Laserfiche WebLink
66,1022`8 <br />not personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any other Borrower <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 />r 12. Notice. Except for any notice required under applicable taw to be given in another manner, (a) any notice to <br />IBorrower 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. GeveesLg Law; Sevembillty. 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. Bertewer's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the <br />time of execution or after recordation hereof. <br />15. RehabWtadss Loom Agreement. 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. Transfer of the he*eety, Asonmpdoa. • if all or any part of the Property or an interest <br />therein is sold or transferred by Borrower without Lender's <br />prior written consent, <br />excluding (a) the creation of a lien or encumbrance subordinate to this Deed of <br />Trust, (b) the creation of a money <br />purchase security interest for household appli- <br />ances or (c) a transfer by devise, descent or by operation of law upon the death of <br />joint tenant, Lender may, at Lenders <br />option, declare all the sums secured by this <br />Deed of Trust to be immediately due and payable. Lender shall have waived <br />such <br />oopption to accelerate if, Prior to the sale or transfer, Lender and the person to <br />xttom the >tropertp is to be sold or transferred reach agreement in wr * , that the <br />credit of swat Person is satisfactory <br />to Lender and that the interest payable on the <br />sums secured by this Deed of Trust shall be at such rate as Lender shall <br />request. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of <br />acceleration in accordance with paragraph 12 hereof. Such <br />notice shall provide a <br />period of not less than 30 days from the date the notice is tailed or delivered <br />within which Borrower may Pay the autos declared due. If Borrower fails <br />to pay such <br />sums prior to the expiration of such period, Lender may, without further notice or <br />demand <br />on Borrower, invoke any remedies permitted by paragraph 17 hereof. <br />NON - UNIFORM COVENANTS. Borrower mad Lender further covenant and agree as follows: <br />17. Acceleration; Roundlet. Except se provided in paragraph 16 hereof, epee Berruwer's breech of any covenant <br />or agroement of Borrower t• this Deed of Trust, including Borrower's fallare to pay, by the end of 10 calendar days after <br />they we duo, say suet secured by this Deed of Trost, Leader prier to saeleradon shall give nedee to Borrower as <br />Provided he paragraph 12 bereof specifying: III the breach; (2) the action required to can such breach; (3) a data, not <br />less then 20 days &ear the date the nodee is mailed to Borrower, by which such breach must be cared; and (4) that <br />failure to con such breech on or before the date specified in the nodce may result in acceleration of the sues second by <br />this Deed of -Trost and sale of the Property. The notice shall farther Inform Borrower of the right to reiettate after <br />acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower <br />to acceleration and sale. Lf the breach is not cored on or before the date specified in the notice, Lender, at Lender's <br />option, may declare all of the some secured by this Deed of Trust to be immediately doe and payable without farther <br />demand and may invoice the power of sale and any other remedies permitted by applicable law. Leader shall be Budded <br />to collect all reasonable come and expenses incurred In pursuing the remedies provided In this paragraph 17, Including, <br />but not Ibmlhd to, reasonable attorneys' fees. <br />If the power of sale is invoked, Trustee shall record a notice of default In each county In which the Property or some <br />Part tiasof is locatd and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and <br />to the other perseus proscribed by applicable law. After the lapse of such flan as may be required by applicable law, <br />Trustee shall give pull natlee of sale to the persons and in the manner prescribed by applicable law. Trustee, without <br />demand " Borrower, shell sell the Property at public auction to the highest bidder at the tine and place and under the <br />terms designaed In the notice of sale is one or roan portals ant Is such order as Trustee may determine. Trustee may <br />Psetpeos axle of all or any parcel of the Property by pebllc announce t at the those and lace of any y previously <br />scieduioi sale. tender or Iander's dealgese my Purchase the Property at any sale. <br />Upon Nicer of payment of the price bid, Tromso shall delver to the parchsaw Trustee's deed conveying the <br />Property sold. The red" in the Trusto's deed sball be prime facie evidence of the truth of the statemnh made <br />therein. Tromso sball apply the proceeds of the sale In the following order Ice) to all reasonable costs and expenses of the <br />sale, i whmNol i, but ant paled to, Trustee's fees actually incurred of not mom thou ............. :f. of the gross sale <br />price, ressimm" attorneys' tees and costs of title evidence; (b) to all soma secured by this Deed of Trust; and Ic) the ex- <br />can, if any, to the Psam or ponons totally endued thereto. <br />18. Borrewor's Rlgbt to Roleou". ,Notwithstanding Lender's acceleration of the sums secured by this Deed of <br />Trust, due to Borrower's breach. 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 Dees! of Trust or 60 entry of a judgment enforcing this Deed of Trust if: <br />ri{ <br />(a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration <br />occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of <br />Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and <br />�@ <br />agreements of Borrower contained in this Decd of Trust and in enforcing Lender's and Trustee's remedies as provided in <br />paragraph 17 hereof. including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as <br />>. <br />!.ender may reasonably require to assure that the lien of this Deed of Trust. L.ender's interest in the Property and <br />Borrower's obligation to pay site turns secured by this Dc&l of rrust shall continue untmpairrd 1;'pon such payment ind <br />cure by Borrower. this Deed of trust and the obligatiuns secured hereby shall remain in ;all force and Meet as if no <br />.eceieratron had occurred. <br />