Laserfiche WebLink
L <br />86-- 103079 <br />net pesonally 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 Trot as to that Borrower's interest in the Property. <br />12. hailer. 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 odw address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Deed of Trost shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />13. Governing Lawn Ssrrnbilky. 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 Dad of Trust or the Noe 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 pri..isions of this Deed of Trust and the Note are declared to be severable. As <br />used herein. "costs ". "expenses" and "attorneys' fees" include all sum: to the extent not prohibited by applicable law or <br />limited herein. <br />14. Bsewower's Cory. 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 />13. Rehabilitation Lees 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. Trmwhw of the Property; Amuertiou...if all or any part of the Property or an interest <br />therein is sold or transferred by Borrower without Lender's prior written consent. <br />excluding (a) the creation of a lien or encumbrance subordinate to this Deed of <br />Trusty (b) the creation of a purchase money security interest for household appli- <br />ances or (c) a transfer by devise, descent or by operation of law upon the death o! <br />a joint tenant,'Lender nary, at Liander's option, declare all the sums secured by this <br />Deed of Trost to be immediately due and payable. Lender shall have waived such <br />ooppttion to accelerate if, prior to the sale or transfer, Lender. and the person to <br />itthoef>�rty is to be sold or transferred reach agreement in writing that that <br />SUM seof sal person is satisfactory to Lender and that the interest payable on that <br />by this Deed of Trust shall be at such rate as Lender shall request. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of <br />acceleration in accordance with paragraph 12 hereof. Such notice shall provide a <br />period of not less than 30 days from the date the notice is mailed or delivered <br />within which Borrower may pay the sung declared due. If is fails to pay such <br />sues prior to the expiration of such period, Lender may, without further notice or <br />demand 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; Roos". $seep[ as provided In paragraph 16 bseeef, open Borrower's branch of any osrwamt <br />or agreement of Borrower to this Deed of Trent, including Borrower's fatless to pay, by the end of 10 calendar days after <br />dry an den, my seen secured by this Deed of Trost, Leader prior to accefemdon shag give notice to Borrower as <br />provided In paragraph 12 hose*( specifying: (1) the breaeht (2) the action requited to con such breach-, (3) a date, not <br />less team 20 days fees the date the notes is mailed to Borrower, by which said breech mint be cued; and (4) that <br />failure to cue such beach on or before the date specified to the notice may rssailt in acceleration of the saes second by <br />this Deed of-Tre t said sale of the Property. The Hades shall farther iaiform Borrower of the right to reinstate after <br />acceleration amid time right to bring a court action to wort the nonexistence of a default at any other defsaw of Borrower <br />te aeeoionW@m and sale. If the breech is not cured on or before the date specified In the notice, I.etuder, at Lender's <br />option, may declare all of the sense secured by this Dead of Trost to be immedhtely due and payable without further <br />deemed and any imveb the power of sale and any other remedies permitted by applicable-law. Leader shall be eadded <br />to coUnt ail ransom" cent sad exposes Incurred in pursuing the remedies provided In deb Paragraph 17, including, <br />but ant ltmibd to, renew" attoraieys' fees. <br />H do power of nab Is invoked, Trustee shall record a notice of default in each county to which the Property or some <br />Poet tharesf is located and shall mall copies o(such nodes is the mummer proscribed by Applicable law to Borrower end <br />to the otlmr ponems proscribed by applicable law. After the lapw of such time as may be required by applicable law, <br />Trustee snail give public n*gce of safe to the persons and in the nsaoner prescribed by applicable law. Trustee, without <br />demand w Borrower, mall sell the Property at public section to the highest bidder at the rinse and place and under tie <br />Cures designated in the motico of safe L sae or more parcels sad is such order as Trustee may determine. Trustee may <br />Postpone nab of all at my parcel of the ProPett7 b public amnouoctumt at the time and <br />y P plea of any previously <br />scheduled wile. Lsmdor or Lender's desiDmm my purchase the Property at any sale. <br />Upon reoolpt of pmymow of the pries bid, Trustee sbail deliver to the purchaser Trustee's deed conveying the <br />Property sold. The rocihtis in the Trustee's deed shalt be prim facie evidence of the truth of the stateaseats made <br />therein. Tranw shall atrriy the procesde of the oak in the following order. Is) to all reasonable costs and expenses of the <br />sale. Including, but set United te, Trustee's tees actually Incurred of not more than ............. % of the gees sale <br />Imo. swo - 11 alb. mays' fees and cab of tWa evidence; (b► to all sums secured by this Deed of Trust; and (c) the ex. <br />case, If my, b the pen*a or peesoes legally studded thereto. <br />I& Serrowor's Rfgit to Reimstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of <br />Trost, 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 W the fifth day before the sale of the Property <br />pursuant to the power of We contained in this Dad of Trust or 60 entry of a judgment enforcing this Deed of Trust if. <br />(a) Borrower pays Leader all stuns 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; (e) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and <br />agreements of Borrower contained in this Deed 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 />Leerier may reasonably require to assur- that the lien of this Deed of Trust. Lender's interest in the Property and <br />Borrower's obligation to pay the sums se . ,cd by this Deed otTrust shall continue unimpaired. Upon such payment and <br />cure by Borrower. this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no <br />aLcelera :ton had occurred. <br />