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201406901
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Last modified
11/21/2014 9:04:37 AM
Creation date
10/30/2014 3:42:07 PM
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DEEDS
Inst Number
201406901
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201406901 <br />sums secured immediately before the taking, as set forth in Section 18 below, divided by (b) the fair <br />market value of the Property immediately before the taking. Any balance shall be paid to Trustor. <br />If the Property is abandoned by Trustors, or if, after notice by Beneficiary to Trustors that the <br />condemnor offers to make an award or settle a claim for damages, Trustors fail to respond to <br />Beneficiary within thirty (30) days after the date the notice is given, Beneficiary is authorized to collect <br />and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums <br />secured by this Deed of Trust, whether or not then due. <br />Unless Beneficiary and Trustors otherwise agree in writing, any application of proceeds to <br />principal shall not extend or postpone the due date of the payment referred to in Section 1 or change the <br />amount of such payment. <br />9. Trustors Not Released; Forbearance by Beneficiary Not a Waiver. Extension of the <br />time for payment or modification of amortization of the sums secured by this Deed of Trust granted by <br />Beneficiary to any successor in interest of Trustors shall not operate to release the liability of the <br />original Trustors or Trustors' successors in interest. Beneficiary shall not be required to commence <br />proceedings against any successor in interest or refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Deed of Trust by reason of any demand made by the original <br />Trustors or Trustors' successors in interest. Any forbearance by Beneficiary in exercising any right or <br />remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />10. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants <br />and agreements of this Deed of Trust shall bind and benefit the successors and assigns of Beneficiary <br />and Trustors, subject to the provisions of Section 16. Trustors' covenants and agreements shall be joint <br />and several. Any Trustor who co- signs this Deed of Trust but does not execute the Note: (a) is co- <br />signing this Deed of Trust only to mortgage, grant and convey that Trustors' interest in the Property <br />under the terms of this Deed of Trust; (b) is not personally obligated to pay the sums secured by this <br />Deed of Trust; and (c) agrees that Beneficiary and any other Trustor may agree to extend, modify, <br />forbear or make any accommodations with regard to the terms of this Deed of Trust or the Note without <br />that Trustor's consent. <br />11. Loan Charges. If the loan secured by this Deed of Trust is subject to a law which sets <br />maximum loan charges, and that law is finally interpreted so that the interest or other loan charges <br />collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such <br />loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and <br />(b) any sums already collected from Trustors which exceeded permitted limits will be refunded to <br />Trustors. Beneficiary may choose to make the refund by reducing the principal owed under the Note or <br />by making a direct payment to Trustors. If a refund reduces principal, the reduction will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />12. Legislation Affecting Beneficiary's Rights. If enactment or expiration of applicable <br />laws has the effect of rendering any provision of the Note or this Deed of Trust unenforceable <br />according to its terms, Beneficiary, at its option, may require immediate payment in full of all sums <br />secured by this Deed of Trust and may invoke any remedies permitted by Section 18. If Beneficiary <br />exercises this option, Beneficiary shall take the steps specified in the second paragraph of Section 18. <br />DEED OF TRUST PAGE 4 OF 8 <br />
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