|
�r�.!
<br />87- 100799
<br />by this Deed of Trust immediately prior to the date of taking bears to the fair market value of the Pr,;perty immediately prior to the date of
<br />taking, with the balance of the proceeds paid to Borrower.
<br />- ii, the Fn vttenty is abandoned by Borrvwer, or if, after notice by Lender to Borrower that the condemnor otters to make an award or settle a
<br />claim for damages, Borrower fails to respond to Lender within 30 days alter the date such notice is mailed, Lender is authorized to collect and .
<br />apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust.
<br />I mess Lender and Borrower otherwise agree in writing, any such application of,proceeds to principal shall not extend or postpone the due
<br />date of the monthly installments referred to in paragraphs i and 2 hereof or change the amount of such installments.
<br />10. Borrower Not Released. Extension of the time for payment or modification of amortization of the awns secured by this Deed of Trust ;
<br />granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower. artd
<br />Borrower's successors in interest. tender shall not be required to commence proceedings against such successor or refuse to extend time for
<br />payment or otherwise modify amortization of the sums secured by this Deed of Trust Its, reason of any demand made by the original Borrower
<br />and Borrower's successors in interest.
<br />11. Forbearance by Lender Not a waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded' ;
<br />by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of
<br />taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this'
<br />Deed of Trust.
<br />12, Remedies Cumulative. All remedies provided in this Deed of Trust are disttnc7 and cumulative to any other right or remedy trader this '
<br />Deed of Trust or afforded bylaw or equity, and maybe exercised concurrently, independently-or successively.
<br />11 Successors mud AssiRas Boned: Joint and Several Liablik -: Captions. The covenants and agreements herein contained shall bind. and
<br />the rights hereunder shall inure to, the respective successors and atsigns. of Lender and Borrower, subject to the provisions of paragraoh 17'
<br />hereof. Alt covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust.'
<br />are for convenience only and are not to he ased to interpret or define the provisions hereof.
<br />14. Notice. Except for any notice required under applicable law to begiven in another manner, (a) any notice to Borrower provided for iu
<br />this Deed of Trust shah be given by mailing such notice by tzri-ifed trail addressed to Borrower at the Property Address or err such outer adduce
<br />as Borrower tray designate by notice to ].ender as provided herein. and {hi any notice to ].ender shall be given by certified mail. rezurn recimpt,
<br />requested, to Lender's address stated herein or to such other address as Lender may designate by notice w Borrower as provided: herersi.
<br />notice prt?s:ded for in this Deed of Trust shat be deemed to have been given to Borrower or Lender when given in the manner designated Itteresrr.
<br />15. 1'alform Deed of Trust: Governing Law: SeverabiNty. This Corn of deed of trust wmbims uniform covenants for nat onad use and
<br />non - uniform covenants with limited oar atiors zv iurisdiction to constitute a u., tom security riot -umem covering real property.. This Deed of .
<br />Trust shalt be governed by the law of .be iart.sdtction in which the Property is located. In the event that any provision- or clause of this Deed of "
<br />Trust or ter Note conflicts with applicable law-, such conflict shall not affect other drov.sicrs of this reed of Trust or the '_time wIn,* can be
<br />given effec=t without the .onflicring prcnision, and to this end the provision, of the Deed of Trust and the !Note are declared to be severable.
<br />id. Borrower's Copy. Borrower shall be furnished a cPnto,-med ,, y of .hr emote and of this Deed of Trust at the time of execution or
<br />: after recordation nereof - .. -
<br />r#
<br />1'. Transfer of the Property: Assumption. -If all or any part of tfic PropeGt or art interest therein is sold or transferred by Bcirrwvr
<br />'r
<br />A ?tl}t11:? Lender's pT3IIr written :(tnSeflt, eXClitdln$ (d) the C: a -at1Qn f)d a {Eon £H' [7 :?IIbv'3.nar g1:bCrtsi;rtr2te t3 this 7.iiee'd of-Trust- (1!) :he e2ntio'fS {f.:
<br />a pu chase tarty stcntrit} interest for household appiianres . tcl a rtamsfa by de=ise. desc cent or by operation o€ law upon the dea€h of a On e.
<br />f '
<br />, (Man a (d) the grant o =, any leasehold interest of three years or iess nor oomanting an option to purchase, Lender may, at Leech's oMm
<br />dt Aart all the ums, sc x:: eat by this Decd of Trust to be immediately dui and payable. Leader shall have waived such option ze ax eieratt if,
<br />t
<br />prior to the ale o, .ranste . Lender and the person to what: tht Property is to be sold or Lransferred re each agreement in writing that the credit od
<br />f-
<br />::such person is satisfactory :o Lender acrd thatthe interest payable on tits sumis cet-ured b thus Deed of Trust shall -beat such rate as Untler-shalt
<br />request If Lender has wai%ed the plion to accelerate provided it: this paragraph 17. and id Borrower's succctsssor in uncrest has titiectitcd a '
<br />written asumpnon agreement accepted in writing by Lender. Lender s':?all release Borrower from all 01ligations under this Deed of Trotilt and
<br />the Nett..
