Laserfiche WebLink
f; W 100002 <br />by this Deed 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 />if the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to snake an award or settle a <br />claim for damages, Borrower faits to respond to Leader within 30 days after the date such anion is mailed, Lender is authorized to collect and <br />r apply the pr a m p el, at Lender's option, either to restoration or repair of the Property or to the aunts secured by this Deed of Trust. <br />t Unless Leader and Borrower otherwise agree in writing, any such application of proceeds to principal shall nor extend or postpone the due <br />daft of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of sucb installments. <br />iB. Bassawar Not Warmed. Extension of the time for payment or modification of amortization of the stuns secured by this Deed of Trust <br />granted by Leader 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. Leader shall trot be required to commence proceedings against such successor or refute to extend time for <br />1 , - 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 />It. Forbsanew by leader Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded <br />by appticabk law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of <br />taxes or other liens or charges by Leader shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this <br />Deed of Trots. <br />11 t me" Cumulative. All remedies provided in this Dad of Trust are distinct and cumulative to any other right or remedy under this <br />Deed of Trop or afforded bylaw or equity. and maybe exercised concurrently, independently or successively. <br />13. Saearors ad Aadgns Bawd; Jail and Se+enl Liability; Captions. The covenants and agreements herein contained shall bind, and <br />the rights hereunder shall Inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 <br />hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust <br />are for convenience only and are not to be 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 other address <br />as Borrower may designate by notice to Lender as provided herein. and fb) any notice to Lender shall be given by certified mail, return receipt <br />requested, to Leader's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any <br />notice provide] for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />15. Uaiforr Deed of Trap; Governing Law; Seveaabrity. 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 />Truss shall be governed by the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Dad of <br />Trust or the Note conflicts with applicable law. such conflict shall not affect other provisions of this Deed of Trust or the Note which can be <br />given effect without the conflicting provision, and to this end the provisions of the Dad of Trust and the Note are declared to be severable. <br />li. Boeows's Copy. Borrower shall be furnished a conformed copy of the Note and of this Dad of Trust at the time of execution or <br />after recordation hereof. <br />17. Transfer of the Property; Arsrptloo. If all or any part of the Property or an interest therein is sold or transferred by Borrower <br />without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the creation of <br />a purchase money security interest for household appliances. (c) a transfer by devise, descent or by operation of law upon the death of a joint <br />tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, <br />declare all the sums secured by this Deed of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if, <br />prior to the sale or transfer. Lander and the person to whom the Property is to be sold or transferral reach agreement in writing that the credit of <br />such person is satisfactory to Lender and that the interest payable on the sums secured by this Dad of Trust shall be at such rate as fender shall <br />request. If Leader has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has executed a <br />written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Deed of Trust and <br />the Note. <br />If Lender exerases such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. <br />Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared <br />due. If Borrower fails to pay such sums prior to the expiration of such period. Lends may, without further notice or demand on Borrower, <br />invoke any remedies permitted by paragraph 18 hereof. <br />NON - UNIFORM COVENANTS. Borrower and Deader farther covenant and agree as follows: <br />It. Aadawtlaa; Remedios. Eacegt as provided in paragraph 17 hereof, spas Borrower's breach of any covenant or agreement of <br />Barrows Is this Deed of Trop. Including the covenants to pay when due any sums seined by " Deed of Tint, Leader prior to acceleration <br />ricer moll calks to Borrower as provider is paragraph 14 hereof specifying: (1) the breach; (2) the action required to care such breach; (3) a <br />date, cad but tiara 36 days from the date of notice it anted to Borrower. by wild such breath sup be carted; and (4) that footer to cure suN <br />bract an or bef ore she date gmcM eel is the native stay resuh is acceleration of the sums itecnred by this Deed of Trust and fade of the Property. <br />The siadoe tthll furrier hose Borrows of the right to rdapate after seederadoo and the right to bring s court action to asset's the son - <br />edemum of a tlefaaN or any other 1 ese of Borrower to acceleration and side. It the beach is not cared on or before tie date specified in the <br />asYs, Under at leader's option miry dtelaee all of the room me— by this Deed of Trust to be immediately die and payable without further <br />demand and may Invoke tie power of sale and aaay other remedies permitted by •ppB'obie law. Leader shah be entitled to collect err reasonable <br />eosin and egmwm hscnned in pnra . the reardka provided is this paragraph 19, indndfng, but not limited to, renoasile anorsey's fen. <br />If tee pons of seek is invoked. Truster char zeroed a notice of ekfseeH in each county In which the Property or some part thereof it located <br />amd d" mM copra of sui uorie, i the rssas prsaiie/ by applicable low to Borrower and to the other persons prescribed by applicable <br />Isw. Afro tic ipso sf sac! line s fry Ye requlM by ugYaik low, Trustee shall give public notice of sale to the persons ad lathe ones" <br />IaaserM 'by apprtaNe Ion. Trustee, without dammM an Borrower, shall sell the Property at poll k ascUon to the blgbat bidder at she dre <br />and pine and fader rise seems doe I - I In rise miler of sale in one or more purceL and in snorerh order as Trustee may detersise. Trustee may <br />postpone mine of all or ay period of dw Property by peabrc ausorucemeut at the care ad plow of any previously scheduled sale. Leader or <br />Loader's drfgisoe may putebsue sir Property at any seek. <br />Upon vemdpt of poyowo of the prim bid, Trustee shrill deliver to tie purchaser Trustee's deed coiew"4" the Property sold. The red" in <br />to Tress m't dead shore be prime ffelt "Ideuoe of tie truth of the statertats made therein. Trustee shall apply the proceeds of the ask in the <br />hruwlsZ order: (0)10 err reasannbie swam and etpeasma of tie sake, indnAing. but not limited to, Trustee's fees of not more Man n <br />of the Wave fade Pelee, erssoerMe saloruey's fees nod costa of tide evidence: fbh to oil sewn sectored by this Deed of Trtt: and tc# the ezce %, if <br />say, to dim panes or pessoos ktomay eatidrsl tbereto. <br />U. Borrower's Rigil ee Reisslaw. Notwithstanding fender's acceleration of the sums secured hs this DmJ !%t Trust. B---r7 %hall haar <br />the right is have any proceedings heptun hY Lendet to enforce this Deed of Trust discontinued at acts time prior to thr earlier ,v,- 0 t+' 'he <br />fifth day heftre the sake of the Proyaiy pursuant to the ru—e, of Gak .--,nnuned in this Deed „( 1,•.nt i�:i rnt•a .•+ a tudgme•ni r„t„r. -'isle �ht% "' <br />Oved to trust 4 (a) Ilorra'►et PUY% Lender all earns which w:.uld fee then dur -tn:, , 1ht% Streal ..f t., :%c •he '-ire .nett r;...t c% -r. ,.,nq ! �:t tier <br />I <br />