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I 87• 105404 tW thuo DQW of Trust isnawbourly prior to the date of taking hears to the fair market value of the Property item ' taly prior to the date of taking, with the balance of the proceeds paid to 11mrowesr. If the Property is aboodomid by Borrower, or if, after notice by Leader to Borrower that the condemnor offers to snake an award Of Bettie a claim for , Borrower fails to respond to Leader within 30 days after the date such notice is majlal, ('...ender is authorizes to coilect and apply the prossiside, at L 's option, either to restoration or repttir of the Property or to the sums secured by this Dead of Trust. Unless Leader and Borrcnver otherwise agree in writing, any such application of proctiods to principal shall not extend or poet the due date of the thly installmstrus referred to in paragraphs 1 and 2 Woof or cheap the amount of such imaillmoOM 10, Borrower Not III law@ 1. Extension of the time for payment or modification of amortixatiam of the sums soured by this Dead of Trust pramod by Looder to any successor in Interest of Borrower shall not operate to roloaee, in any manner, the liability of the original Borrower find Borrenam's viccesnors in interest, Lerner shall not be required to commatce procoediftgs against such successor or refuse to extend time for payouriat or otherwise modify junwittation of the sums secured by this peed of Trust by reason of any demand made by the original Borrower and rower's successors in interest. 11. Fare by Loader Note Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by law, shall amt be a waiver of in preclude the exercise of any such right or remedy. The procurement of insurance or the payment of tam or otter (its 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. Rome" Canalative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust of affords by law or equity, and may be exercised concurrently, independently or successively. 13. ftwireasmand Boond; Jolat ttaid SaverN LiabiNty; Cope a ss. 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 peed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 14. Nom. Except for any notice required under applicable law to be given in another manner, la) 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 ;tr at such other address as Borrower may designate by notice to lender as provided herein, and (b) any notice to Lender shall he given by certified mail, return receipt requested, to tender's address stated herein o., to such other address as Lender may designate by notice to Borrower as provider( herein. Any notice provides for in this Dead of Trust shall be deemed to have been given to Borrower or lender when given in the mamter designated herein. 15, Valfars Deed of Trawl; Govern4ag Law; SeveraMilky. This form of dead of trust combines uniform covenants for national use and nonuniform 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 or clause of this teal of Trust or the Note conflicts with applicable taw, 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 shalt be furnished a conformed copy of the Note and of this feed of Trust at the time of execution or after recordation hereof. 17. Traaafa of the Property; AeseAvithen. If all nr any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent, excluding fa) 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 leasehold interest of three years or less not containing an option to purchase. Lender may, at Lender's option, declare all the sums secured by this Deed of Trust to he immediately due and payable. Lender shall have waived such option to accelerate if, prior to the safe or transfer, Lender and the person to whom the Property is u, 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 ties executed a written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all obligations under this Deed of Trust and the Note. If Lender exercises such option to accelerate, tender 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 dux. If Borrower fails 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 IA hereof.