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87- 104662 by 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 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 fop dauseges, Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and aptpty the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Ualm Lander and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due data of the niestift instaftents referred to in paragraphs 1 and 2 hereof or change the amount of such installments. 39. Beesswer No 10d aeetl. Extension of the tune for payment or modification of amortization of the sums secured by this Deed of Trust posed by Lander to any staticenor in ' mterest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's in interest. Lender shall act be required to commence proceedings against such successor or refuse to extend time for paysarist or offinvive modify amortization of the suns secured by this Deed of Trust by reason of any demand made by the original Borrower and 's sucioessors in interest. 11. Freb eruase b Lewder Net a Welver. Any forbearance 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 procurement of insurance or the payment of taxes or other liens or charges by Lender shad not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Dead of Trust. 12. lResseftas Caraallive. Alp remedies provided in this Decd of Trust are distinct and cumulative to any other right or remedy under this Dean of Tarn or afforded by law or equity, ad may be exercised concurrently, independently or successively. 13. 9eoawetsred Adpe Be said; 7ala tai Notes LJdYMy; Captions. The covenants and agreements herein contained shall bind, and the riffs bertruider shall inure to, the respective suers and assigns of Lender and Borrower, subject to the provisions of paragraph 17 hereof. All covenants and agreements of Harrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Truest are for convenience only and arc vat to be used to interpret or define the provisions hereof. W Naples. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shad be given by trailing 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 herein, and (b) any notice to Lender shall be given by certified mail, return receipt requested, to Lerdar's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Dead of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 15. U IN Deed of Trans; Coversfg Law; Snersbdky. This form of deed of trust combines uniform covenants for national use and peon- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of Test sW 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 Trust or the Note conflicts with applicable law, such conflict shall not affect alter 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 Dud of Trust and the Note are declared to be severable. 16. baewss & Copy. Borrower shall be furnished a conformed copy of the Note and of this Deets of Trust at the time of execution or after recordetion hereof. 17. Tesnsft of the Pnprry; Aseaseption. if all or any part of the Property or an interest therein is sold or transferred by Borrower without Leader'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 mosey secturity interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint temtst or (d) the grait of any lessebold interest of three years or leas not containing an option to purchase, Lender may, at Lender's option, declare a0 the sum secured by this Dead of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if, prior to the tam or transfer, Laider and the person to whom the Property is to be sold in transferred reach agreement in writing that the credit of such pesos is satisfactory to leader and that the itacrest 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 in writing by Lender. Lender shall release Borrower from all obligations under this Deed of Trust and the Noe. If lei exervises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such ice 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 deep. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand un Borrower, 'invoke any remedies permitted by paragraph IS hereof. M