|
85--- 103294
<br />,. ♦.
<br />'I hr. pu,cr•Ia r.l am .+•..ardea v7a:m i :.. Junal;c-•. dire, ••i.,.r.v *I,ri.i�al :n •.+•n::citii.n with am
<br />.ondenmation tit other taking of the Proplry, or part !hereof. m cl I conveyance ,r+ two of s ondeinnation, are hereby assigned
<br />and sho(f he paid to Lender,
<br />In else event of i total toting of the (trPp.rty, The, prrcerd, shalt IV Pfd' d n, uhr .unit scoured bs ibis Ikcd ..f Trost
<br />with the excess, if any;' paid to Borrower, In the event of a partial tAt,rili r,! the Piopetty, unless. Borrower and lendcl
<br />01herwise'agree In writing, there shall t.e applied In the sums 'C'ured by III,% (sent .d 'I cos! such proportion of the proceeds
<br />as ie'equsl it- proportion which the amount of the sums secuted 1•y chic 11crd of intact Immed ately poor to the date Of
<br />raku4 beats to fat
<br />rmaiket value of the Property immediately prom to file dale of Iatmg, w,th the balance of the proceeds
<br />IMid to Borrower
<br />^•. pt•ry - Lrin.lrn eil hs tt.anrnrr...r .1 der nnI,,e by 1 e'it.l, I,, B,•ionsrr ihm Ih, „ruJnum-, offer% III make
<br />.tit ..wsrd I.i. settle .i elinnr for .honaKe. Ih.erowct fads u• n'spannl lu 1 cadet wohoi NI day% ahct the dale such notice I•
<br />maifed. Lender it authorized h• collect and apply the proceeds, at Iender's option. tither to restoration or repair of the
<br />Property or to the sums secured by this feed of Trust.
<br />? k Unfess lender and Borrower otherwise agree to writing any ti
<br />application of proceeds to principal shall not extend
<br />or postpone the due date of the monthly Installments referred to in paragraphs I and i hereof or change the amount of
<br />xuchh Installments.
<br />IS. UonowerNot Released. Extension of the time (or payment or modifiLwon of amoritntion of 'the sums secured
<br />by this Deed of Trutt granted by I ender to any successor in interest Of Borrower andll not operate to release. in any manner.
<br />the iishilily,,of flit original Borrower and Borower's successors in interest. I coder shall no! be required to commence
<br />proceedings against such successor or refuse to extend time (or payment or otherwise moildy amortisation of the sums
<br />secured by this Deed of Trust by reason of any demand made by the original Borrower and Gnirower's successors in Interest
<br />11. Porbearsltce by lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder. or
<br />otherwise afforded by applicable law• shall not fie a waiver of or preclude the exercise of any such right or remedy
<br />The procurement of insurance tit the payment of taxes or other bens or charges by Lender shall not be a waiver of Iender's
<br />right to accelerate the maturity of the mdehledness secured by this Deed of Trust
<br />12. Remedies Comtolative. All remedies provided in this Decd of Trust are distinct and aamulative to any other fight
<br />or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or
<br />successively
<br />13. Surcdstsrx end Asxians Bound; Joint and Several IJab(IBy; Captions. The :ovenants and agreemuas hereon
<br />contained shall hind, and the rights hereunder shall incite m, the respective successois and assigns of Lender arul Bortowrr
<br />subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several
<br />The captions and headings of the parsg6raphs of Inn Deed of Trust arc for convenience only and ate not to be used it,
<br />interpret or Jenne the provisions hereof
<br />Id. Nolke. Except for any notice requited under applicable law to be given m another manner. (a) any notltc to
<br />Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at
<br />the Property Address, or at such Aber address as Borrower may designate by notice to l ender as provided herein, and
<br />(h) any notice to Lender shall be given by certified ' mail. return receipt requested, to Lender's address stated herein at to
<br />such otbei_ address as render 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 />15. Uniform Deed of Trust; Goverrilag Low; Severobli ty. This form of deed of trust combines uniform covenants for
<br />national use and nonuniform covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering tea( prtfleertyi Thin Deed•ab.Tamu ohall he governed by the law of the jurisdiction tit which the Property is located
<br />In the evenvikit,iity ♦nOaialdrli °otleJalteeilf' din Deed of Trust or the Note conflicis with applicable law, such conflict shalt
<br />not affect othe'W roviiidris!df iblhl2iCed; of Trust or the Note which can he given effect without the conflicting provision.
<br />and to this cri� t Atli Deed of Trust and the Note are declared to be severable.
<br />It:. =:Ranwwessassowei ; iha11.6e furnished a conformed copy of the Note and of this Deed of Trust at the time
<br />of execution or after recordation hereof.
<br />17. Transfer of the Property: Assumption. It all or any part of the Property or an interest therein is sold or iransferred
<br />Ivy Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trine. (h) the creation of a purchase money security interest for household appliances. (c) a transfer by ; evi%c
<br />descent or by operation of law upon the death of a joint tenant or Id) the grant of any Icasehuld interest of three )ears or less
<br />riot containing an option to purchase. Lender may, it Lenders option, declare all the sums secured by this Deed of Trust to he
<br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer. !.ender
<br />and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person
<br />is salisfaclory to Lender and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as
<br />Lender shall recluesl. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor
<br />in interest has executed a written assumption agrecineol accepted in writing by Lender, Lender shall release Borrower front
<br />all obligations under this Deed of Trust and the Note.
