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7 1 364 by this DIWof Trust immediately prior to the date of taking bear% to the fair market value of the Property immediately prior to the data of taking, with the balance of the prods paid to Borrower. If tea 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 for Unw. Borrower fails to respond it) Lender within 30 days after the date such notice is mailed, Lender is autlroilmd to collect and apply tea proceeds. at . is option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Voloss Leader and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due data of the toourthly installments referred to in paragraphs I and 2 hereof or change the amount of such installments. It Not Illiflovissal. Extension of the time for payment or modification of amortization of the sums secured by this leered of Trust by Leader to tmy successor in interest; of Borrower shall not operate to release, in any manner, the IiabUity of the original Borrower and Borrower's successors in interest, Lender shall not he required to commance proceedings against such successor or refuse to extend time for or otherwim modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. 11. Forlsoverissice by battier "a Waiver. 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 tastes or other liens or charges by Lender shall not he a waiver of Lender's right to accelerate ditc maturity of the indebtedness secured by this Dood of Trust. 12. Shesse"Ciansailadvv. All remedies provided in this lid of Tn)st 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. Successors ood Asollisso Ignited; Joint sad Several UsbUlty; Capdoat. 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 tweet. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Decd of Trust are for convenience only and are not to he used to interpret of define the provisions hereof. 14. Nadu. 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 mailing such notice by certified mail addressed to Borrower at the Property Address of at such other address as Borrower may designate by notice to Lender as provided herein, and (h) 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 oci ice 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. UMforns heed of Trent; Governing Law, SeveraLNgly. This form of decd of trust combines uniform covenants for national use and roan- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Lew of Trust shall be governed by the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this teed 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. 16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or after recordation hereof. 17. Trawler of the Property; Assiamption. if all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent, excluding (a) the creation of a hen 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 leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, declare ell the sums secured by this Deed of Trust to he immediately due and payable. Lender shall have waived such option to accelerate if, prior tothe sale or transfer. Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest 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, Leader shall release Borrower from all obligations under this Deed of Trust and the Note. If leader exercises 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 date. If Borrower faits to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof.