Laserfiche WebLink
,: , a . 2000�0� 16 <br /> ,. � .. �r ;., r _3_ <br /> 11. Successors and Assigns Bound;Joint and Several Liability; Co-signers. The covenants and agreements <br /> herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and <br /> Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and <br /> several. Any Bonower who co-signs this Deed of Trust,but does not execute the Note, (a) is co-signing this Deed of Trust <br /> only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this Deed of Trust, (b) is not <br /> personally liable on the Note or under this Deed of Trust,and(c)agrees that Lender and any other Borrower hereunder may <br /> agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust or the <br /> Note, without that Borrowers consent and without releasing that Borrower or modifying this Deed of Trust as to that <br /> Borrowers 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 <br /> Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail <br /> addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as <br /> 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 Bonower as provided herein. Any notice provided in this Deed of Trust <br /> shall be deemed to have been given to Bonower or Lender when given in the manner designated herein. <br /> 13. Goveming Law; Severability. The state and local laws applicable to this Deed of Trust shall be the laws of <br /> the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to <br /> this Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, <br /> such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the <br /> conflicting provision,and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As used <br /> herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited <br /> herein. <br /> 14. Borrower's Copy. Borrower shall be fiirnished a conformed copy of the Note and of this Deed of Trust at the <br /> time of execution or after recordation hereof. <br /> 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home <br /> rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's <br /> option, may require Bonower to execute and deliver to Lender,in a form acceptable to Lender, an assignment of any rights, <br /> 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. If all or any part of the Property or any <br /> interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transfened and Borrower is not a natural <br /> person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums <br /> secured by this Deed of Trust. However, this option shall not be exercised by Lender if exercise is prohibited by federal law <br /> as of the date of this Deed of Trust. <br /> 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 <br /> secured by this Deed of Trust. If Bonower fails to pay these sums prior to the expiration of this period, Lender may invoke <br /> any remedies permitted by this Deed of Trust without further notice or demand on Borrower. <br /> NON-iJNIFORM COVENANTS. Bonower and Lender further covenant and agree as follows: <br /> 17. Acceleration; Remedies. Eacept as provided in paragraph 16 hereof, upon Borrower's breach of any <br /> covenant or agreement of Borrower in this Deed of Trust,including Borrower's failure to pay,by the end of ten (10) <br /> calendar days after the date they are due, any sums secured by this Deed of Trust,Lender prior to acceleration shall <br /> give notice to Borrower as provided in paragraph 12 hereof specifying: (1)the breach; (2)the action required to cure <br /> such breach; (3) a date,not less than 30 days from the date the notice is mailed to Borrower, by which such breach <br /> must be cured; and (4) that failure to cure such breach on or before the date speci�ed in the notice may result in � <br /> acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further inform <br /> Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-ezistence <br /> of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the <br /> date specified in the notice,Lender,at Lender's option,may declare all of the sums secured by this Deed of Trust to <br /> be immediately due and payable without further demand and may invoke the power of sale and any other remedies <br /> permitted by applicable law. Lender shall be entitled to collect all costs and expenses incurred in pursuing the � <br /> remedies provided in this paragraph 17 to the egtent permitted by applicable law. � <br /> If Lender invokes the power of sale, Lender or Trustee shall mail copies of a notice of sale in the manner j <br /> prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. Trustee shall give ,� <br /> notice of sale by public advertisement for the time and in the manner prescribed by applicable law. Trustee,without <br /> demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place � <br /> and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may <br /> determine. Trustee may postpone sale of all or any parcel of the Property to any later time on the same date by <br /> public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee may <br /> purchase the Property at any sale. <br /> Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or <br /> warranty,eapressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the <br /> statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and <br /> expenses exercising the power of sale and of the sale, including Trustee's fees not exceeding 5% of the outstanding <br /> principal balance and attorneys'fees and costs of title evidence; (b)to all sums secured by this Deed of Trust; and(c) ; <br /> to the payment of junior Trust deeds, mortgages or other lienholders, and (d) the eacess, if any, to the person or � <br /> persons legally entitled thereto. �n <br /> �(V�, <br /> Fornt#739 NE (10/961 n.,,,e� ,.o c <br />