Laserfiche WebLink
06.09.1998 , , . OEEU OF TRUST PtaW a <br />Loan No 760347 98— GS829 (Continued) <br />reimburse Truster from the proceeds for the reasonable cost of repair or restoration if Truster is not in default under this Deed of Tn aL Any <br />proceed✓ which have not been disbursed within 180 days after thaSr receipt and which Lender has not committed tc• the repair or restoration of <br />the Property shaall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued Interest, and the remalinder, g <br />any, shall be applied to the principal balance of the Indebtedness. If Lander holds any proceeds after payment in rued of the Indebtedness, such <br />proceeds shah be paid to Trustor as Truster's interests may appeeir. <br />Unexpired Insurance at Sale. Any unexpired Insurance shall Inure to the benefit of, and pass to, the purchaser of the Property covered by this, <br />Deed at Trust at any trustee's sale or other sale held under the provisions of this Deed of Trust. or at any foreclosure saw of such Property. <br />EXPENDITURES BY LENDER. If Truster teaAs to comply with any provision of Iles Deed of Trust, or N any action or proceeding is commenced that <br />would material-',y affW. Lender's Interests in the Property. Lender on Trustee's behalf may, but shall not be required to,.take any action that Lender <br />deems appropriate. Any amount that Lerrft, exlmnds in so doing will bear interest at the rate provided for In the Note from the date Incurred or paid <br />by Lender to the date of repayment by Truster. As :such expenses, at Lender's option, wig (a) be payable on demand, (b) be added to the balance <br />of the Note and be appo(tiorre:' among qnd be payable with any Installment payments to become due during either p) the term of any applicable <br />insurance policy or (ii) thole rema:ning term o' the Not% or (c) be seated as a balloon payment which will be due and payable at the Note's maturity. <br />This Dees: of Trust also will secure payment of these amounts. The rights provided for in this paragraph shag be In addition to any other rights or any <br />srerriedies to vrh,rh Lender may be entitled on account of the default. Any such fiction by Lender shag not be cccnsbimcl as curing the default so as to <br />bar Lender from any remedy that it otherwise would have had. <br />WARRANTY; DEFENSE OF TITLE. The following provisions mialing to ownership of the Property are a part of this Deed of "trust <br />Tina. Truytpr warrants that: ',a) Trustor holds good and marketable titre of record to the Property In tee simple, free and clear o', all !lens and <br />encumbrances other than those set forth In the Real Property description or)n any He Insurance policy, fife report, or final title opinion issued In <br />favor of, and accepted by, Larder In connection with this Deed of Trust, and (b) Truster has the full tight, power, and authority to execute and <br />deliver this Deed of Trust to Lender. <br />Defense of Title. Si bject to the 6=eption In it* paragraph above. Trustor warrants and will forever defend the tilts to the Property against the <br />lawful claims of all tj sorts. In the event any action or proceeding is commenced that questions Trualor's title or the Interest of Trustee or <br />Lander under this Dee,i of T ;Last, Truster shall defend the action at Trustor's expanse. Truster may be the nominal party In such proceeding, bull <br />Lander shall be entitled to participato In the proceeding and to be represented In the proceeding by counsel of Lender's own choice, and <br />Trustor ,Gill deliver, or imvse to be deNverod. to Lender such instruments as Lender may request from time to time to permit such participatlon. <br />Compliaice With LaNs. Truster warrants that the Property and Trustor's L-A 01 the Property compiles with all existing applicable laws, <br />ordinances. and regulations of governmental authorities. <br />CONDtMNATiON. The following provisions relating to condemnation procoa+dings are a part of this Dead of Trust. <br />Application of Net Proceeds. If all or any part of the Property Is condemrsad by eminent domain proceedings or by any proceeding u <br />purchase In lieu of condemnalon, Lender may at Its election require that all or any portion of the net proceeds of the