|
F
<br />L
<br />by this-Deed of Trust immediately D03381
<br />mediately prior to the date of taking hears to the fair market value of the Property immediately prior to the date of
<br />tatting. with the baler" 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 />apply Proceeds. at
<br />a ms's option, either to restoration or repair of the Property or to the sums secured by this peed of Trust.
<br />Boa 0— otherwise agree in writing, any such application of proceeds to Principal shall not extend cr postpone the due
<br />date of the monthly instaWaents referred to in paragraphs I and 2 hereof or change the amount of such installments.
<br />1!. 90 ease Not Rdso mL 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 t'elease, i.n any manner, the liability of the original Borrower and
<br />successors in interest • Lender shall trot 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. Forbe wmm by Leader Not g Wolver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded
<br />by Wk" 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 lies or charges by Lender shall no be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Deed of Trust.
<br />12. REM"" Ctmndative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this
<br />Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively.
<br />13. Susaeatsoa and Assigns Stated; Joint and Several Liability;
<br />� rights 6WtY•; Captions. The covenants and agreements herein contained shall bind, and
<br />th 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 norto 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 nailing such notice by certified mail addressed to Borrower at the Property Address or at such other address
<br />as Borrow may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified retail, return receipt
<br />requested, to Lender's address stateed 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 manner designated herein.
<br />15. Usorores peed K Trust;
<br />Ceverafug Law; Severabflty. This form of decd 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 shalt be governed by the law, of the jurisdiction in which the Property is located. In the event that any provision or clause of this Deed of
<br />Trust or the Noe 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 Deed of Truest and the Note are declared to be severable.
<br />16. Sorroner's Copy. Borrower shall be furnished a conformed copy of the Note and of this Iced of Trust at the time of execution or
<br />after recordation hereof.
<br />17. Transfer of the ProPerly; Assumption 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, Lender and the person to whom the Property is to be sold or transferred 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 Deed of Trust shall be at such rate as Lender shall
<br />request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has cr.ecuted 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 exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof.
<br />Such notice shalt 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, Lender may, without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph 18 hereof.
<br />NON- UNIFORM COVENANTS. Burrower and Lender further covenant and agree as follows:
<br />1!. Acceleration; Bsmedtm. Except o Provided to paragraph 17 hereof. UPON Borrower'b.breach o1 soy covenant or agreement of
<br />Borrower Je this Dpd of Trust, including the covenants to Pay whin due may wens scoured by
<br />data, ■N tat � Narrower ns Provided y 14 bursar sp@dfyiaagc (1) the bracb; (2) the action required to cure such breach acceleration 3) ai
<br />door trop the data ie notice h muted to Borrower, by which such breach sm m be cared; and (4) that foUare to cure such
<br />The N an w � tine dole aPecllltd d the notice easy reeaft Je socsf tedeol of the sums secured by this Deed of Trust and pus of the Property.
<br />The notice shsgl nmiip IHesrn■ tt m owes of the right N MMI'W ales sceelerstloe and tbt right to bring a court action to avert the non_
<br />ottNnoe o f s dtdauk or am4 oddm defew of Sot rtwa to nefthemd t and sale. If the brash le not cured ono before the dale sPaxdfkd in the
<br />demand Leadp o Iwnier's oPltee ■tsY demclere M of the snot secured by this peed or Tram to be Immediately due and Payable without further
<br />cam and �" lower eM safe and anY other asnaeeMm Permitted by s0pBeeble Jew. Leader stop be Sodded to coMeet W reasonable
<br />It �e Penrer of safe 4 hnohed tlK rem Provided Je Hdo Paragraph 18, Including, but not linked lo, reasonable altmruey's fsa.
<br />' Trammelled shed record a Notice eN dsfaaft in each cooly In which the
<br />and shored mail copies or rod Notice is the tt MOW PrperNed by aPlltabk law Ins Bee rower and to the PFOPerly other or sole Part thereof le located
<br />law. Affair tie IBM ed Such time as may be wctafStd b' a/PMeebte Jew. Trustee give Public notice of sale to t6ns prescribed by applicable
<br />Psusaoed b OPPMel6k law. Terotm, without demand an Borrower, s�M seed the P Persons and in the manner
<br />and Pines and amdsr the terms dmlg"Nold d the aotiee of safe In one or more property a Pn rde as oar to The highast bidder at the Nose
<br />Postloae pie of aM or any Puseaf K tine t t e d and Je such order as Tmvake any determine. Trustee may
<br />Prat m b labMc annouacemneat at the Nee sed P'we of SOY Previously scheduled ask. Ltoder or
<br />LSuMr9 dttafgraa mq' loachass she ProPsrly a/ any We.
<br />VPan wo shpt of P4mtN of the price kid, Trustee AM deliver to the Purclweer Trustee's deed conveying the Property sold. The rec(ols in
<br />Me Trustee's bed) sholl
<br />t* m be Prima hde evidence and a of tic hulk of the statements made therein. Truskc Shall apply the proceeds of the sale in the
<br />roMowiug esdsr: (a► to i nestuaik eos4 and ettµnsas or the safe, Including, but not limited to, Trasw's revs of not amore tbon
<br />Of Bo hams sore Kim, SanpaebJe RUWWY's tees and casts of title evidence; (b) 10 all soon Second by bPk so
<br />any, to She Parana - Pertalr this Deed of Trust; and (c) the excess, if
<br />sodded Ihaelethis
<br />H, Borrower's SIgM N Bedestate. Notwithstanding Lender's acceleration of the sums secured by this [lord of Trust, Borrower shall have
<br />the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior to the earlier to occur of (i) the
<br />fifth day before the sale of the Property pursuant to the power of sale contained in this Deed of Trust or (it) entry of a judgment enforcing this
<br />Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under this Decd of Trust, the Note and noecs srculiug Future
<br />
|