|
, • � . .
<br /> ,+.,.� -
<br /> ,J.��� . _:��� �
<br /> •`• ' ' ''�,-�.:
<br /> • .. . ... ..... . *�
<br /> .. � (Page 3 oi 5) '"�'-__
<br /> . , � ' ?�;'`':
<br /> . ::.�;�.lJ
<br /> Unle�,9l.ender and Horrower otherwisa egree in writing, any applicotion of proceeds ta principal shall nc�t extend or ; y;; '(
<br /> pastpone the due dete of the monthly paymenta reYerred to in paragraphs 1 and 2 or change the amount of the payments. `y_.�_
<br /> IP under paragraph 19 the Prnperty i� acquired by I.ender, I���rrcnver's right to any insurence policies and pro�eeds ��,
<br /> I re.qulting fram damage to the Property prior to tha acquieition shall pas.s tc�l.ender to thr exunt of the sume Fccured by 4 ��
<br /> this Security Instrument immediately prior to the acyuisition. �-�
<br /> 6. Preserv�tion and Maintenance af Property; I.easeholds; Condominiums; I'lanned Unit Devclopments. �:�o
<br /> Iiorro�ver ehall keep the Property in good repair and shall n�t commit waete or permit impairment r�r detariaration c�f (�• �
<br /> thc 1'raperty and shall comply with the prcrvieione of any lease i4 this Deed of "1'rust is on a leasehold. If thie Deed of 'y �,« _
<br /> � � Truat iH an a unit in a condominium or a planned unit development, Horrower ahall perform all of Borrowcr'
<br /> _�..� � N
<br /> ,�, obligations under the declaration or covenanta creating or governing the condominium or planned unit development, t �
<br /> by'laws and regulatione of the condominium or planned unit development,and constituent documents.
<br /> 7.Protection of Lender's Security. If Borrower fails to perYor:n the covenanta and agreements contained in thi; 0
<br /> peed of Truat, or if any action or proceeding is commenced which materially attecte l,ender's interest in the I'rr�perty �
<br /> then Lender, at Lender's option, upon notice to Borrower, may make �uch appearances, disburse auch sums, includinE W
<br /> i reasonable attorneys' fees, and take auch action as ia necessary to protect Lender's interest.If Lender required mortgag� F�'
<br /> : ineurance as a condition of making the loan secured by this Deed of Truat, IIorro�ver ehall pay the premiume required to
<br /> ' maintain such insurance in effec:t until such time as the requirement for such inaurance terminntes in accordance with""'
<br /> � Borrower's and Lender's written agreement or applicable law. Any amounta disbursed by Lender pursuant to this'f i
<br /> � F paragrap h 7, with intereat thereon, at the applicable contract rate, shall become additional indebtedness of Barrower
<br /> �.i secured by this Deed of Truat. Unles.s Borrower and Lender agree to other terms of payment,auch amounta s ha l l be , ,
<br /> payable upon notice from I.ender to IIorrowcr requesting payment thereof. Nothing contained in this paragraph 7 shall w:
<br /> � rsquire Lender to incur any expense or take ony action hereunder.
<br /> ` I 8. Inspection. I,ender may make ar cause to be made reasonable entries upon and inspectiona of tha Property,
<br /> � � provided that I,ender ehall give Borrower notice prior to any such inspection specifying reason.ble cause therefor related
<br /> �� to Lender's interest in the Property.
<br /> 9. Condemnation.The proceede of any award or claim for damages,direct or consequential,in connection with any
<br /> �. condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby
<br /> assigned and shall be paid to I.ender, subject to the terms of any mortgage, deed of truet or other security agreement
<br /> ,� with a lien tvhich has priority over this Deed of"Truat.
<br /> 10. Borrower Not Roleased; Forbearence By Lender Not a �'Veiver. Extension of the time for payment or
<br /> modification of amortization of the sums secured by this Deed of Truat granted by Lender to any successor in interest
<br /> � ot Borrower and aii ut3,Gi parties ;�r.o are or heresfte* he��me r,econdarily liable ahall not operate to release, in any
<br /> T rnanner, the liability of the original Borrower and Borrower's successors in interest. I.ender ahall not be required to
<br /> x,� commence praceedinga egainst such successor or refuse tn extend time for payment or otherwise modify amortization
<br /> ; of the sume secured by this Deed of Trust by reeson of any demand made by the original Borrower and Borrower's
<br /> !' succESSOre in intarest.Any forbearance by !.ender in exercising any right or remedy h�reunder,or otherwise afforded by
<br /> applicable law,shall not bc u ti:�aiver of or preclude the exercise of any such right or remedy.
