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g6... 105775 by this peed of Trust immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of rafting, wkb the balance of the proceeds paid to Borrower. if the 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 dsinga, Borrower fait to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and apply die proceeds, at Lender's option, differ to restoration or repair of the Property or to the sums secured by this Decd of Trust. EWM fender and Borrower otherwise agree in writing. any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs t and 2 hereof or change the amount of such installments. A Beersssar Not Rdns&L Extension of the time for payment or modification of amortization of the stuns secured by this Deed of Trust granted by Lender to any successor in interest of Borrower slab not operate to release. in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of th.: sums secured by this Deed of Trust by reason of any demand made by the original Borrows and Borrower's successors in interest. 11. fFWbes maee by fender Not a waiter. Any forbearance by Lender in exercising any tight or remedy hereunder. or otherwise afforded by applicable law, shalt not be a waiver of or predude the exercise of any such right or remedy. The procurement of insurance of the payment of taxes or other liens 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. Rem albs Causnladve. All remedies provided in this teed of Trust are distinct and cumulative to any other right or remedy under this Dad of Test or afforded by law or equity, and may be exercised concurrently, independently or sucotssively. 13. Smmaaassn and Assigns Douai; Joint acrd Several 13abBMy; Captions. 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 Dad of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 14. Notice. 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 nailing such notice by certified mail addressed to Borrows at the Property Address or at such other address as Borrower may designate by notice to Lends as provided herein, and (b) any notice to I ender shall be given by certified mail, return receipt requested, to [vender'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 manta designated herein. 15. Unifow Dud of Trost; Governing law; SetpafrBky. This form of deed of trust combines uniform covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Decd of Trust stall be governed by the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Dad of Test or the Note conflicts with applicable law. such conflict shall not affect other provisions of this Dad of Trust or the Note which can be given effect without the conflicting provision. and to this end the provisions of the Dad of Trust and the Note are declared to be severable. lf. Bosrower'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. Under M the Property; Assumption. 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 alien or encumbrance subordinate to this Dad 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 ydars or less not containing an option to purchase. Lender may, at Lender's option, declare all the stuns soured by this Deed of Trust to be imutedisady due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer. Larder 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 Linder and that the interest payable on the sums securerd by this Dad 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. Lender shall release borrower from all obligations under this Deed of Trust and the Note. If Lender 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 due. If Borrower fails to pay such sums prior to the expiration of such period, Lender tray, without further notice or demand on borrower. invoke any remedies permitted by paragraph 18 hereof. NON - UNIFORM COVENANTS. Borrower and Leader further covenant and agree as follows: 18. Acceleration; Remo. Except as provided In 17 hereof, apex Borrower's preach of say movement or agreement of Borrower im tics Does of Trust, lmclmilog the covenants to Pay whm due say stems accused by tYk Deed of Trttmt, Lefler prior to acceleration sW no modem to Borrower as provMW to Paragraph 14 bereof gecw7bee. (1) the Mess A ; (2) the sedlsm rd V I I a we such breach: (3) a dole, and lose Irmo 36 days from the date of modes is mardsl to Borrower, by which wet Mrweh most be costa; and (4) that folmre to more such kresch era or before die dote specified in the modem may resale IN aaderatlom of the stems suwretI by this Deed of Trust a" safe of tide Property. The modem shad fosse Informs Borrower, of Me right to reinstate after s eodvatlea and the right to bring a court action to assert the one - Qlal{mK of a defamlt w an other ddemm of Dorrson to acedermUom anti ode.1f the ltremeY is mot. ors w hdote the rate specifled to the mother. LaWor at l sender's opUom memy declare err of the stars saves by this Deed of Trost to be Immediately due sari payable without fortber dltmsai and may invoke the power of safe and any other remade+ permitted by applicable law. Leader it "he entitled to collect all reasonable caster and expenses incurred to ptsn 1 the rstmdlm provided IN this paragraoph IS, fmog, but mM Bond to, sssssmahk attormey's fees. K d o power of sae her ievekei, Trwstse sWl rend a modem of defook la each comm" IN wider the Property or soots part thereof Is located and doll rosy copies of sock notice to the mamma prtaaNed by apps law to Borrower ami to the other pwa ptmeriMed by applicable low. After the Input of sine► time em my he rmpirei by applicable law. Trustee shelf give pmkde m1 1 ee of ask to the persome and In the manner pws - "' 'by sPPlrmYle raw. TnyMe. wkhsmt demand as Borrower. shah tied the Property at public auction to the hlgheel bidder at Me time and paint and smidw the Wm dmlpmted in the so" of sink IN one or own parcels unit in such order so Trostw may determnfine. Trustee may pasdpoma ask of r or Na poser of the Property by paW announcement at the time anti place of any previously sehduded safe. leader or Lmsim'a dsrymst inn I osse she Property at an tusk. Upset rodp of paymsms of the prime Mai. T ru@W dksr deliver to the paeehoser Ttrusdee's deed cta e) the Property sold. The rmitals in the Trwlat's deed shod he Prim facie ewMtmee of the truth of the gstemttats mode dierelm. Tiresome shsr appiy the proceeds of (be sale in the fogam inda, (a) N err rsssamsble ewes aM emlessNS of The sale. ladudloW but wt Masked IN. Tossaw's gem of uN ardor (has t "o of IM gyms tea prime, tenon" tNdurmey's few and cast of ode evidence. (N to an sus ascurd by this Deed of Trost; sad 4 the en cm. if fi say. to die prssm or pstsoms kply end" thrreto. 1M. Borraww a RIgMd to Rtastnle. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust. ilorrowet shall ha— the nshi to have any proceedings begun by Lender to enforce this feed of Trust discontinued at any none prix to the earner to ,x, w It . 'kr fifth day before the sak of the Property purswnt to the pnveci of We contained m this Deed of trust of (it) entry of a ludittnent mill or, -V ' h. 1)"4 of least if jai Horrowet Pays lender all sums which would be then due undri this Deed of Trust, the Note and -cars ie.l —ni I -