Laserfiche WebLink
86-- 104841 <br />by this Decd of Trust immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of <br />taking, with the balance of the proceeds paid to Borrower. <br />I f the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or sack it <br />claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is mailed. Lender is authorized to collect and <br />apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due <br />date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of such installments. <br />10. Son"wer Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust <br />.,granted by Lender to any successor in 'interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and: <br />Borrower's successors in interest. lender shall not be required to commence proceedings against such successor as refuse to extend time €or <br />payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower ? <br />and Borrower's successors in interest. <br />11. Forbearance by €ender Nat a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise of €turfed <br />by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment 4 <br />--;:taxes or other liens or charges by Lender shall not be a waiver of Leader's right to accelerate the maturity of the indebtedness secured by this <br />Deed of Trust. <br />12. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under tbis . <br />Deed of Trust or afforded by law or equity, and may be exercised concurrently. independently of successively. <br />13. Successors and Assign Sound: Joint sad Several Lis OW, Captiats. The covenants and agreements herder contained shat) kited and <br />the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 77 <br />hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deal of Trost <br />are for convenience only and are not to he used to interpret or define the provisions hereof. <br />14. Notice. 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 Trust shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such otheradctress <br />AS Borrower may designate by notice to Lender as provided herein. and (b) any notice to Lender shall he given by certified mail, return receipt <br />requested, to Lender'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 Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the marina designated herein. <br />15. Uniform Dead of Trust: Governing Law: SevembrBty. This form of deed of trust combines uniform covenants for national use and <br />non- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of <br />Trust shall be governed by the law of the junsdiction 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 applicable law, such conflict shall not affect other provisions of this Decd of Trust or the Note which can be <br />given effect without the eonflicurig provision, and to this end the provisions of the Lleed cat Trust and the Nair air declared to be severable. <br />16. Borrower's Copy. Borrower shall he furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or <br />":after recordation hereof. - - <br />1', Transfer of the property; Aswmptlon. If all or, any ,tar. of the Pro}ern ar an interest therein it aoid or transferred by Borrower <br />v „gout 1ender's prior written consent, a chiding 4a1 the G coon of alien or encumbrance subordinate to this Deed of Trust, (b) the creation of <br />- - - -�a purchase money security interest for household appliarnces. tc) a transfe. by dcvtw, descent or by operation of law upon Out death -of a joint <br />tenant cir tdi the grant of any leasehold interest of three Years or im not containing an option to purchase, Leader may, at Lender's option, <br />declare all in, rums secured by the.+ Deed of Trust io he immediateiy due and payable. Lender shalt have waived such option to accelerate if, <br />prior to.. the sale or transfet . Lender and the person to, whom tint Proricrty is to be sold or transferred reach agreement in writing that the credit of <br />such persor is sausfactory to Lender and that the interest payable on the rums secured by this Deer, of Trust shah be at such rate as Lender shall <br />request- If Lender hat watved the (,ptaon io accelerate pro in this. paragraph 17, and if Borrower`s- successor to interest has c ecuted a <br />wrincr, asssunipr.on ag eery r t s,,rpred it wining try i.etisuct. I xnacr shall release i3errrco vcr from all obligations under this Deed of Trutt and <br />the Noic <br />It 1 rxia:r- +.