeaorrce by Lender Not a Waives An}• Iorbearance 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 procu[ement 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 Cumubtfive. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under [his Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively. 13. 3ucceaeors and AssiEas Bound; Joint and Several Liability; Captions. The covenants and agreements herein 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. .411 covenants and agreements of Borrower shall he joint and several. The captions and hgdings of the paragraphs of this Deed of Trust are for convenience only and are not to he used to interpret or define the provisions hereof. i0. Notke. Except for any notice requrred uncles applicable law to he given m another manner, Ial any notice to Borrower provided for m this Deed of Trust shat! be given by matting such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by ^otite to Lender ns provided herein, and (b) any notice to 1_ender shall be given by certified mail, return receipt requested, to Lender's address stated herein or to such other address as Lender may designate try noose ro Borrower as provided herein. Ao} notice provided for in this Deed of Trust shall !x deemed to have been given to Borrower or 1_ender when given in the manner designated herein. 15. Uniform Deed of Trust; Gorerniu6 Law: Severabilih•. This form of deed of mist combines uniform covenants for national use and non-uniform covenants with limbed variations 6v !urisdicuon to constitute a uniform security instrument rnvering real property. This Deed of Trust shat! he governed by the law of the yurisdiction in which the Property is located. In the event [ha[ any provision or clause of this Deed of Trust or the Note conflicts wnh applicable taw. such contiicr shall not affect other provisions of this Deed of Trust or the Note which can he 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 conformed copy of the Note and of this Deed of Trust :u *.he time of execution or after rewrdation hereof. 17. Tratmfer of the Property; Assamptbn. tf old or am• part of the Pmperry or an interest therein is sold or transferred by Borrower without Lender's prior written consent, excluding (a) the creation of a ;ten or encumbrance subordinate to this Deed of Trust, {b) the creation of a purchase money security interest for household appliances, t c? a transfer by devise. descent or by operation of ]aw upon the death of a joint tenant or Lender may, at i.ender's option, declare ail the surtu secured by [his Deed of Trust to he immediately due and payable. Lender shall have. waived such optton to accelerate it, prior to the sale ter 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 zhe sums secured by this Decd of lYust sira!I he at sack rate as Lender shall request. If Lender has waived the option ro accelerate provided in this paragraph ;'. and ,f Borrower's wccessor in interest has executed a written assumption agreement accepted m wrung by Leniler, Lender shall seieaae Borrower from all obligations under this Deed of -Trust and the tote. If Ixtider exercises such option to aceelerate. i_znder shall mail Borrower nottCe of acceleranon m accordance with paragraph Id hereof. Such notice shall pmv,de a period of not Tess than 30 days from the date the nouce is mailed within which Borrower may pa}• the sums declared due, ff Borrower Fads to ns} such sums pnar u? the expiration of such perEed, Lender map, without further notice or demand on Borrower, invoke any remedies permitted by paragraph ! g hereof. Norv-UNtroRnt Coverv,snts. Harrower and ...ender turther covenant and agree as follows. l& Aneleralbo: Remedies. Except as provided in paragraph t7 hereof, upon Borrower's breach of any covenant ur atreealeat of borrower in this Deed of Trust, including the covenants to pay when due an} sums secured by this Deed of Traci, Lender prior to accekratioa shall nail notice to Borrower as provided in paragraph 14 hereof specifying: 1t) the breach; i2) the action required to cure such breach; t3l a date, oot less than 311 days in.m the date fhe notice is mailed to borrower, by which such breach nicer he cured; acrd tJ) that failure to cure such breach on or before the dale specified is the notice may rdWl fa accekralion of the sums secured by this Derd of Trust and sale of the Properly. The notice shay further inform Borrower of the rithl to reinstele after accelera[an and the rig6! to bring a court action to assert the non-ezisfeace of a defaup or an} uthrr defense of Borrower to acceleralbn and sale. If the breach is oat cured oa or before the date specified iw the notice, Ixnder at ixirder's opfion may declare aB u[ the sums secured by this Deed of TrusE to 6e imaredia/ely due and payable without furlhv demand and may inwke the power of sale and an+ other reoedies permitted by applicable law. Lender shall 6e eoritkd to eaikct aH reasonable costs and expenses incurred in pursuing the rearr:dles provided in [his paragraph 1g, includirrR, 6uE not limited to, reasonable attorney's fees. tithe power of sale is invoked, Trustee shag mord a notice of default in each county in which the Property or some part thereof is heated and shall mail copies oC such notice in the manner prescribed by applicable law ro Borrower and :o the other poisons prescribed by applicable taw. After the lapse of such time as may be rryuired by applicable taw, Trustee shall give: patttlic notice of sale to the persons and in fire manner prescribed by applicable law. ~ Trustee, without demand ou borrower, v1ra11 seN the Property W public auction to the hi6best bidder at fhe time and place and under the trrnu designated is rite notice of sale iw one or more parcels and in such order as Trustee may determine. Trustee ma} postpone safe of all or nay pared of the Property by public anoouacearrnt at the time and place of any previously scheduled sale. i.ender or I.ewder's may pwchtrse the Properly al nay sale. Upon receipt of payment of the price bid, Trustee shag deliver to the purchaser Trustee's deed convening the Properly sohL The recifab io the Trustee's deed shall 6e prima facie evidence of the truth of the ctateutent4 made therein. "Trustee shall apply' tk proceeds of *.he sale is the fotbwr'p~ order; ta) to alt reawnabk costs and expenses of the sale, inctndinR, but not Bruited fo, Truslee's fee. of not more than ~.,/ L Of 1 "o of fhe gross sale price, reasonable attorneys fees and costs of title evi4ace; (b)ra all sums secured by this Deed of Trust; and /c) the excess, if any, to the persrrn or persons legally enli0ed thereto. 19. borrower's Right to ReirWate. Notwttl[standmg Lcnder•n aceeieration oC the sums ,eurrcd h}' rho Iyetd of Int,t. Borcc>wer shall have the right to have any proceedings begun by Lender io rnfa:cc thi> Decd of Trust ;hscommucd ni any iirne prior to the earlier to txcur of #it the frith stay ttcforc the sale ni the Property pursuant :~~ the power of sale eautained in tfiis Deed of Trust or fib entry of a jcdgment enforcing this Decd of Trust i!': ial Borrower pn}> 1 ender aft sum. which would he then due ender this Deed of Trust the Note and notes aen,nng Future Advanecs, !! am. had no a, cclcratwn occurred. ih) Borrower cures tdi breaches of ant other co+enants cu agreements .,I [3utrowcr cs,r.taincd m this ,')red ,~f lnr;t. (e) $orrower pays tt91 reasonable expenses incurred by Lender and manatee in rnforang the couna:as :nod agrccrners n Borrower contained in this Deeil of Tryst and m enforcing l.endet's .rod Trustee', rcmedics as proxided in paragraph iR hereof, including, but not limited to, reasonable =rttorncy's fees; and tJi Bo:::+wcr takes .udr ac: n,n as t order m:q ices=+nairlt require to assure that the lien of this bred of Trust, i.cnder's i;nerc.t u, nc~ Prot%cr} .rna Borrower's .,Irlrg:~uun ,,. pr.