Laserfiche WebLink
87-- 1036 <br />not personally liable on the Note or under this Deed of Trust, and k) agrees that Lender and any other ewer <br />hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this <br />Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed <br />of Trust as to that Borrower's interest in the Property. <br />12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to <br />Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail <br />addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender <br />as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to <br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />13. Gsnrwlmg Lawi SeverablNty. The state and local laws applicable to this Deed of Trust shall be the laws of the <br />jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to <br />this Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable <br />law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the <br />conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As <br />used herein. "costs". ,expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or <br />limited herein. <br />14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this feed of Trust at the <br />time of execution or after recordation hereof. <br />15. Rmbsbintatton Loan Agreem al. Borrower shall fulfill all of Borrower's obligations under any home rehabilita- <br />tion, improvement, repair or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, <br />may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, <br />claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with <br />improvements made to the Property. <br />16. Trawler of the property. If Borrower sells or transfers all or any part of the Property or an interest therein. <br />excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust. (b) a transfer by devise. descent. or <br />by operation of law upon the death of a joint tenant, or (c) the grant of any leasehold interest of three years or less not <br />containing an option to purchase, Borrower shall cause to be submitted information required by Lender to evaluate the <br />transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and <br />this Lend of Trust unless Lender releases Borrower in writing. <br />If Lender, on the basis of any information obtained regarding the transferee, reasonably determines that Lender's <br />security may be impaired, or that there is an unacceptable likelihood of a breach of any covenant or agreement in this <br />Deed of Trust, or if the required information is not submitted, Lender may declare all of the sums secured by this Deed <br />of Trust to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower <br />notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days <br />hem the due the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails <br />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 17 hereof. <br />NON- UNIFORM COVENANTS. Borrower and Leader further covenant and agree as follows: <br />17. Acceleration; Ronodlm. Exempt as provided IN P V 1 16 hereof, open ionoweer's breach of my covenant <br />or aposrnout of No own In this Deed of Trust, Indndlog Borrower's 111 In pay, by the sad of 10 calendar days after <br />lb" we due, any smm ascend by this Deed of Trost, Larder prier to sonlwaek" dealt gyve rhotts In Borrower m <br />prodded In p—mili pb 12 hand speclfyinr (I) the breschl (2) tM action required to ewe sorb bnaebt 13) a date, not <br />Into alum 20 days from the deft On notes Is mailed to Botrewor, by wbkb such I I lust be cured; and 141 that <br />tallow so ewe such breach oa or bofon the due SVWWsd In the wmtloe my result In ataMr edso of the sw secured by <br />ales Dosd of Treat and side of the Peoprty. Tin motto shall further inform Borrower of dw right to FA=t to after <br />seedwell so and do right to bring a court aelfew to tonne the wsaalelsmm of a dofsWt er toy other eis9 of Borrower <br />is smdosMlsu and male. If tin broulo k not ctvtd on or before the dam speetlled In rho <br />optlow, nosy ekslaee an of the sea secured by ibis Deed of Trost to be Iomodisub doe and r <br />timoand amd may Invoice the power of sale and any other reme I paoidad by ypnceble Iaw <br />so of -an es-- s, costs nod expanses Incurred In posmimg the rooms" provNmd In tole pssagrap <br />but mot Nmgsd io, nsemwahk altstneym' ism. <br />N dw power of ale k khvebmi. Tertse dealt rem a matte ef dalamlt In tench county In which the Property or some <br />pare dmomf Is Imeaud sad seen nan copies of such netts In alto tswmmsr pesesclbad by applicable law to Borrower end <br />se the other parsons p a r It l by appneabk low. Aber the lopmm of sorb time n may be required by oppllable law, <br />Thalloe shsn give pobnc motley of sat to the perests ofd In the manner p o crWed by appncahle law. Trustee, without <br />dnm" stn Bomwor, slaty men the Property at poMk aostimm to the bigbmN bidder at the time and place end under the <br />Hers designated In the notice of ask In ewe or here pace I and In such order rr' Trustee may determlot. Trustee may <br />postpone side of all at sty pared of the Property by public anwoMesusenf of the the and place of soy previously <br />miodeled sae. twmdw or Lew I as da II may purchase the Prepeely At my Oak. <br />Up" receipt of payment of the price bid, Trusts moral ediver to the porchaser Trustee's deed conveying the <br />Property sold. The recitals In the Trustee's deed .ball be prism facie evidence of the truth of the statements made <br />tbadm. Trustee Shan apply the proceeds of the ode is the fellowIng order: lal to all reasonable cow and expenses of the <br />ask. Including, but net Unned to, Trtrtes's tees actually Incurred of not more thaw ............. % of the gross We <br />peke, reasonable aftewweys' has a" coots of tale evidence; (b) to sea sus secured by this Deed of Traci and (c) the ex- <br />sus. K cry, to the pereso or p i lepelg' o Wiled thereto. <br />IB. Bmrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of <br />Trust. due to Borrower's leach, Borrower shall have the right to have any proceedings begun by Lender to enforce this <br />Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the Property <br />Pursuant to the power of sale contained in this Deed of Trust or (if) entry of a judgment enforcing this Deed of Trust if: <br />(a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no accelerat ion <br />occurred, (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deer. of <br />'fri si; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and <br />agreements of Borrmver oYmtained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provOcd in <br />paragraph 17 hereof, including, but not limiter) to, reasonable attorneys' fees: and (d) Borrower takes such action as <br />Lender may reasonably require to assure that the lien of this Deed of Trust. L.endcr's interest in the Property and <br />Bexrower's obligation to pay the sums secured by this Deed of "trust shall continue unimpaired. Upon such payment and <br />cure by Borrower. this Deed of Trust and the obligations w .ured hereby shall remain in full force and effect as if nu <br />i,ttvirraiiam had occurred. <br />