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87-- 104782 by this heed of Trust immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the procoads paid to Borrower. If the Property is abandoned by , or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim For dansion. Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect NO apply the proceeds, at I.Ander's oplicin, eMw to ressonticni or repair of the Property or to the sums secured by this Deed of Trust. Unless Leader and in writing, any such application of proceeds to principal shall not externs or postpone the due tie of the monthly Installments referred to in paragraphs I and 2 hereof or change the amount of such installments. A Beeewer Not Relased. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Leader to any succesw in ' interest of Borrower shall not operate to release, in any marmot, the liability of the original Borrower and Borrower'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 ansoffizatkin of the stuns secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. 11. Fesranwoe by Lands r NM* Wahw. 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 lures or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. 12. Remedies Cassailladve. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively. 13. Secommors and Aselps lomd; Jew aed Several 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. All covenants and agreements of Borrower shall be joint 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. Netdoe. 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 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 Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any Mice provided for in this Deed of Trust shall be decined to have been given to Borrower or Lender when given in the manner designated herein. 15. UnIferve Dad of TtM; Goverialing saw; SeversiMly. This form of decd of trust combines uniform covenants for national use and ton- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of Trust shall be governed by the law of the jurisdiction in which the Property is located. In the event that any provision of 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 ?dote which can he given effect without the conflicting provision, and io this end the provisions of the Deed of Trust and the Note are declared he severable. 16. Borrowtr's Copy. Borrower shall be furnished s conformed copy of the (Vote and of this feed of Trust at the time of execution or after recordation hereof. 17. Trattatdw of the Frop"; Assessiptim. If all or any part of the Property or an interest therein is scald or transferred by Borrower without Lender'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 tenant or (d) the grant of any leavehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, declare all the sum secured by this Dad of Trust to be immediately due and Dyable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Leger and the person to whom the Property is to be sold or transferred teach agreement in writing that the credit of such person is satisfactory to Lender and that the interest payable on the sums secures by this Decd of Trout shall be at such rate as Lender shall request. If Leader has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest ties executed a writteo assumption agreement accepted in writing by Leader, Lender shall release &DrrOwer from all obligations under this Ieed of Trust and the Note. If lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 16 hereof. Such notice shall provide a period of not dens than 30 days from the date the notice is mailed within which Borrower may pay the sums declared doe. If Borrower fails to pay such sums prior to the expiration of such period, Leader tray, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 1& hereof.