<br />If Lender exercises such option to accel�rwe. Lender shall mad Borrower notice of acceleration In accordance with
<br />parseraph Ie hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. It Borrower fails to pay such sums prior to the expiration of such period.
<br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereot.
<br />Nord•UNiroRm f'OHlPIANTS Borrower and Lender further covenant and agree as follows:
<br />IV. Acceleration; RewmeNes. Except w PMTMed In Paragraph 17 hereof, upon aorrowees breach of any covenant or
<br />agreement or Borrower in Ibis thed of Trost, fadecoling Ike covenants to pay when doe any sums secured by this Deed
<br />of Trust. I.endtr prior to acceleration shall small rongice to Borrower as Provided in VAralgraph 14 hereof Verifying: (I) the
<br />breach. (2) Ike action resulted to care such breach; (3) a date, not less than 30 days from the date the aotke B mailed to
<br />Mrrower, by wkkk inch breach Insist be cared; and (4) that failure to can such breach on or before the dale specified
<br />In the melke may result in acceleralim of eke was steered by Ibfa Deed of Trust and sale of the Property. The notice
<br />a" farther inform Borrower of the right to relntlglt offer acceleration and the right to bring a cow" action to wets
<br />oke, we"nissenee of a default or any other defemoe of Ilierrower to acceleration and sale. if the breach is not cared
<br />iota or before Ilse dole specified In Ike notke. Lender al Lender's opion may declare all of the sums secured by Ibls Deed
<br />of Touts is be imwwedlMely due and Payable wkkow further *MOW and may invoke the Pewee o' safe and may other remedies
<br />pt molted -by- applicable how. render sboll be eolkkd Is colkel NI reasomobk costs and exercises Mc erred In Pawaal" On
<br />Bean, Ile f pre. Ned in this paragraph it. lot adhM. but was lk"td lo. rton ruble attensey's fed,
<br />N the power of sale Is Invoked. Troche it" meet a notice of default in each county In wkkb the Property or same
<br />part Nweseelf is located ltd shah mail coon of part naNce in Me wanner p m.Med by aPPikobk law a am wer and to Ike
<br />ngher peraom; prettribed by applicable few. After Ike lopa of web time ma may be required by appkcabR Jaw. Trustee "
<br />glee '.Nate angles al oak N Moe It - and to Iha manner Prescribed by applicable law. Treat". without demand on
<br />/orrewer, ohm anti the property M pow NKtim N the highest bidder N The time cad place and trader the forme designated
<br />In The unlike of sal In one or waoet pmree4 and In each order as Trustee may determine. Trustee may postpone safe of on
<br />of may pprcd of IM hoped), by poMk . sionceouM M the Ihae axed place of pay Presioady schedald ask. Leader or
<br />Lander" s djew"" o ey ptareliaae Nate i; 1 N my oak.
<br />boa receipt of payment of the price bW Tristan 9W deliver Is the purchaser Trootee's deed conveying the Pre fterty
<br />sold tAe eethak In The TnmW's dead sMR be prime took evidence of the truth of the statements made tkereiJa. Trustee
<br />ohm*,sppt} Me pwoods of she oak he Ike tomewiaj) side rt (a) N ON reemnabk costs and expenses of the oak, Incladhy. but
<br />net Nrflltad so. Truant is ha of not men thorn % of the gtou eek Price. reaaonsble attorney's fees mat cents of
<br />akk - 16m -; 0) is all QaatM seeded by Mils Deed of Teruel; sold Id the exceao, M may, to the Parson or personas kgaNy entitled
<br />_Id. 1111jeaoweraa Might N.Reias-a t. Notwithstanding Lender's acceleration of the sums secured by this Deed of trust.
<br />/arroweor " Mve the tight to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at
<br />any tuna prior to the earlier to occur of 43) the fifth day before the sale of the Property pursuant to the power of sale contained
<br />do tMo Deed of Truss or (ii) imory of s judgment enforcing This Deed of Trutt if: (a) Borrower pays Lender all sums which would
<br />be then doe snider ibis Deed of Tow. the Note and moats securing Future Advances. If any, had no acceleration occurred:
<br />(b) Borrower cum all breaches of any other covesanas tsr agreements Of Bofrewer contained in this Deed of Trust.
<br />(cl berrw,er pays all reasonable expenses Aurred by lender and Trustee in enforcing the covenants end agreements of
<br />Borrower contained in Ibis feted of Trust and m enforcing Lender's and Truxtet's remedies as provided in paragraph 18
<br />hereof, including, (pas not limited to• itasonr .i!mney's fees, and Ws Borrower takes arch achon as Lender may remonahh
<br />require to assure that the lien of that Direr 1 Trust. Lender's interest in the Properly and Borrower's obligation to pay
<br />VI-6 ___ I
<br />
|