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87-104676 by this 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 takiall, with the balance of the proolseds paid to Borrower. If tea Proparty is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a �A for 4WAps, ftTQM f" to Mpmd to Under within V days after the date such notice is mailed, Lender is authorized to collect and L apply the proceeds, at Leader's option. either to restoration or repair of the Property or to the sums secured by this Deed of Trust. 1 UFAM Lander and Borrower otborwix spot in writing, any such application of proceeds to principal shall not extend or postpone the due due of the monthly 6sballments referred to in paragraphs i and 2 hereof or change the amount of such installments. W Nwaewer 1Wr Released. Fixter Sion of the time for payment or modification of amortisation of the sums secured by this Deed of Trout SrWA by UaW to my Kamm in Wwo of BmTower shall tux operate to release, in any tllallttcr, the liability of the oriental Borrower and Borrower's sus in interest. Leader shalt not be required to commence proceedings against such successor or refuse to extend time for PAYMM or ttherwdse modify amortization of the Fums secured by this Dyad of Trust by reason of any demand made by the original Borrower no 'a in hntem. U. Faboamae h Lefler Nat a Waha. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall tmt be a waiver of or preclude the exercise of any surh right or remedy. The procurement of insurance or the payment of tacks or other has or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of th^ indebtedness secured by this L)eed of Trust. 12. (iMM@dke CL�. Ali remedies provided in this Deets of Trust are distinct and cumulative to any other right or remedy under this Deold of Trust or afforded by law or equity, and may be exucised concurrently, independently or successively. 13. gaeann 1 and Assign 111esail; Joint and Several Usilift, Captfoss. 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. AN covessaaft and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust we for convenience only and are not to be used to interpret or define the provisions hereof. la. NOON. 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 Trust shall be givtm by matfing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Linder as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt requested. to 's stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provtdad for in this Dad of Trust shall be docatiod to have been given to Borrower or Lender when given in the manner designated herein. Ili. Uniform /ha+oel Trace. Goverslies Low; Sevenkbilky. This form of deed of trust combines uniform covenants for national use and non- unifarre covenants with bestuted variatiom by jurisdiction to constitute a uniform security instrument covering real property. This Deed of Trust sW be pwaved by the law of the jurisdiction in which the Properly is located. in the event that any provision or clause of this Deed of Trust the NWe conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust Or the Note which can he given effect without the conflicting provision, toad to this end the provisions of the Deed of Trust and the Note are declared to be severable. 16. Denaeier9 Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at she time of execution or after recordation hereof_ 17. Trander of tie Property; Assaamptless, if all of any part of the Properly or an interest therein is sold or transferred by Borrower wither 's prior written consent. excluding (a) the creatfott 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 teraw or (d) the grunt of any Waschold interest of three years ter less not containing an option to purchase, lender may, at 1 ender's option, declare all the sum muted by this Doted 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 Pr(nmty is tot be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the uncross payable on the sums cured by ibis Deed of Trust shall be at such rate as Lender shall request. If L.efldet 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 shaii release Borrower from all obligations under this Deed of Trust and the Note. If leader exercixs 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 true. If Borrower falser to pay such sums pry to the expiration of uich period, Leader may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph lg hereof.