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<br /> I LbOYD $,MUSLLBR MARILYN MUBLLBR 201459 12/30/SS97 -
<br /> ' � 9.Condemruttlon.The proceeds of any awud or claim for damages. dlrect or consequendal, In connecdon with any � . .
<br /> j condemnstpon or other taking af tbe Property. nr part th�reof, or for conveyance in lieu of condemnadon, sue hereby I -
<br /> ± assigned aud shall be paid to Lender,subject to tl�c cerms af any mortgage, deed of tru�st ar ocher s�cudty agrrement with a I
<br /> lien which has priarit��over this Deed of Trust. �
<br /> '' 10. Borrower Not Reteased; Forbearana By Lenck� Not a Waiver. fixteusion of the dme for payruent or �. _
<br /> modificudoa of unorti7adon af the swns secured by thls Aeed of Trust granted by Lender to uny successor In lnterest of i �
<br /> I Bonower shall nat operate to releuse, tn any manner,the liability of tUe orlginAl 8orrower aac!Borrower's successors la �
<br /> J ipterest. Lrnder shail nat be required to commeaa praceedings against such suc:cessor�r refuse to entend time for payment�Q � -
<br /> � or otherwlse mndify amarti7adun of the sums secured by thia Deed of Trust by reason of xny demaad mAde by the origin�l !
<br /> � Borrower aud Horrower's succ:essors in interest. Any forbeuance by Lender in eaercising any right or remedy l�ereunder,
<br /> or otherwlse afforded by applicAble law,shall not be a waiver of or preclude the exerctse af Any such dght or remedy. �
<br /> 11. Successors and Assi�nv Bound;Jofnt and Several Liabllttyi Co-sl�uuers. 7'he covenants end agreem�nts hereln 1� ,
<br /> contained shall bind,and the rlghu hereunder shall tnure to,the respective successors and asslgus af I.ender and Borrowet, �
<br /> subject to the provisious of paragraph 16 hereof, All coveaants and agreements of Honower shall be joint and several.� s
<br /> � Any Hurrower who co-sigas this Deed of Trust.but dces not eaecute the Note, (a)is co-sigtung this Deed of Trust onDy to�
<br /> grant and convey tlutt Borrower's interest in the Property to T�ustee under the terms of this Deed af Trust. (b) is uot
<br /> • person�lly llable dn the Note or under this Deed of Tiusc,and(c) agrees that I.ender and any other Hoaawer bereunder ,. _
<br /> may agree to extend,modify,forbear,or make any other accommodadons with regard to the terms of this Deed of Tcust or :''''�����°�
<br /> �__W�_�,.
<br /> the Note. without that Bnrrower's consent aud witliout releasing that Borrower or madifying this Deed of Trust as to that
<br /> Bonower's interest in the Propetty.
<br /> 12. Notice. Except for any noace required under applicable law to be given in another ma�er, (a) any nodce to ��_-` �--
<br /> Borrower provlded for in this Deed of Trust stiall be given by delivering it or by mailing such natice by cercified m�il �
<br /> addressed to Borrower at the Property Address or at such othcr address as Horrower may designate by notice tn Leuder as
<br /> provtdtd herein,and(b)any nodce to Ixnder shall be given by cercifiecl rn�il ro Lender's address st�ted herein or to such _
<br /> other�ddress as Ixnder may designate by nodce to Borcower as provided herein. Any notice piovided for in ttus Deed of
<br /> Trust shall be deemed to have been given to Bonower or Lender when given in the manner designated herein.
<br /> 13. Governin�Law; Severabiltty.The stace and local laws applicable to tt�is Deed of Trust sLall be tlie laws of the
<br /> jurisdicdon in wkuch the Property is la:ated. The foregoing senteace shaU not limit the oppllcability of Federal law to thls
<br /> ,� Deed of Tiust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with appHcable lstw. -
<br /> such conflict shall twt affect other provisions of this lleed of Tcust or the Nate which can be given effect without the
<br /> conflicdng provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As
<br /> used here3n, "costs", "expenses" and "attomeys' fees'lnclude all sura� to the eatent not prohibited by applicable law or
<br /> limited herein. _
<br /> - iy. Bucrin�er b ��Nj�. Barrau�r�hal!�furni�ed s c�nformed��.�FY�f the N�ce and of this Deed of Trust at the _-_ -_
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<br /> time of exxution ar after re��rdadon hereof. , �
<br /> 15. RehabWtrttion Loan A�reancnt. Boaower sLall fulfill all of Borrower's obligAtions under any home � . "_
<br /> rehab3litadon,iwprovement, repair or other loan agreement whic6 Borrower eaters into wlth Lender. Lender, at I.ender's ;,�;S,,_
<br /> opdon, rnAy require Borrower to execute and deliver to I.ender, in a form accept�ble to Lender,an assignment of any �. •
<br /> rights, claims or defenses wlrich Borrawer may have againsc panies who supply labor, materials or servias in connecdon ,
<br /> with lmpmvemeau made to the Property. ��''s �
<br /> 16.TrangPer of the Property or a Benefldal LNerest in Borrower. If all or any psut of the Property or any iaterest ,�.�,�:._ �
<br /> in it is sold or transfened (or if a beneficial Interest in Bonower is sold or aancfeaed s�and Barrower is not a natural ;�xf�k: .•
<br /> pe�son) without L.eader's pdar written consent,Lendcr way. at its opdon,require immediate payment in full of all sums ; ;' �.�.-
<br /> secured by tt�is Deed of'frust. However, thls opdon shall not be exercised by I.ender if exercise is protubited by federal .� .._� "_._
<br /> :�it,s+ —
<br /> ,� law as of the date of this Deed o f Trusc.
