|
t 90404942
<br />t. CondmonM m The proceeds of any award or claim for damages, director Consequential, in connection
<br />with any
<br />condemnaUOn orothsr taking of the Property, or parttyereof. or for cgnveyance in lieu of condemnation. aro hereby "ignb
<br />and shalt be paid so Lander.
<br />In flip avant of a tataf lonio of the Property, tlr� proceeds shah be applied to ale sums secured by tiib DEW of Trtul. with
<br />'the a,' - as. if any. paid to Borrower: in the event of a pettier tell[ "mg of the.Propetty. unless t3orrOwar snd Lander olliarwin
<br />aprasinwridng,Vwoo allbaappliedtothtsumssatKWbythisDoodoftrustwAhproportionofttteprcciadsssispuatID
<br />' Mast whichthtiniountotYttwrttsaact xedbythisQMdofTrustimmediaMlyprforta theONad,Wcinsbtarstothe
<br />fair market due of tint property inntrsdiafaty frier b the dab of +taking. with the balanct of lht proceeds paid b Borrower.
<br />the Property is abandoned by Borrower. or N. afMr.notiice by Lender to Borrowerthinthe condemnor oars fafreaks an
<br />atirard or situ a claia► tar damages. Borrows[ fanfold, respond b Lander within M days after the dale such notice is maibd.
<br />L ender is sultiorired b collect and apply the proceeds. at Lenders option. titter b restoration or repair of the Property'ot b
<br />the Wria secured by this Deed Of Trust
<br />f3+aess due dab oirthe monthly instsIl� r reebrr�ed to In �aphs / and 2 or change th Wt notexfendor
<br />- � Y angt the amount of such
<br />14L ftnowarNNDebase& Extension ofthetimbtorpaymentormodificationotemortizationofthesumssecursdbythis
<br />Oetd Of Trust granted by Lender to any successor in interest of Borrower shall not operate to rokme. in any merrier the
<br />liabililyol the original Borrower and Borrowers successorsinteresL Lender not be required to commence proc�edinga
<br />D eddof Trhtntwby reewn of refuse to extend time for payment or otherwise modify amortization of the sums secured by this
<br />any demand made by the original Borrower and Borrowers successions in interea
<br />11. trorraaraeae by Lender Not a Weber. Any forbearance by Lender in exercising any right or remedy hereunder. or
<br />otherwise afforded by applicable law, shelf not be a waiver of or preclude the exercise of any such right or remedy. The
<br />procurerbentofinsuranceotthepaymentottaxesorotherlionsorchargesbyLendershallnotboawaiKarofUw4eetr htlo
<br />acceleraW the maturity of the indebtedness secured by this Deed of Trust.
<br />12. RomsdlN CwnulNtw All remedies provided in this Deed of Trust are distinct and cumulative to any other right or
<br />remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or
<br />successively.
<br />19* t3tneassons and Asaienis Bound; Joint and SererM Uspility; Captions. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shalt inure to, the respective successors and assigns olLender and Borrower,
<br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be oint and several. The
<br />captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or
<br />define the provisions hereof.
<br />14. Hollics. Except f6rany notice required underapplicable law to be given in another manner. (a) any noticato Borrow"er
<br />O rovidodforin this Dad ofTrustshallbe given bymailin such notice by certified mail addressedtoBarowerattheProps"
<br />Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to
<br />lendershall be given by certified mail, return receiptrequested, to Lendersaddress stated herein or Much otheraddressas
<br />Lender maydesignate by notico to Borrowerasprovided herein. Any noticeprovided for In this Deed olTrust shallbe deemed
<br />to have been given to Borrower or Lender when given in the manner designated herein-
<br />15. UnNorm Deed of Trust; Goveming Law. Sec rabNty. The form of deed of trust combines uniform covenants for
<br />national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br />coveting real property. This Deed of Trust shall be governed by the law of the jurisdiction in which theProperty Is located. in
<br />the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable taw, such conflict shall not
<br />affect other provisions of this Deed of Trust ortheNofs which can be given effect without the conflicting provisions, and to this
<br />end the provisions of the Deed of TOM arld the M6* are declared to be severable.
<br />1111. Borrower's Copy. Borrower sMII be fuiNAltitrf is ibW frmedcopy of the Note and of this Deed of Trust at the time of
<br />execution or after recordation hereof. i'^ = i I ?'= -i �• is
<br />17. Trander of the Property; AttbMitpMoni, Nall oreny 0arl orfire property or an interest therein is sold or transferred by
<br />Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed
<br />of Trust, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise descentor by
<br />operation of law upon the death of a joint tenant or (d)the grant of any leasehold interest of three years orless not containing an
<br />option to purchase. Lender may, at Lender's option, declare all the sums secured by this Deed of Trustto be immediately due
<br />and hom he the Lender shall have waived such option to accelerate it, prior to the sale or transfer, Lender and the person to
<br />Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to
<br />Lender and thatthe Interest payable on the sums secured by this Dead of Trust shall be at such rate as lender shall requesi 11
<br />Lender.has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has
<br />executed a written assumption agreement accepted in writing by Lender. Lender shall, reteaso Borrower from all obligations
<br />under this Deed of Trost and the Note.
