|
87--103628
<br />by this Dud of Trust prior to the data of taking bars to the fair market value of the Pro
<br />taking. with the balance of the proceeds paid to Borrower. Property immediately prior to thR data of
<br />If the Property Is abandoned by Bortoxu. or if. after notice by Lender to Borrower that the condemnor offers to make an award or seek a
<br />claim for damages, Beeowu fish to respond to Leader within 30 days after the date such notice Is mailed, Lender is authorized to coliact and
<br />&MY t e 1>n -. a Leader's option. either to restoration or repair of the Property or to the sums secured by this Deed of Trust.
<br />Unions Leader tend Borrower otherwise apse is writhag, any such application of proceeds to principal shall not extend or postpone the due'
<br />time of the MGM* hIsIodMMU referred to in paragraphs 1 atnd 2 hereof or change the amount of such Installments.
<br />111. Den an Not Roleasa[l. Exteasioa of I1110 time for payment or modification of amortization of the sums secured by this Dad of Trust
<br />grained by Lender to any suooeswr M inters of Borrower shall awn operate to release, in any manner. the liability of the original Borrower and f
<br />Borrowers riammo a in interest. Leader shall not be to commence
<br />required proceedings against such successor or refuse to extend time for
<br />paymag of otherwise modify Amortization of the sums secured by this Deal of Trust by reason of any demand made by the original Borrower
<br />and Borrower's "Comm in interest.
<br />II. Fabeassssee by Laser Net a Welrsr. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by agMiabO bus, shell tot 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 Iiem or charge by Lander shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Doted of Trust.
<br />12. IAesae" CemMatlro. AN rmedies
<br />provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of That or afforded
<br />by law or equity, and may be exercised concurrently, independently or successively.
<br />13. 8estwwa nth
<br />Aasllr seed; 3olat ed &rerrl [JabWry; Gp11ous. 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. AB 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 we not to be used to interpret or define the provisions hereof.
<br />14. Naha. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in
<br />this Deed of Trutt chap be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address
<br />M Borrower may designator by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt
<br />requested. to I ader'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 Dad of Trust shall be donned to have been given to Borrower or Lender when given in the manner designated herein.
<br />13. Uniferse ant of TMI; Garereleg LOW; Severabl11ty. This form of deed of trust combines uniform covenants for national use and
<br />nor+'umiform covenants with Wnitad variations by jurisdiction to constitute a uniform secun:; :i,s,rument 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 eppikablr law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be
<br />given effect without tie
<br />contlictitq provision, and to this rnd the provisions of the Deed of Trust and the Note are declared to be severable.
<br />li, DO OWN', Cop. Borrower shall be furnished a conformed copy of the Note and of this Deed of 'trust at the time of execution or
<br />after recordation hereof.
<br />17• Tom► 01 din MpertY; Aesempdoe. If all or any put 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 />tenurt or (d) the gram of any laueiwld 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 Dad of Trust to be immediately due and payable. Lender shall have waived such option to accelerate it',
<br />Prior to the sale or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreement in writ ing that the credit of
<br />aeh r e a is satefatoy to Lender and that the interest payable on the sums secured by this Deed of Trust shall beat such rate as Lender shall
<br />request. If Leader 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 />the Note.
<br />If Leader exercises such option to accelerate, Leader shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof.
<br />Such 1001109 shall provide a period of not less than 90 days from the date the notice is mailed within which Borrower may pay the sums declared G'
<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 18 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18' ' 18stesdles. KWW as povldsd in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />DO own Is Als Dud of Trout, ledeW11 the COVONMk w Pay when due any soar secured by this Deed of Trust, leader prior to acederadon
<br />shell mW mWes se am on" 10 pns IN /enpnpb 14 hereof s eeifyiegt (1) the blench; (2) the aetloe required to core such breach; (3) a
<br />tbn, test Moms Ihaa 31 thtye from the there of eedee is nailed to Borrower, by which such breech most be cured; and (4) that failure to cure such
<br />breech ere or Iidere Ib dtle WeeMled b toe aoaa eery rethat IN acee"_xatloe of the suer secured by this Deed of Trust and salt of the Property.
<br />The angler SW father hturm Barowar of see dilid to rdause does aceld" don ad the right to bring a court action to awn The non-
<br />wdsfpa of a dsfenk ere tW allow Mom of am over to ge deradoe ad age. It The breach a not cared on or before [be hate specified in the
<br />OWN, Ldsr at Leer's a fdoe sexy dseba ell of diseases seemed by Ilds Dad of Trust to be immeftidy doe aed Payable without farther
<br />dsmaed Y/ a" 1@ do die ewes Of 101t Yd t" DOW rems&n Paamead by applicable law. Leader shall be entitled to collect ed reasonable
<br />eosin sd OPMUM invented IN (Mla . ere wON" PrerMW to this peregroph 18, Iucfetliel, but not Nudged lo, seasonable attorney's fen.
<br />N par Power of Who Is 4trsied. Truant d" win a codex Of default IN each county in which the Property or some part thereof Is located
<br />and toe/ a" coo" of psi aeries r the lMYer prescribed by aPldcahle law to Borrower and to the other perilous Prescribed by appikable
<br />bw. Afar fora lops sf am! dme n • y be , 4-6 by applic"k law. Trustee sW give public notice of sage to Ike permits and in the manner
<br />1 l by 0l11111010Iew. TrmM, wIdling dsagd ore amT15wtr, shaN use the Property al public aeeNon to the highest bidder at the time
<br />tsd Phm ad mew nom W= ddpand b ft aodce d sYe b eater sore Pmceis ant In sack order as Trustee may determine. Trustee may
<br />MOM 10111 N got Of W Posed of ale P o"ty by PNYc Bongos"
<br />aeet at the ease ad
<br />LdWsdw4sasp Ptreh10sNt Pact of soy Previously scheduled sale. Leader or
<br />1ksPesp sot sa4 aerie.