<br /> If Ltnder eaercises this opdon, Lencier shall give DoROwer nodce of acceleratioa.The nodce sl�all pmvide A pe�ind "��.
<br /> ' of not less thau 30 days from the date the notice is deltvered or mailed�vithin wlrich Borrawer must pay all sums secured ' ���
<br /> ._m'.._s,.
<br /> � ,a':
<br /> by thIs Deed of Trust. If Borrower fails to pay these sums prior to the expiradon of this period. Lender may invoke any °^�r•-:.�;�
<br /> remed[es permitted by this Deed of Trust without fusther nodce or demand ou Boaower. ' '' _
<br /> NON-UNIFORM COVENANTS. Bonower and I.ender further covenant and agree as follows: ,_ ,__—
<br /> � 17. Acceleratlon; Remedies. Except as provided In para�raph 16 hereof, upon Borrower's brexch of any ��.
<br /> coveiwnt or e�reesnent of Borrower in this Deed of Tnut,includin�Borrower's fallure to p�y. by the end of 10 j&r��.M_
<br /> celendar days At1te�� they ere due,any swns secured by this Deed of Trust, I.ender pr[or to Acceleratlon stwll �lve _
<br /> � notice to Borrower as pravlded in paraQraph 12 hereot specifyinQ: (1) the breachi (2) the actlon reqWred to cure • : :� ��"�
<br /> such brexch;(3) a date, not less than 20 days From the date the not[ce is mailed to Borrower,by which euch breach f .;r„
<br /> must be curedi and (4) that failure to cure such hreach on or 6efore the date specitied in the notice may result in �
<br />- acceleration oP the sums secured by this Deed of Trust nnd sale of the Property. The notice shaU further Inform ,
<br />' Borrower of the ri�ht to relnstate after acceleratton and the d�ht to bring a court adion to as.sert the noncxLgtence of f
<br />= a defaWt or any other defense of Borrower to accderatton end sale. If the breach is not cured on or before the date f
<br />= speclfled[n the notice, I.ender, at I.ender's optton,may declare al�of the suoas secured by this DeM of Trust to be �
<br /> Immcdlately due and payable without further demend and may Invoke the power of sale end any other remedies �
<br /> pennitted by applicable law. Lender shall be entttled to collect all reasonable costs and expenses incurred in
<br /> = pursutn�the remedles provided In this para�raph 17, includln�, but not limiteii to,reasonable attorneys'fee�.
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<br /> - If the {wwer of sale is Invoked,Trustee ahall record a notice of default in each rnuuty[n which the Prop�ty or �
<br />_ some part thereof is located and shall mail copies of such notice in the manner prescdbed by appllcable!nw to ;
<br /> Borrower and to the other persons prescribed by applicable law.At�ter the Ispse of snch tlme as may be requlred by
<br />� appltcable law, Tn�stee shali Qive publ[c notice of sale to the persong and in the manner prescscriibed by applicable
<br /> �_._. T.......... ...�.�.....aa...e..a,..,u.,....,Wpr. �hs�t�a the Prouertv at uubUc auctlon to the hi¢hest bidder at the Wne
<br /> �a�. aam►«�..............�.............�.."_..�„'�-'-. - .
<br /> and place and under the terms deslgnated in the notice of sale in one or more parcels e�nd in such order as Trustae ;
<br /> may determine. Trustee may postpone sele of all or any parcel of the PropeRy by public a�ouncement at the t[me
<br /> - and place of xny prevfously scheduled sale. Lender or Lender's desiQnee may pwrchese the Prope�ty at any sale.
<br /> • Upon rece[pt of payment of the price bid, Trustee shnll deliver to the purchaser Tn�stee's deed conveyln�the
<br />- Property sold. The recitals in the Trustee's deed shall be pdma facle evidence of the truth of the statements made
<br /> therein.Trustee shall appiy the proceeds of the sale In the follov►dng order:(a)to all reasonable costs and expenses of
<br /> the sele,induding, but not 1[mlted to, Trustee's Pees actually incurred of not more than S°b oP the gross sale pdce,
<br />- reasonable attorneys' fees and costs of titie evidence; (b) to ull sums secured by thls Deed of Trust; stnd (c) the
<br />- excess, ff uny,ro the person or persons legally eatttled thereto.
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<br /> ^ Nchc;nska 26876•3 7�97 Original(Recorded) Copy(Hrench) Copy(Customer) Pagc 3 of 5
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