<br />t
<br />If Lender ixet'nt GS : uc`t opvtn re, aczelrraic, Lender ehafi rmul B. rS weer mroce ,f acce'lerat2C*n to accordance with paragraph t,( bears f.
<br />� i
<br />SttCdt .,PLice sftaia - i�.de a Pe r ti.d Jt nit( .e15 :::an 30 3ayS tF`)rP the era :. .. t rir .4'G a s r:a,.ed Rstdn:t wren Borrower mar, pav the swims declared
<br />--
<br />due,. If Borrower fails to pay Such sums peat iP the expiration of sucr mood_ l_Gndtr _.ray. Rnihonti f3z*dler rtUirlY tTr demand on
<br />iris oke any retred =es :,crrnitted by paragraph 111 herex "..
<br />-ON -L NIFORM CO3 E.,A T'5 Sorroweranc Lender {c... ^ez -o e.ani an agreeas f000ws,
<br />le. Acceleration: Remedies. Except as provided in paragraph I' bereof. upon Borrower's breach of any covenant or agreement of
<br />Borrowerin this Deed of Trust. including the cnveaants to pay when due any suss secured by this Deed of Trent, Lender prior to aesele nudion
<br />shall mail notice to Borrower as provided in paragraph 14 hereof specifytag. (1) the breach- t21 the action required to rare srtch htemeh: ± }i a _
<br />date, not less time 30 days from the date of notice is mulled to Borrower, by which such breads mom be cured; and (41 that fatturr to rare sach
<br />b—.co on or before the date specified it, the notice may Malt in acceleration of the sums secured by this Deed of Trust mod side of the Proper" ?.
<br />_
<br />The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring m cotter action to ascents the rtoir -
<br />existence of a default or any other defense of Borrower to accelerattor, and salt if the breach its 3W cured on or before the date spec is the
<br />notice, Leader at Leader's option may declare all of the suss secured by this Deed of mast to be tmmeclimtefy due and payable without further
<br />demand and may duvoke the power of sale and any other remedies permitted by applicable tire. Lender shall be entitled to cohort all reasonable
<br />costs and expenses incurred in pursudnq the remedies provided in this paragrapit 18. including, but not limited to, reasonable attoracy -s tees.
<br />If the power of sire is imoittit Tlusuee shall record a Bourn of default to curb county in which the Property or some parr thereof h located
<br />mud shall Mail copies of such notice in the manner prescribed by applicable draw to Borrower aatd to the other venom Aced by lap
<br />lee. After the hapse of such time as may be required by applicable law, Trustee shaft give public notice of sale to the parsons mud in the manner
<br />prescribed by applicable law. Trustee, without demand on Borrower. shat{ nil the Property at public auction to the highest bidder at the time
<br />and plate and under the terms designated in the notice of sale in one or more parcels a" in such order as Trustee mace determine. Trustee Many
<br />poarpoae sere of all or any parcel of the Property by public aanounremmi at rbe time and piece of an), prevtousty sebedukd sale. tender or
<br />Tinder's designee Mot; purchase the Property at ma± sale.
<br />t pan receipt of Payment of the price bid, 1 ruster shmtl deliver to the purchaser Trustee'* deed rvayeying the Property sold. The recitals i.=
<br />: the Trustee's deed 4a11 be prima rude evidence of the truth of the statements made tberrio. Trustee shall apply the proceeds of the sale in the, - -
<br />following order: is) 10 all reasonable costs and expenses of the yak. inctudmjl, but not limited to, Trustee's fees of not mtwe than t
<br />..
<br />at the arose oak price, erm ;ouable attornev's fees and "tart! of cite "idcecr: tbl to all +u>us waited hr this Deed of Trust: unit 4r: ittr rycrvc, if
<br />may_ to tb' perxoo or persoa, tegally ratitted thereto- - -
<br />..
<br />-
<br />114 Borrower l {right 1'. Reinstate . tiY)`ul!)!. " ; ;..cs...i i.'_.RaC.• :t -.LY �Td. ka':'..a .t`. ci -.'i'- '.i'- .:w(-1 iKtJ i'- i l,',.-.. i!.' ' ". tr_� ot,,
<br />-
<br />rr_i
<br />�r�.!
<br />
|