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F;E RFi.�Rp�� 87- 1044178 87- 104676 by this Deed of Trust inismedlestaly, prior to the data 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 aboulloned 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 Larsder within 30 days after the date such notice is mailed, Lender is authorized to collect and apply the paooee-4 at Leader's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. !lieu Lender and Borrower otborwitse agree in writing, any such application of proceeds to principal shall not extend or postpone the due data of the moveft haudliments referred to in Paragraphs 1 and 2 hereof or change the amount of such installments. I& /tenser Not 1111eleteti of the titer for payment or modification of amortization of the sums secured by this Decd of Trust Bled by Lender to any successair in Interest of Borrower stall am operate to release, in any manner, the liability of the original Borrower and Borrower's successm in interest. Lender dell not be required to commence proceedings against such successor or refuse to extend time for psymm or odwwte modify amortization of the suttts secured by this Deaf of Trust by reason of any demand made by the original Borrower and Btrrowees viscomisors in interest. Il. Peabearamee b L Wer hots Waterer. Any forbearance by Leader in exercising any right or remedy hereunder, or otherwise afforded by appilcable law, "m be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxer or Other ficas or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Dead of Trust. IL iii• fit. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trot or afforded by low or equity. and may be exercised concurrently, independently or successively. 13, Suci eetast and Aedgas beemilt JeM tad Sa7wd ; 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. AB covenants and of Borrower shaft be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and an not to be used to interpret or define the provisions hereof . IC MngWL E=opt for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Dad of Trust sW be given by mal1ing such notice by certified mail addressed to BorroAct et the Property Address or at such other address as Borrower may daigneft by notice to Leader as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt requiristsiC to Leader's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any node provided for in this Hesd of TruK shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. YJ, L4110sm Decd of Tern; Ge seeing law; Severallift, This form of deed of trust combines uniform covenants for national use and rion-unifortia covenisms with Heaked varlisdons by jurisdiction to constitute a uniform security instrument covering real property. This Deed of TYwt shay be Save atd by the law of the Juristlibcdon in which the Property is located. In the event that any provision or clause of this teem of Trust or the tots conflicts whh applicable law, such conflict shads not affect other provisions of this Deed of Trust or the Note which can be given of en wkhout the , and to this end the provisions of the lid of Trust and the Note are declared to be severable. lei. buiewin a Capp, Borrower %MU be furrusherd a conformed copy of the Note and of this Deed of Trust at the time of execution or aft recordation hereof. 17. Tetatl4r at 1a Pi"all, Assumption. if aU or any part of the Property or an interest therein is sold or transferred by Borrower wkbOut Leader's prior wrhten WNW, Odudiv4 (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the creation of a purchm money no aft kWW for household appliances. (c) a transfer by devise, descent or by operation of taw upon.. the death of a joint seem or (d) the peat of any lemehold interstat of throe years or lase not containing an option to purchase, U. ndcr may, at Lender's option, declare atl the seem secured by this Deed of Truer to be immediately due and payable. Lender shalt have waived such option to accelerate if, price to the ale or transfer. Limiler and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of suck;-1 , is story to Under and that the interest payable on the stems serum by this Deed of Trust shall be at such rate as Lender shall request. If Leader has waived the OP OM to accelerate Provided in this paragraph 17, and if Borrower's successor in interest has executed a writes assiumpOon agreement accepted In writing by Leah, Lender shall release Borrower from all obligations under this Deed of Trust and the iote. If Lender sees cis such option to accelerate, Lender &half mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notes shaill ptovide a period of PAR less than m days from the date the notice is mailed within which Borrower may pay the sums declared doe, if Borrower fait to pay nub ate prior to the expiration of such period, Lender may, without further notice or demand on Borrower. fnvoka any by Paragraph 16 hereof,