Laserfiche WebLink
�_ , <br /> �S_ 1(j3�66 <br /> 6. Preservation and Maintenance of Property;Leaseholds;Condominiums;Planned Unit Developments.Borrower s6all'keep the Property in good <br /> repair and shall not commit waste or permit impairtnent or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is <br /> on a leasehold.If this Deed of Trust is on a unit in a condominium or a planned unit development,Borrower shall perform all of Borrower's obligations under the <br /> declaration or covenants creating or governing the condominium or planned unit development,the by-laws and regulations of the condominium or planned unit <br /> development,and constituent documents. <br /> �. Protection of Lender's Security.If Bottower fails to perform the covenants and agreements contained in this Deed of Trust,or if any action or <br /> proceeding is commenced which materially affects Lender's interest in the Property,then Lender,at Lender's option,upon notice to Borrower, may make such <br /> appearances,disburse such sums,including reasonable attorneys'fees,and take such action as is necessary to protect Lender's interest.If Lender required <br /> mortgage insurance as a condition of making the loan secured by this Deed of Trust,Borrower shall pay the premiums required to maintain such insurance in <br /> effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any <br /> amounts disbursed by Lender pursuant to this paragraph 7,with interest thereon,at the Note rate.shall become additional indebtedness of Borrower secured <br /> hereby.Unless Borrower and Lender agree to other terms of payment,such amounts shall be payable upon notice from Lender to Borrower requesting payment <br /> thereof.Nothing contained in this pazagraph 7 shall require Lender to incur any expense or take any action hereunder. <br /> 8. Inspection.Lender may make or cause to be made reasonable entries upon and inspections of the Property,provided that Lender shall give Borrower <br /> notice prior to any such inspection specifying reasonable cause therefor related to C.ender's interest in the Property. <br /> 9. Condemnation.The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of the <br /> Property,or part thereof,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender,subject to the terms of any mortgage,deed <br /> of trust or other security agreement with a lien which has priority hereover. <br /> 10. Borrower Not Released;Forbearance By Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums <br /> secured by this Deed of Trust granted by Lender to any successor in interest of Bonower shall not operate to release,in any manner,the liability of the original <br /> Borcower and Borrower's successors in interest.Lender shall not be required to commence proceedings against such successor or refuse to extend time for pay- <br /> ment or otherwise modify amortization of the sums secured hereby by reason of any demand made by the original Borcower and Borrower's successors in <br /> interest.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 <br /> exercise of any right or remedy. <br /> 11. Successors and Assigns Bound;Joint and Several Liability;Co-signers.The covenants and agreements herein contained shall bind,and the rights <br /> hereunder shall inure to,the respective successors and assigns of Lender and Borrower,subject to the provisions of paragraph 16 hereo£All covenants and <br /> agreements of Borrower shall be joint and several.Any Borrower who co-signs this Deed of Trust,but does not execute the Note,(a)is co-signing this Deed of <br /> Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terms hereunder,(b)is not personally liable on the Note or under this <br /> Deed of Trust,and(c)agrees that Lender and any other Borrower hereunder may agree to extend,modify,forbear,or make other accommodations with regard to <br /> the terms of this Deed of Trust or the Note,without that Borrower's consent and without releasing that Borzower or modifying this Deed of Trust as to that <br /> Borcower's interest in the Property. <br /> 12. Notice.Except for any notice required under applicable law to be given in another manner,(a)any notice to Borzower provided for in this Deed of Trust <br /> shall be given by delivering it or by mailing such notice by certified mail addressed to Borcower at the Property Address or at such other address as Borrower <br /> may designate by notice to Lender as provided herein,and(b)any notice to Lender shall be given by certified mail to Lender's address stated herein or to such <br /> other address as Lender may designate by notice to Borrower as provided herein.Any notice provided for iii this Deed of Trust shall be deemed to have been <br /> given to Borrower or Lender when given in the manner designated herein. <br /> 13. Governing Law;Severability.The state and tocal laws applicable to this Deed of Trust shall be the laws of the jurisdiction in which the Property is <br /> located.The foregoing sentence shall not limit the applicability of federal law to this Deed of