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#7 1046 2 9 by this Dad of Trust immediately prior to the gate of taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of that 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. Borrow fatils to respond to iffier within 30 days after the date such notice is mailed, Lender is authorized to collect and apply the proceediii at Lender's option, either to restoration or repair of the Property or to the sums secured by this Decd of Trust. tl Lander and Borrow otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due daft of the monthly bmUghumu referred to in paragraphs 1 and 2 hereof or change the amount of such installments. W Ow owes Ned 2deaeed. lixtession 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 snail not operate to release, in any manner, the liability of the original Borrower and Dorrom's successors in interest. Lander shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the stuns secured by this Deed of Trust by reason of any demand made by the original Borrower and 'a successm in' 111. Fssbaanieve by Lmslor Nat a Wahm. Any forbearance try lender in exercising any right or remedy hereunder, or otherwise afforded by qVilicable 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 Lerida shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. 1=. 111s wee" C vt• AB remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Dead of Try or afforded bylaw or equity, acid maybe exercised concurrently, independently or successively. 13. Swettsseera said Aadps Maud; JWW staid Sesawl ; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder "U inure to, the respective succors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 hereof. All covenants and weemenits of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust tare for convenience only and we not to be used to interpret or define the provisions hereof. 14. Noidee. Except for any notice required under applicable law to be given in another manner. (a) any notice to Borrower provided for in this Dead of Tract shall be given by mailing such notice by certified trail addressed to Borrower at the Property Address or at such other address as Borrower may designot by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt to Lender's +trots stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be downed to have been given to Borrower or Lender when given in the manner designated herein. IS. Utat Dad of Trost; Gaverahag Lew; Stiveraboy, This form of deed of trust combines uniform covenants for national use and run -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of Trust shag 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 True or the Nate conflicts with applicable law, such conflict shall not affect other provisions of this Iced 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. IC No oven's Cep). Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or after recordation hereof. 17. T i nhe of die P opssty; Assissimpolets. 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 hen or encumbrance subordinate to this Reed of Trust, (b) the creation of a purchase Morey security interest. for bouseho4d aapliances. (c) a transfer by devise, descent or by operation of lain apart the death of a joint team or (d) the grant of any Wambold interest of three years or less not containing an option to purchase. Lender may, at Lender's option, declare all the sum secured by thde Dead of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if, poor to the sale or trander, Lender and the persona to whom the Property is to be sold or transferred reach agreement in writing that the credit of psch person is satisfactory to Leader 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 in this paragraph 17, and if Borrower's successor in interest has executed a written assumption agreement accepted M writing by Lender, Lender shall release Borrower from all obligations under this Reed of Trust and the Note. if L. such option to accelerate, Lender shad! mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of tart less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared date. LP fade tot pay such Va= prior to the expiration of such period, Lender may. without further notice or demand on Borrower, invoke any resnedies permitted by paragraph 1g hereof. 1AMW is iwlpae a im pttraI ore Property M try de. up" Molpt of peyeaswt of as pees hol, Trnaae vas to On purrhaster Trmits's deed conveying the Property sold. I he rtcftob in