--.r. - +, -: a :ceirra?e. Lender snali mail, Bor=ifwti notice of ac.:elerat :on in accorciancewith paragraph 14 hereof <br />.. <br />Such notice ha:: p.-i Orr a ..__.,.x, .! MY io!s . -.:tat ut dav> f rum the date the ne tacr is mailed within which Borrower mss pay the sutras declared <br />_ aciue. If Borrrwri ° °ut= <_ as=.:. 4a;3r= rr , .tic cxpiranor, of kuch prreod, :._ender r uv, without ftnthtr notice or demand tin Borrower, <br />insnkc any remcsttr- :xrnut: ^v tsivagr -tai IN ncTri>!. <br />.. ?titf4 -1. tiltllRM <'tzt'L1.Ak7N Ikattower and Lender further covenant seid agtte a>. follows — <''i►3..a <br />1g. Acceleestioa: Remedies. Except us provided in paragraph 17 hereof, upon Harrowers h4a deasy- covenant or apereemeut of <br />i on owrr is thb Deed of Trued, uckeding the covenants to pay when dote say sums secured by this Deed of Teem. Leader prior to so:cirrstion <br />shish mall aotke to Borrower as provided is paragraph 14 hereof specifying: 11) the trresch: (3) the action required to cure such breocb: x31 a <br />date, not less than :lb days from the chic of notice is mailed to Borrower. by wbkb suck breach mast be cared: and (4) tdat.faHare to cure such <br />breach on or before the date specified is the motive may result is acceferatnoe of the sums secured by this Deed of Trust and oak of the Property. <br />The native shall further inform Borrower of the right to reinstate afar aeeeieratiea and the right to bring a coon action to assert the son - <br />existence of a defsolt or any other defense of Borrower to acceleration and ask. It the breach is nor cured on or before the date specified in the <br />notice. Lender at Leader's option may declare sit of the sons secured by this rieed of T rut to be imeaedisteh dot sad payable without further <br />dreaand and my invoke the power of ask and my other remedks permfried by applicable ktw, Leader shall to entitled to cotieet an reasonable <br />costs and expewm incurred to puraisg the remedies provided in this paragraph 18, including, but not limited to. reasonable sonarnelis fees. <br />If the power of sale is lewohd. Tres w AeU record a notice of default in each comply in which the Property or some fart thereof is located <br />and shall aW copies of web notice to the asaw prescribed by applicable law to Borrower and to the other persons prescribed by sppiscable <br />isw. Affair the Low of such time as may be r"wifed by applicable law, Trustee shall give public notice of salt to the persons sad In tir manner ' <br />tit _ed by ammYciphk law- Trusser_ ishlbowit #woomd an Mourn_ stinB xcA— p' <br />Aw _ __ <br />— "'pe:!' at pu .o the Oftw..i m 1W time <br />and place sod under the terms dmipssed is the seeks of soar to asr ur aarre psrreb and in such order as 7 rinser aay deterususe. -1 rustcc rtay <br />pmsip— auk of all or way purest of the Property by public aananwcamear at the tint and place of any previously scheduled +air_ Leader or <br />lAndee's daigose may Pon chain [4 Proper" at shy sale. <br />1'pos ncafpt of Mymem of the prier bid, 1 nmtse shah deliver to the pwrivaier fruster's died conveying the Property said. The recliais is <br />The i ruom'a Meal shag be pears tack evbdeace of the trolls of the staetsrobs tbrrein. Trustee spats appti is* pro c"& of 14r sale to lie <br />fotiawisg larder: tsl to sM vessas"k coals had espemses of the awk. isAudiog but not Hafted tai 'f rustee'a fern of not acre than . °`r <br />of the grass wok asks, reasonable attorney's fees and cuss of title evidence; Ck) to all was secured in rho Heed its lrasn, said ici tlic caress. it <br />rtay, to eke perw o or persons igssy warided thereto, <br />14 borrowers Right to phoustaee. Ns twit hstsn.tnig 1 cadets u tz to Onoi, _± ttti ,eon, �owr9 r,, ,nil I Kx4t ,.�� 1 •;a=n li,a -, ,ar _rata =1 hit -, <br />'hG T =tLCai i,.' r,A %r aP!, it ¢x•-XLt,rzsx lira w; h, i t'31.ISA [�, chit -S'P ti�ei 1Jote. 4', 1 rw kT j,o-. s)ir l d ii 4tei.t At .i., iTC C ;'1; 4 '.. .t4' r.: <br />- " t'ti .3Y: - r, , "'.IR' 4Aff 1h, t 1pr:', r •z At.r <br />(,elect i ii, x .,,,., <br />