|
IN
<br />I
<br />RE-RECORDED (la
<br />87--� 102012 10" -i Q3
<br />by this Deed of Trust immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of
<br />taking, with the balance of the proceeds paid to Borrower.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a
<br />claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is mailed, lender is authorized to collect and
<br />y the procceds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust.
<br />Unless 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 sums 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 and
<br />Borrower's successors in interest. Lender 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 Heed of Trust by reason of any demand made by the original Borrower
<br />_... _._ ._,...
<br />and Borrower's successors in interest.
<br />11. Forbearance by Leader 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 Ti ust.
<br />12. Reawdin Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of Trust or afforded bylaw or equity, and maybe exercised concurrently, independently or successively.
<br />13. Successors and Asidgers Bound; Joint end Several Wablflty; Captions. The covenants and agreements herein contained shall bind, and
<br />the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17
<br />hereof- All 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 be used to interpret or define the provisions hereof.
<br />14. Notice. Except for any notice required under applicable law to he given in another manner, (a) any notice to Borrower provided for in
<br />this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address
<br />as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt
<br />requested, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any
<br />notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Uniform Deed of Trust; Governing Law; Severabllity. This form of deed of trust combines uniform covenants for national use and
<br />ton- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of
<br />Trust shall be governed by the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Deed of
<br />Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be
<br />given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />16. Borrower's copy Copy. Borrower shall be furnished a conformed ca of the Note and of this Deed of Trust at the time of execution or
<br />v
<br />after recordation hereof.
<br />n
<br />17. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred by Borrower
<br />without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the creation of
<br />a purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint
<br />tenant or (d) the grant of any leasehold interest of'three years or less not containing an option to purchase, Lender may, at Lender's option,
<br />declare all the sums secured by this Deed or Trust to be immediately due and payable. Lender shall have waived such option to accelerate it.
<br />prior to the We or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of
<br />such person is satisfactory to Lender and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Lender shall
<br />request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has executed a
<br />written assumption agreement accepted in writing by Lender. Lender shall release Borrower from all obligations under this Deed of Trust and
<br />g
<br />,
<br />the Note.
<br />v'
<br />If Lander exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof.
<br />Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared
<br />due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph III hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />it. Acceleration; Remedies. Facept as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />Borrower to this Dad of Treat, Including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration
<br />*0 sun notice to Borrower as provided in parcipleph 14 hereof specifying: (1) the breach; (2) the action required to care such breech; (3) a
<br />dab, sot ka the" 30 flays from the date of notice Is malled to Borrower, by which such breach mat be weed; and (4) that failure to curt such
<br />breach on or before the dab specified is the notice may refit In acceleration of the sum secured by this Deed of Trust and ore of the Property.
<br />The under shall farther hsfoty Borrower of the right to reinstate aft acceleration and the right to bring a court sction to &seen the non-
<br />existence of a defame or any other defense of Borrower to acceleration sod sic. If the breach is not cored on or before the dale specified in the
<br />angles, Laden of Lender's option my declare all of the sums secured by ibis Dad of Trust to be Immedlatdy due sod payable without further
<br />demand and my Invoke the power of sale and any other remedies permitted by applicable law. Leader sbaY be esidded to collect all ramble
<br />cook told expenses incurred In persidag the remedies provided in this paragraph 10, including, but not limited to, reasonable attorney's fees.
<br />It the power of ask is invoked, Trustee shall record a notice of default In each county in which the Property or some part thereof is located
<br />and thelill mO copes of such notice to the manner prescribed by applicable law to Borrower and to the other persona prescribed by applicable
<br />_... _._ ._,...
<br />lase. Afbr d e hapae of such tiro as may be rgalred by opplilcabille law, Trustee shall give public notice of sale to the persons and in the manner
<br />prescribed by applicable low. Trustee, without demand on Borrower, shall sell the Property at public section to the highest bidder at the time
<br />mill place and under the terms designated in the notice of sale In one or more parceb and In such order as Trustee may determine. Trustee may
<br />postpone ask of all or any parcel of the Property by public announcement of the time and piece of any previously scheduled sale. Leader or
<br />(.ender's dodgim, nay purchase the Property at any ask.
<br />Upon receipt of payment of the price bid, Trustee *AN deliver to the purchaser Trustee's dad conveying the Property sold. The recitals in
<br />due Tree's deed sholl be prime fouls evidence of The truth of the statements made therein. Trustee shall apply the proceeds of the sate In the
<br />following ~* (a) to oil romonallsk costs sod exposes of the safe, Including, but not limited to. Trustee's fees of not more than - . 3
<br />of the grow sole price, reasonable attorney's fees and costs of 011ie evidence. (bl to all sums secured by this Deed of Trust; and (cl rive exceaa, if
<br />any. to the perians or persons legalir entitled thereto.
<br />19. 's Right to Reinstate. Notwithstanding Vender', acceleratton of the crams secured by this Deed of Trust, Borrower shall have=
<br />the right tar have any proceedings twgun by 1 -ender to enforce Ihi, IN-rd of I Tml di,continned at any time prior to the earlier to Iwtty .,I (o the
<br />fifth day hrtfnae the Sale etc the Property pursuant to the parser of salr omiatned to thug [)red of I rust of 00 entr} of a Judgment rntnt, Inv 01t,
<br />f),m, l If I I',Itll it uric 11"'r,ov" died, I PI:dei All Knrn, wllfth .(lulu br'hro tills tinder ito, I)evd of I?t I, 011 N,.Ie md 11 , -t..lf lli& I lid li��
<br />
|