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by this Deed of Trost 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 Istalam of the PFCKW& paid to Portowin, It the property is abandoned by ""rower, or if, after notice by Lender to grower that the condemnor offers to melee on award or Mile a don for damages, Narrow fails to respond to Lender within 30 days after the data such "ice is mailed, Leader is authorized to col t and apply the procorb, at tender's option, either to restoration or repair of the Property or to the sums sarured by this Diced of Trust. Ualsea Leader sued Btrrowsar otherwise agree in writing, any "Wis application of proceeds to principal shall not extend or postpone the due of the musathly Wetallmonts referred to in paragraphs 1 and 2 hereof or cb#W the moms of such installments. W N4t Rokwd. Extension of the time for payment or modification of Amortization of the soma secured by this Dead of Trust graimial by Leader to any successor in intairrst of Borrow shall not gate to rokeuse, in any than it, the liability of the original Borrower and liort 's . s in interest. tender shall not be required to commence pr rags 4piost such 6acmam or refuse to extend time for paymom or modify amortization of the sums secured by this feud of Trust by reason of any demand made by that original Borrower OW 's successors in' 11. Forbiagrow by Under Not it Wales. Any forbearance by Lead" in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or prelude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other lions or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity rrf the indebtedness secured by this Ciotti of Trust. 12. Bites . 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 taw or equity, and may be exercised concurrently, independently or successively. 13. Sawmairs tad Amistas Aotstal; Joint and Nev" Liability; Cape. The covenants and agreements herein contained shall bind, and the rWm 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 sevetal. The captions and headings of the paragraphs of this Deed of I rust are for convenience only and are not to be used to interpret or define the provisions hereof. 14, Nodco. 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 stall be given 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 Lender as provided herein, and (b) any notice to Lender shall he 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 n cocc 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. Uniferso teed of Trtdt Goverbisg Law; 9etnraM[tty. This form of decd of trust combines uniform covenants for national use and non-umform covatants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of Trust thall 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 Tram or the Nate conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effact without the conflicting provision, and to this end the provisions of the Dead of Trust and the Note arc declared to be severable. 16. 's Cony. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or after rft-mrdauon berwf. 17. Tr>ndar of the Property; Assenoptioss. If all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's pier written consent, excluding fa► the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the creation of a purclume movary purity interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint tauent or (d) the grant of any katichotti interest of three years or less not containing an option to purchase, Lender may, at Lender's option, ddclwc all the sutras secured by this Deed of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if, pr" to the sate 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 If Leader has waived the option to accelerate provided in this paragraph 17, and if BoYower's successor in interest has executed a written assumption agreement accepted in writing by under, lender 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 dam. 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 IS hereof.