<br /> � 11. Snccessors and Assigns Bound; Joint and Several Liability; Co-aignors. T1�C �uvenants and agrccmcn�.
<br /> �: herein contained ahall bind,and the rights hereunder shall inure to, the respective successors and assigns of Lender and
<br /> �+.� Borrower,subject ta the proviaiona of paragraph 16 hereof.All covenants and agreements of Borrower shell ba joint end
<br /> " �" several. Any Borrower who co-signs this I7eed of Trust, bot does noc execute the Note, (a) ie co-signing this Deed of
<br /> � Trust onl to rant and convey that Rorrower's interest in the Property to 1.ender under the terms of this Deed of Trust,
<br /> �. Y �
<br /> r (b) is not personally liable on the Notv or under this Deed of 7'rust, and (c) agrees that I,ander and any other orrower
<br /> hereunder may agree to axtend, modify, forbear, or make any other accommodationa with regard to the terma of this
<br /> �eed of'Trust or the Note,without that Borrower's consent and without releasing that Bonower or modifying this Deed
<br /> of Trust as to thst Borrower's interest in the I'roperty.
<br /> 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to
<br /> Borro�ver provided for in this Deed of Truat shall be biven by delivering it or by mailing such notice by certified mail
<br /> ti, addressed to Borrower at the Property Address or at euch other address as Borrower may designate by notice to Lender _ _
<br />- � as provided herein,and (b) any notice to Lender shall be given by certified mail to I.ender's address stated herein or to
<br /> such other address as Lender may designate by notice to Borrower ns provided herein. Any notice provided for in thie _
<br /> r Deed of Trust shall be deemed to have been given to Aorrower or Lender when given in the manner designated herein. _ _
<br /> 13. Governing I.aw; Severability. The state and local laws of the jurisdiction in which the Property is located shall �•,
<br /> apply except where such laws conflict with I�ederal law; in which case, Federal la�v shall apply. In the event that any =s��;;�_r.
<br /> � � provision or clause of this Deed of 'trust or the Note conflicts with applicable law,such conflict shall not affect other .�;.;;f'�.,
<br /> , � provisions of this Deed of'I�rust or the Note which can be given effect without the conflicting provision,and to this end ,,:
<br /> i the provisions of this lleed of"1'rust and the Note are declared to b�e severable. As used hrrein, "costs," "expen5es," and , "
<br /> "attorne ys'fees" include all sums to the extent not prohibited by applicable la�v or limited herein.
<br /> � 14. Borrower's Copy. $orrower shall be furnis h e d a con forme d copy o f t he N o t e a n d o f t h i s D e e d o f T r u s t, i f
<br /> • ! requested,at the time of execution or after recordation hereof.
<br /> ' 15. Rehabilitation I.oan Agreement. Borrower shall fu1Pi11 al] of }3orro�ti•er's obligations under any home
<br /> rehabilitation, i�nprovement, repair, or other loan agreement which Borrower enters into �vith I,ender. I,ender, at
<br /> I�;nder's option, rnay require 3lorrower to execute and deliver to I.ender, in a form acceptable to I.ender, an assignment
<br /> of any rights, claims c�r defenses �vhich Borrower may have against parties «�ho supply labor, materials or services in
<br /> connection with improvements made to the Property,
<br /> . . . . ... . . .�. n_..___._. ra il�__......,. ..oito..� t�onafrra ull n� anV nart of the Pronertv or nn intere.9t therein, �
<br /> ' lb. l ienstcr ut u�c ��vpci ay. .� ,,.,u....... ........... .._.._--•- -- • . �::— _
<br /> � excluding (t�) the creation of a lien or encumbrance subordinate to this lleed of 'Prust, (b) a transfer by d�vise,descent,
<br /> or bp operation of law u�n the death of a joint tenant, (c) the grant c�f any Icaschold interest of three years or less not I
<br /> containing an option to purchase, (d) the creation of a purchase money secUrity interest for household uppliances, (e) a I
<br /> transfer to a relati��e resulting from the death of a I3orrower, (f1 a transfer where the s�use or children c,f the I)orrower I
<br /> tx;eome an envner of tLe property, (g) a transfer resulting from a decree of dissolution c�f marriage, Icgal separation I
<br /> , ugreement, or from an incidental pro�rt}• scttlement agreement, hy «•hich the spouse c�f the liorrower becomcs an �
<br /> I
<br /> . 08•30-94 Deod of Trust NE ORIGINAI IIIIIIIGIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�III�IIIIIIIIIIIIII�IIIIIIII�III�II�IIIIII NE007923
<br />
|