<br />life a 1 10 09 pysetet of ere pin bid. Truss a dam deliver to the purchaser Trustee's deed conveying the Property sold. The recitakt in
<br />the TrmnPs bad shad he Prise fads erI"n of she but♦ of the shiuspr mode thatch. Trustee shag 000Y the pnicerds if the sale In the
<br />feMwlng Soft W se ssB ntasaaalb asn ad eyseses of Ilea Bela. IneloHag, bill 1501 N®Hed to. Trustee's fees of not more then .3
<br />of /4s Was sale Wins,1a01aeOW admasy'$ Dos pd COO of dde evidence; (b) to ON moan secured by this Deed of Trust; and (c) the exam, if
<br />1", 10 ere Pwsse Of perm book,m"s/ dtersts,
<br />19. serrow00'1 FftW M itdOWIn. Notwithstanding Lender's acceleration of the sums se tared by this I)red art Trust, Horroa -er +hail have
<br />the rtglm to helm any Proceedings begun by lender to enforce this Deed of Trusi discontinued at any timr poor to the earlier to occur ors (i) the t.-
<br />fifth coy before the ask of the Property ptoswurt to the power of sate contained in this 1Jeed of Trust or (il) entry of a Judgment en ,, mg th„
<br />Dead of Try if: (a) Borrower Pays Lender all suns which would be then due under thts 11ced of 1711q, the Note :and note..orurury flour,
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />18' ' 18stesdles. KWW as povldsd in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of
<br />DO own Is Als Dud of Trout, ledeW11 the COVONMk w Pay when due any soar secured by this Deed of Trust, leader prior to acederadon
<br />shell mW mWes se am on" 10 pns IN /enpnpb 14 hereof s eeifyiegt (1) the blench; (2) the aetloe required to core such breach; (3) a
<br />tbn, test Moms Ihaa 31 thtye from the there of eedee is nailed to Borrower, by which such breech most be cured; and (4) that failure to cure such
<br />breech ere or Iidere Ib dtle WeeMled b toe aoaa eery rethat IN acee"_xatloe of the suer secured by this Deed of Trust and salt of the Property.
<br />The angler SW father hturm Barowar of see dilid to rdause does aceld" don ad the right to bring a court action to awn The non-
<br />wdsfpa of a dsfenk ere tW allow Mom of am over to ge deradoe ad age. It The breach a not cared on or before [be hate specified in the
<br />OWN, Ldsr at Leer's a fdoe sexy dseba ell of diseases seemed by Ilds Dad of Trust to be immeftidy doe aed Payable without farther
<br />dsmaed Y/ a" 1@ do die ewes Of 101t Yd t" DOW rems&n Paamead by applicable law. Leader shall be entitled to collect ed reasonable
<br />eosin sd OPMUM invented IN (Mla . ere wON" PrerMW to this peregroph 18, Iucfetliel, but not Nudged lo, seasonable attorney's fen.
<br />N par Power of Who Is 4trsied. Truant d" win a codex Of default IN each county in which the Property or some part thereof Is located
<br />and toe/ a" coo" of psi aeries r the lMYer prescribed by aPldcahle law to Borrower and to the other perilous Prescribed by appikable
<br />bw. Afar fora lops sf am! dme n • y be , 4-6 by applic"k law. Trustee sW give public notice of sage to Ike permits and in the manner
<br />1 l by 0l11111010Iew. TrmM, wIdling dsagd ore amT15wtr, shaN use the Property al public aeeNon to the highest bidder at the time
<br />tsd Phm ad mew nom W= ddpand b ft aodce d sYe b eater sore Pmceis ant In sack order as Trustee may determine. Trustee may
<br />MOM 10111 N got Of W Posed of ale P o"ty by PNYc Bongos"
<br />aeet at the ease ad
<br />LdWsdw4sasp Ptreh10sNt Pact of soy Previously scheduled sale. Leader or
<br />1ksPesp sot sa4 aerie.
<br />life a 1 10 09 pysetet of ere pin bid. Truss a dam deliver to the purchaser Trustee's deed conveying the Property sold. The recitakt in
<br />the TrmnPs bad shad he Prise fads erI"n of she but♦ of the shiuspr mode thatch. Trustee shag 000Y the pnicerds if the sale In the
<br />feMwlng Soft W se ssB ntasaaalb asn ad eyseses of Ilea Bela. IneloHag, bill 1501 N®Hed to. Trustee's fees of not more then .3
<br />of /4s Was sale Wins,1a01aeOW admasy'$ Dos pd COO of dde evidence; (b) to ON moan secured by this Deed of Trust; and (c) the exam, if
<br />1", 10 ere Pwsse Of perm book,m"s/ dtersts,
<br />19. serrow00'1 FftW M itdOWIn. Notwithstanding Lender's acceleration of the sums se tared by this I)red art Trust, Horroa -er +hail have
<br />the rtglm to helm any Proceedings begun by lender to enforce this Deed of Trusi discontinued at any timr poor to the earlier to occur ors (i) the t.-
<br />fifth coy before the ask of the Property ptoswurt to the power of sate contained in this 1Jeed of Trust or (il) entry of a Judgment en ,, mg th„
<br />Dead of Try if: (a) Borrower Pays Lender all suns which would be then due under thts 11ced of 1711q, the Note :and note..orurury flour,
<br />
|