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by this Deed of Trust immediately 5- ., - <br />y prior to the date of taking bears to the (air market value of the Property immediately prior to the date of <br />taking, with the balance of the proceeds paid to Borrower. <br />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 <br />claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and <br />apply the Proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal <br />date of the month) installments referred to in P P pal shall not extend or postpone the due <br />y paragraphs 1 and 2 hereof or change the amount of such installments. <br />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust <br />granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and <br />Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for <br />Payment ar otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower <br />and Borrower's successors in interest. <br />IL FOrbearamby Leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded <br />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 <br />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 <br />Deed of Trust. <br />12. Ceteaktfve. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this <br />Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively. <br />13. and Bowed, Joint land Several IAabiBtyi Captions. The covenants and agreements herein contained shall bind, and <br />the rights hereunder shall inure to, the respective successors and assigns of tinder and Borrower, subject to the provisions of paragraph 17 <br />hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust <br />are for convenience only and are not to he used to interpret or define the provisions hereof. <br />14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in <br />this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address <br />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 <br />requested, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any <br />notice provided for in this Deed of Trust shall be deemed to have been given to Horn.uer or Lender when given in the manner designated herein. <br />IS. UnIferm Deed of Trust; Governing Law; Severablilly. This form of steed of trust combines uniform covenants for national use and <br />non- uniform covenants with limited variations by jurisdiction to constitute a uniform .security instrument covering rest property. This Deed of <br />Trust shall be Note cud ct the law p the jurisdiction in which the Property is located. In the event that any provision or clause of this Deed of <br />Trust or the Note conflicts with applicable law, such conflict shall rot affect other provisions of this [-Axd of Trust or the Note which can be <br />given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared to o e severable. <br />16- 13ation er Copy. Borrower shall he furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or <br />after recordation hereof. <br />17. rra"ifer of 110e Property: Assumption, if all or am Part of the Property or an interest therein is sold or transferred by Borrower <br />without Lender's prior written consent, excluding (a) the creation of a tier. or encumbrance subordinate to this <br />a purchase money security interest for household appliances. tc) a transfer hs devise, descent or by operation of lawiupon tthe death of creation joint <br />tenant or (d) the grant of any leasehold interest of three scars or less not contanung an option to purchase, Lender ntay, dt Lender'% option, <br />declare all the sums secured by this Deed of Trust to he immediately due and pavablr. Lender shalt have warvrd uch option in accelerate if, <br />pry ±r to the salt or transfer. Lender and the person to whom the Property is to hr sold or transferred reach agreement m venting that c e accelerate <br />of <br />•.twh person is satisfactory to Lender and that the interest payable on [tic urns secured by this Deed of -Dust .hail hr at such rate a thc,:rr ahaif <br />request. If Lender has waived the option to accelerate provided :n this Paragraph 17, and if Borrower's successor in interest hats -cured a <br />written assumption agreement accepted in writing by Lender. Lender shall release itornwrr from .oil nbhgauons tender this feed of )Yost and <br />the Note. <br />if Lender exercises such option to acu;derate, f coder shall mad Borrower notice of 1c eieratlou in accordance with paragraph 14 hereof. <br />Such nonce shall provide a period of not less than 30 days from the date the notice is marled within which Borrower [nay pay the Hums declared <br />due. If Borrower fails to pay such sums prior to the expiration ,.+f such period. I -endrt :;lay, without turlh <br />:re„ke 4- remedies, permitted by paragraph Ih hercot. rr nonce + +r demand on Borrower, <br />gi <br />