|
by this geed of Trust immediately prior 85--m 002702
<br />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 make an award or settle a
<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 />Pry' at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed t Trust.
<br />Unless Leader and Borrower otherwise agree in writing, any such application of proceeds to rind
<br />F date of the monthly inafalhtieats referred to in principal shall not extend or postpone the due
<br />1 ®, paragraphs 1 and 2 hereof or change the amount of such installments.
<br />Or Not wed. 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. Linder shall not be required to commence proceedings against such successor or refuse to extend time for
<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 Under Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<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
<br />taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Deed of Trust.
<br />12. Rtooetitt Cnisbgre,. All rerrfedies
<br />Deed of Trust or afforded by law or Provided
<br />be x this Iced of Trust are distinct and cumulative to any other right or remedy under this
<br />t3, equity, `� may be exercised concatrrentty, independently or successively.
<br />and mud; Joliet and Several l.fabinty; Ca
<br />the rights hereunder shalt inure to, the res moons. The covenants and agreements herein contained shall bind, and
<br />hereof. Ail covenants and pective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17
<br />agreements of Borrower shall be ioint and severe !. 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 />11. !Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to
<br />this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at the Pro Borrower provided for in
<br />as Borrower may designate by notice to bender as provided herein, and (b) any notice to Lender shall be given by certified mail, return cipt
<br />Property Address or at such other address
<br />requested, to Lender's address stated herein or to such other address as Lender male designate by notice to Borrower as provided herein. An
<br />notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated heron
<br />15. Ut�or® Y
<br />t)Mtad Trtta• Governing law: Severabinty. 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 ieed of
<br />Trust shall be governed by the law of the jurisdiction in which the Pro
<br />"crust or fire Note conflicts with applicable party is located. In the event that any provision or clause of this Deed
<br />given effect without the conflicting provision, an of
<br />law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be
<br />d to this end the provisions of the Deed of Trust and the Note are declared to be severable.
<br />lei. Borrower's
<br />Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of 'Trust at the time se execution or
<br />after recordation hereof.
<br />17. Transfer of the property; Assumption. If all or any part of the Pea
<br />without Lender's prior written consent, excluding (a) the creation of a hen or encumbrance subordinate to this feed of Trust, (b) the creation o
<br />party or an interest therein is sold or transferred by Borrower
<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 Lenders o tion
<br />declare all the sums secured by this Deed of Trust to be immediately due and payable. !.ender shall have waived such option to accelerate , nt
<br />prior to the sale or transfer, Lender and the if,
<br />such person to wham the Property is to be sold or transferred reach agreement in writing that the credit of
<br />person is satisfactory to Lender and that the interest payable on the sums secured b • this Deed of request, if Lender has waived the option to accelerate provided in this Paragraph 17, and if Borrower's tlUfiaeltisor ]n ]merest has ender d llll
<br />written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Deed of Trust and
<br />If Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof.
<br />Such notices provide a period of not less than 30 days from the date the ncxice is mailed within which Borrower may pay the sums declared
<br />due. 6f rower fails to pay such sums prior to the expiration of such lacteal, !_ender may, without ( urther notice car demand su Hoe
<br />invoke any r seed
<br />Permitted by paragraph Ill hereof, rower.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further
<br />covenant and agree as follows.
<br />lg' Acceleration; . FAcgm as provided in
<br />Borrower {s tills [teed of Trust. ���� 17 �'f• uptiN! 's breath
<br />of any covcuant or agreement of
<br />to the coved t® pay when due any sum seeuntid b tktk
<br />provided in 14 Y Deed of Trust, lender prior to acceleration
<br />date' breach on at hiss fkat 30 days trap the dote of notice is peoifyiux: (1) t� breach; (2) the action required to cure such breach; (3) a
<br />before the dot to Borrower, by which h bmeb
<br />mwit be cured; trod (4) that failure to curt such
<br />b Nee aaty result in accNeratioa of the s
<br />nw notice aw further intwas Borrower of the right to by this eked of Trust send �k of the Property.
<br />to
<br />extir"re of a after acceleration and the right to bring a court action to the non .
<br />m' other dotfoatatt of Borrower to acceleration and sale. li The
<br />. Under at t.eader's may is not cured on or before
<br />an of the snow the date specified in the
<br />demand lardy bnol<e the by this Meted of Trust to be immediately due and
<br />Po*r of tsde toad any permitted D payable without further
<br />COS"
<br />a
<br />and elpeftea incurred 'a l"seliaiall Nee p IN t y di law. t enter sited De treason to cattor all sable
<br />l all
<br />If fire of ank k �vok" apb Ill, including. but
<br />Trustee sot 11ttrltyRd tin, reasonable attorttty's tin,
<br />' record a of default In each county in which the
<br />t of such In the lire ►peel, Of some
<br />part thereof its located
<br />Aft the Melee of each as may be by ® ble taw tip Borrower std tit The other by a leek
<br />y law, Trustee give public notice of to the Prescribed
<br />hew. Ttastee
<br />. ors a d
<br />and Ph" On Borrower. shun vin be property and is the manner
<br />told under the k�tr In the piety at �rbne aacUoa 10 flit Dix t b at tint time
<br />of la (me
<br />of mRre paresrhs sad IN s�D nr�r i rusty rosy d. trrtxtiat. 1 rester leis., smia
<br />of aR or leery of the
<br />,® y by like an mmuctment 81 the Unit and place of say previouAy
<br />Property at tut,
<br />�.It. sc ukd l•r ear
<br />l�t of pnxtt�t of tite price bid °r t 1 vet !o)
<br />,s
<br />T be teethe dw
<br />Ike push T'rnSt's euu`tydRx tier 1'ro o would. tit rrcilrtslao in
<br />L of the truth of I� stole merits mall t
<br />(a) to t� n. `truster shall
<br />t ■ a apph the pry Rot tit oak in the
<br />of tort of lbt sak, including- but "Of limited to. i rust `g / eat Roll more Ikea �•�
<br />price. s f seed emits of Utie ev
<br />y, to taut idtrRrta ctrl too all sums,
<br />urtd by tkkv 1 set trust, sRtf tci ter t.to if entitled thome.
<br />tq" ms's tit. P+itatwithstan�lit�g
<br />'fee right toe {tavc any pfa� ' in z
<br />Lerader'w ��ete °r�tbo;t3 lit the "MIS V,4,11terl ts� tltt; 1#t�r,l �a, 1:i�at t
<br />d Unbyl.ertrti.�r�ril�,rtefhi 1Jta "c6 = +f tar�!"�es•ttsiiits�r
<br />ffltl'! r)m� t °�*f €ark t, tit$, wale aef tfae i`rt
<br />I tllat t(Ew`:i SgPtit111c•Cl !! �i?L E?!114" b °,
<br />� t�f €t7 Pt'+ °9c e' ;i ed`B d.e ; e,
<br />fifty pt�lwUan, tA? cite i3Cewfr (?t w�¢q t °9iri i6 iiaa del F$1P Deed let t ftlSS ?t Ilia e'?it . tli ,'t fit Fhi
<br />t�l t8f t r4J.ht 3t_ {�] 11t1f YCawer p�,y f_I'M1N all flUdte% i.riYti: lY'�)t8ttt
<br />t tdlicis
<br />tx�° iti3 t,11 xSt;ii 2?,.e
<br />q.'s,.i n''4 tj `E.ili fti� 4' , ;2iES r'
<br />
|