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87-104715 by this Aced of Trim ' y prior to the date of taking boars 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 abandoned by Borrower, or if, after notice by larder to Borrower that the condemnor offers to make an award or settle a claim for dermwes, Borrower falls to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and apply the proceed, at Le der's optit>e, dlhta to restoration or repair of the Property or to the stuns secured by this I;tied of Trust. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due data of the montldy installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. M So I no "Iblaasa/. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust by I mda to any successor in interest of Borrower shall not operate to rely, in any manner, the liability of the original Borrower and Borrower's in interest. leader shall not be required to commence proceedings against such successor or refuse to extend time for praymtm or odwwiw modify amoriaatiat of lice stems secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. 11. PeNwanee by lamer Nod a Welver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by aPpliabie kw, shelf not be a waive of or prechude the exercise of any such right or remedy. The procurement of insurance or the payment of tares or other hats or doges by Lander shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. 12. IRwei1M Cadrative. AB remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or afforded bylaw or equity, and maybe exercised concurrently, independently or successively. 13. 8neoeeears aM Aatttps hlowi; Jstint tai Sevsaed Liability; Captions. The covenants and agreements herein contained shall bind, and the rights haamola shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 hereof. AB covenants and agreements of Borrower shall be Mat and several. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 14. Noda. 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 shall be give[ by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Larder as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt requested, to Lender'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 Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 15. Uitllffierve Deets s f Trull; Governing law; Sevendillity. This form of dew of trust combines uniform covenants for national use and to -umkrm envaants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of Trost 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 Trust or the Note conflicts with applicable law, such conflict shall not affect other 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 Deed of Trust and the Note are declared to be severable. It. Bw wrsr's Copy. Borrower shall be furnished a conformed copy of the Note and of this Decd of Trust at the tim: of execution or after recordation hereof. 17. Transfer of Ilia Pro"ly; Assa{iden. 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 money security interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint terant or (d) the great of any daahold interest of three years or lets not containing an option to purchase, lender may, at Lender's option, declare all the sums secured by dies Deed of Taut to be ' immediately due and payable. Lender shall have waived such option to accelerate if, prior to the ask or transfer. Larder and the person to whirr the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to leader sad that the interest payable on the stuns secured by this Deed of Trust shall be at such rate as Lender shall request. If Lender has waived the option to acafeate provided in this paragraph 17, and if Borrower's successor in interest has executed a written assumpticei tit accepted in writing by Lender. Lender shall release Borrower from all obligations under this Deed of Trust and the Note. If leada exercism such option to accelerate, Lender shall trail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of not leas than 30 days from the date the notice is mailed within which Borrower may pay the sums declared that. If Borrower faik to pay such sum prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph A hereof. M