award tx% applied to the <br />Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable <br />costs, experses, and attorneys' fees Incurred by Trustee or Lender In cor notion with the condemnation. <br />Pr==dIngs. I' any proceeding In condemnation Is filed, Truster shag promptly notity Lender In writing, and Truster shag promptly take such <br />steps as may be nee-Fs a,—j ;o defend the action and obtain the award. Trustor may be the nominal party in SMn wwc-ereding, but tender shall <br />be entitled to participate In the proceeding and to be represented In the proceeding by counsel of Its own choice, and Truster wet dellvar or <br />cat,,�e to be delivered to Lender such instruments as may be requested by it from lime to timer to permit such participation. <br />IMPOSITIOft 01: TAXES, FEES AND CMARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, <br />fevs and charges are a part of this Deers of Trust: <br />Current Taxes, Feeb -otnd Charges, Upon request by Lender. Truster shag execute such documents in addition to this Deed of Trust and take <br />whatever other action is requested by Lender to perfect and continue Lender's Lion on tiro Real Property. Trustor shag reimburse Lender for all <br />taxes, as described below, lt,^ Iher with ag expenses incur In recording, perfecting or continuing this Deem of Trust. Including without <br />iimilafion aft tares, fees, doeurn -wh -: _tkrr,r,s, and other charges for recording or registering this Deed of Trust, <br />Taxes- The following shall consfituro tax, -c to which this section applies; (a) a specific tax upon this type of Clued of Trust or upon as or any <br />part of the Indebtedness secured by this 0%e of Trust; (b) a specific tax on Truster which Truster is authorlxad or required to deduct from <br />payments on the Indebtedness secured by this W:!, of Deed of Trust; (c) a tax on this type of Deed of Truest chargeable against the Lender or <br />the holder of the Note; and (d) a specific tax on all M Tiny portion of the Indebtedness or on payments of principal and Interval made by <br />Trustor. <br />Subsequent. Taxes, If any tax to which this section applies is er ;.'noted subseguont to the date of this Deed of Trust. INS event shall have the <br />same affaydt as an Event of Defoutt (as defined below), and Lander n;1V exercise any or all of Its available remedies for an Event of Default as <br />provided below unless Truster either (a) pays the tare before it becomes drinquent, or (b) contests the tau a3 provided above in the Taxes and <br />Liens section and deposits with Lander cash or a sufficient corporate surety bond Of other security satisfactory to Lender. <br />SECURfTY AGREEMENT; FINANCING STATEMENTS. The following provbtons raWling to this Deed of Trust as a aecurtly 09M~ we a par( of <br />this Deed of Trust. <br />Security Agreement. ThiS Instrument shaft constituly a security agreement s1 the edtnnt any of the Property constitutes gxture!r or other <br />personssf property, and Lander si-wr, have an of the rights of a urenured party under the Uniform Commerrial Code as amended from limb to <br />It no, <br />Security Interest. Upon request by Lender, Trv*10r shag exed:ute financing statements and take whatevfv other action is n►quesled by Lendrrr <br />fo perfect and continua Lenders sm-unty mtorest in it:e Beanie and i`ersonai Noperty, In addition to recording this Deed of Trust in the rpaal <br />property fecords, Lender may, at any time and without fur rh- authortrutron from Truster. file executed counterparts, copies or reproducifnns of <br />this gored of Trud as a firiancing sWomenl; Trustor shag ruirnbu:te Lander for all expenses trscureed in perfecting or continuing idu spcafrrty <br />intorost. Upon defafrtt, Trustor shalt assemble the Pwsenaf Property In a manner and at a place reasonably convenient to Truster and Lander <br />And muka it evailobte In Landon within three (3) days attar receipt of written demand from Lander. <br />Addresseo. The, malting Addfmsos of 7ruslor (deblor) and Lender ( secured party), from which information concernfnq the tincurity infetW0 <br />granicrd by flu. Dowd of Trust may be o'atainod (etch ee required by Iho Uniform Commrwcral Code), arse as stated on lho fkttt page of this Dead <br />Cif T I. <br />