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<br />Loan No: 12922 <br /> <br />DEED OF TRUST <br />(Continu8(:1) <br /> <br />200611308 <br /> <br />"'; .- <br /> <br />~ I ::, <br /> <br />Page 2 <br /> <br />.~:. <br /> <br />.!!t. <br /> <br />other hazard and liability insurance as Lender may reaeonably require. Ponties,shail be written in form, amounts, coverage,s and basis <br />reasonably acceptable to Lender and issued by a company or companies raasor"1ably acceptable to Lender. Trustor, uPQl'l, request of <br />Lender, will deliver to Lender from time to time the policies or .certificates of insurance in form satisfactory to Len<far, including <br />stipulations that coverages will not be cancelled or dimir.lished without at ,least ten (10) days prior written notice to L~hder. Each <br />insurance policy also shall include an endorsemer'!t pr!)viding that ?overage 'in favor of Lender will not be impaired in any I/yay by any <br />act, omission or default of Trustor or any other person. Should th,e Real Prpperty be located in an area designated by the Director of <br />the Federal Emergency Management Agency as a special flood llazard area, Trustor agrees to obtain and maintain Federal Flood <br />Insurance, if available, within 45 days after notice is glven: by Lend~r that the Property is located in a special flood hazard area, for the <br />. full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set <br />under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the <br />loan. <br /> <br />LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other <br />claims, (B) to provide any required insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to <br />maintain Existing Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that <br />would materially affect Lender's interests in the Property, then Lender on Trustor's behalf may, but is not required to, take any action that <br />Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear <br />interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All such <br />expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (8) be added to the balance of <br />the Note and be apportioned among and be payable with any installment payments to become due during either (1 ) the term of any <br />applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable <br />at the Note's maturity. <br /> <br />WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: <br /> <br />Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all <br />liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in <br />any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of <br />Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. <br /> <br />Defel'lse of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property <br />against the lawful claims of all persons. <br /> <br />EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: <br /> <br />Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor <br />expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such <br />indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such <br />indebtedness. <br /> <br />EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen: <br /> <br />Payment Default. Trustor fails to make any payment when due under the Indebtedness. <br /> <br />Break Other Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner <br />provided in this Deed of Trust or in any agreement related to this Deed of Trust. <br /> <br />Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note <br />or in any of the Related Documents. <br /> <br />Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or <br />insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br /> <br />Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, <br />any assignment for the benefit of 'cfeditors, any type of creditor workout, or the comniencement of any proceeding under any <br />bankruptcy or insolvency laws by or against Trustor. <br /> <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation <br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or <br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, <br />may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in <br />a manner satisfactory to Lender, and, in doing so, cure any Event of Default. <br /> <br />Insecurity. Lender in good faith believes itself insecure. <br /> <br />Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the <br />time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such <br />indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to <br />foreclose any existing lien on the Property. <br /> <br />Right to Cure. If any default, other than a default in payment is curable and if Trustor has not been given a notice of a breach of the <br />same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Trustor, after receiving written notice <br />from Lender demanding cure of such default: (1) cures the default within ten (10) days; or (2) if the cure requires more than ten <br />(10) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and <br />thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably <br />practical. <br /> <br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default under any indebtedness, or should Trustor fail to <br />comply with any of Trustor's obligations under this Deed of Trust, Trustee or Lender may exercise anyone or more of the following rights <br />and remedies: <br /> <br />Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby, <br />Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become <br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may: <br /> <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and <br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its <br />own name or in the name of Trustee, and do any acts which it deems I"!ecessary or desirable to _ preserve tba.--'lalue, <br />marketability or rema:bllltyof the Property, or part of the Property or interest in the Property; increase the income from the <br />Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise <br />collect the rents, issues and profits of the Property, including those past due and unpaid, and apply the same, less costs and <br />expenses of operation and collection attorneys' fees, to any indebtedness secured by this Deed of Trust, all in such order as <br />Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and <br />profits, and the application thereof shall not cure or waive any default or notice of default under this Deed of Trust or <br />invalidate any act done in response to such default or pursuant to such notice of default; and, notwithstanding the <br />continuance in possession of the Property or the collection, receipt and application of rents, issues or profits, Trustee or <br />Lender shall be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the <br />occurrence of any event of default, including the right to exercise the power of sale; <br /> <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />covenants hereof; and <br /> <br />(c) Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to <br />cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly filed for record in the <br />appropriate offices of the County in which the Property is located; and <br />