<br />if Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such noaee shall provide a period of not less than 30days from the datethe notice is mailed within which
<br />Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period. Lender
<br />may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof.
<br />NON- UNIFORM COVENANTS. Borrower and Lender funds[ covenant and agree as follows;
<br />1S. Acceforatfon; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust
<br />Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the
<br />action required to cure such breach; ( 3) a date, not less Iran30 days from the datethe notice ismail edtoBorre er,bywhich
<br />sucti breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in -
<br />acceleration of the sums secured by this Deed of Trusland sate of the Property. The notice shall further inform Borrower of the
<br />right to reinstate after acceleration and the right to bring a court action to assert the non - existence of default or any ot:t:er
<br />defense of Borrower to acceleration and sale. If the breach is not cured on or before the date spec•fied In the notice, Lender at
<br />Lender's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further
<br />demsnd'and may invoke the power of sale and any other remedies permitted by apelicable law. Lender shah be entitled to
<br />eolfectall reasonablecosts and expenses incurred in pursuing the remedies provided in theparagraph 18, intruding, but not
<br />limited to, reasonable attorney a fees.
<br />If the power of sale is Invoked. Trustee shalt record a notice of default in each county in which the Property or some part
<br />thereof is loeatedand shall mail copies of such notice in the manner prescribed by applicable law to Borrower andto the other
<br />persons prescribed by applicable law. After the lapse of such time as may be required by applicable law. Trustee shall give
<br />public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower,
<br />shall sell the Propertyst public auction tothehighest bidderat the timeand placeand under the taints designated in the notice
<br />of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of
<br />the Property by public announcement at the time and place of any previously scheduled safe. Lender or Lender's designee
<br />may purchase the Property at any sale.
<br />_ - - 11(sorhr�iniafpeyme4tOffh![ price!' id. Try4i�shelfdeti�retiothepeirets8ser =s � �' sd> �:.sts::�ptlglt�Prop�,rsrsid..
<br />-he recifatsintheTrustee` sdeedshellbeprimaJeGi@ evidenceofthe truth of the statements made therein. Trusteeshall apply
<br />theproceedsot the sale in thefoltawing ender: (a)toti all reasonable costs and expenses otthesale, including, but not limited to,
<br />Trustae'afeesofnatmorethan_ %ofthegr oases! sprite, reasonable attorney 'sfees and costs oftitteevidence.
<br />(b) to all sums secured by this Osed of Trust; and (c) the excess, d any, to the person or persons legally entitled thereto.
<br />1!. forrowar's ltl4ht ts ilekafah. Notwithstanding Lender's acceleration of the sums secured by this deed of Trust,
<br />Borrower shall have the right to haveany proceedingsbegun by Lender to enforcethe Deed of Trust discontinuedatany time
<br />prior loth@ earlier to occur of (i)the tifthday before'thesate of the Propertypursuantto the power of salecontained in the Deed
<br />of Trust (ti) entry of a Judgment enforcing this Deed of Trust if: (a) Borrower pays lender al +sums which would be then due
<br />under this Dead of Trust, the Note and notes securing Future Advances, if any, had no acceleration occured (b) Borrower
<br />curesall breaches of any other covenants or agreementsof torrower contained in this Deed of'Trust (c) Sofic,wer pays all
<br />reasonableexpensesincurredbyLende: and Trustee enforcingthe coienkints andagreernants of Surrower contained in this
<br />Deed ofTrustand in enforcing Lender'sandTruste4Ws remedies as provided in paragraph 10hercf0f. tric!u(Jing.bul not lnmted
<br />to. reasonable attornoy's fees, and (d) Berrowfir.takessucit action as L©ndt rt may. reasonabiy.re�uirt: tvnssure thni the sets of
<br />this Deed of Treist, lenders interest in the Property and El6trower's obligation to pay the sums securest by this [Deed cf Trust
<br />shall continue unimpaired. Upon such paymentan y cure by Borrower, this [feed of Trust an i Itiv ow! galiuris s�,v tired hereby
<br />shall remairr Ih full force and effect as if no acceleration had occurred
<br />i
<br />411f
<br />•aI
<br />tG�et?
<br />
|