Trust.In the event that any provision or clause of this Deed of <br /> Trust or the Note conflicts with applicable law,such conflici shall not affect other provisions of this Deed of Trust or the Note which can be given effect without <br /> the conflicting provision,and to this end the provisions of this Deed of Trust and the Note aze declazed to be severable.As used herein,"wsts","expenses"and <br /> "attorneys'fees"include all sums to the extent not prohibited by applicable law or limited herein. <br /> 14. Borrower's Copy.Borcower shall be fumished a copy of the Note and Deed of Trust at the time of execution hereof. <br /> 15. Rehabilitation Loan Agreement.Borrower shall fulfill all of Borrower's obligations under any home rehabilitation,improvement,repair or other <br /> loan agreement which Borrower enters into with Lender.Lender,at Lender's option,may require Borrower to execute and deliver to Lender,in a form acceptable <br /> to Lender,an assignment of any rights,claims or defenses which Bonower may have against parties who supply labor,materials or services in connection with <br /> improvements made to the Property. <br /> 16. Transfer of the Property or a Beneficial Interest in Borrower.[f all or any part of the Property or any interest in it is sold or transferced(or if a <br /> beneficial interest in Borrower is sold or transferted and Borcower is not a natural person)without Lender's prior written consent,I.ender may,at its option, <br /> require immediate payment in full of all sums secured by this Deed of Trust.However,this option shall not be exercised by Lender if exercise is prohibited by <br /> federal law as of the date of this Deed of Trust. If Lender exercises this option,Lender shall give Bonower notice of acceleration.The notice shall provide a <br /> period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Deed of Trust.If <br /> Borcower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Deed of Trust without further notice or <br /> demand on Borrower. <br /> NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: <br /> 17.Acceleration;Remedies.Except as provided in paragraph 16 hereof,upon Bonower's breach of any covenant or agreement of Borrower in this Deed of <br /> Trust,including Borrower's failure to pay,by the end of 10 calendar days after they aze due,any sums secured by this Deed of Trust,Lender prior to acceleration <br /> shall give notice to Borrower as provided in paragraph 12 hereof specifying.(1)the breach;(2)the action required to cure such breach;(3)a date,not less than <br /> 20 days from the date the notice is mailed to Borrower,by which such breach must be cured;and(4)that failure to cure such breach on or before the date <br /> specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property.The notice shall further inform Borrower of <br /> the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration <br /> and sale.ffthe breach is not cured on or before the date specified in the notice,Lender,at Lender's option,may declare all of the sums secured by this Deed of <br /> Trust to be immediatety due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law.Lender <br /> shall be entiNed to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17,including,but not limited to, <br /> reasonable attorneys'fees. If the power of sale is invoked,Trustee shall record a notice of default in each county in which the Property or some part thereof is <br /> located and shall mail copies of such notice in the manner prescribed by applicable law to Borzower and to the other persons prescribed by applicable law.After <br /> the lapse of such time as may be required by applicable law,Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable <br /> law.Trustee,without demand on Borrower,shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in <br /> the notice of sale in one or more pazcels and in such order as Trustee may determine.Trustee may postpone sale of all or any parcel of the Property by public <br /> announcement at the time and place of any previously scheduled sale.Lender or Lender's designee may purchase the Property at any sale. Upon receipt of <br /> payment of the price bid,Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold.The recitals in the Trustee's deed shall be prima facie <br /> evidence of the truth of the statements made therein.Trustee shall appty the proceeds of[he sale in the following order:(a)to all reasonable costs and expenses <br /> of the sale,including,but not limited to,Trustee's fees actually incurred of not more than 5%of the gross sale price,reasonable attomeys'fees and costs of title <br /> evidence;(b)to all sums secured by this Deed of Trust;and(c)the excess,if any,to the person or persons legalty entitled thereto. <br /> 18.Borrower's Right to Reinstate.Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust,due to Borrower's breach,Borrower shall <br /> have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued <br /> Borrower(s)initials�� - <br /> EFC 6/97 Form:D-4-NE PAGE 2 of 3 <br />