Laserfiche WebLink
<br />'-~~'" t1U~~t <br />not personally liable on the Note or under this Deed of Trust, and lc) agrees that Lender and any other Borcower <br />hereunder may agree to extend. modify, Forbear, or make any other accommodations with regazd to the terms of this <br />Deed of Trust or the Note, without that Borrower's rnnsent and without releasing that Borrower or modifying this Deed <br />of Trust as to that Borrower's interest in the Property. <br />12. Nod«. F-accept for any notice required under applicable law to be given in another manner, (a) any notice to <br />Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail <br />addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender <br />as provided herein. and (b) any notice to Lender shall be given by certified mail to Iindei s address stated herein or to <br />such other address as Lender may designate by notice to Borrower as provided heroin. Any notice provided for in this <br />Deed of Trust shall be deemed to have been given to Borrower or Linder when gives in the manner designated herein. <br />13. Gmarnltsg Law; Serenbillry• The state and local laws applicable to this Deed of Trust shall be the laws of the <br />jurisdiction in which the Property is }located. The foregoing sentence shall not limit the applicability of Federal law to <br />this Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable <br />law, such cotrflict shall not affect other provisions of this Dted of Trust or the Note which can be given effect without the <br />confliMing provision, and to this end the provisions of this Deed of'trust and the Note are declared to be severable. As <br />used herein, "costs", "expenses" and "attorneys' Fees" include all sums to the extent not prohibited by applicable law or <br />Limited herein. <br />14. Hornwa's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the <br />time of execution or after recordation hereof. <br />15. RehabiBtatton Loan Agreement. BotTOwtr shall fulfill all of Borrower's obligations under any home rehabilita- <br />tion, improvement. repair or other loan agreement which Borrower enters into with Lender. cinder, at Lender's option, <br />may require Borrower to execute and deliver to Lender, in a form acceptable to Cinder, as assignment of any rights, <br />claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with <br />improvements made to the Property. <br />16. Traasfa of the Prope[er; Assemptioo. If all or any part of the PzoQerty or an interest <br />therein is sold or transferred by Borrower without Lender's pr ear written conpnt, <br />excludingq (a) the creation of a lien or encumbrance subordinate to this Deed of <br />Treat, {b) the creation of a purchase money security interest for household appli- <br />ancss or (c) a transfer by devise, descent of by operation of law upon the death of <br />a joint tenant, Lender may, at Lender's oplion, declare all the suss secured by this <br />Deed of Trust to be immediately due and payable. Lender shall have waived such <br />option to accelerate if, prior to the sale or transfer, Lender and the person to <br />whoa the Property is to be sold or transferred reach agzeesent in writing that the <br />credit of such person is satisfactory to Lander and that the interest payable on the <br />sums secured by this Reed of Trust shall be at such rate as Lender shall request. <br />If Lender exercises such option, to accelerate, Lender shall tttail Borrower notice of <br />acceleration in accordance with paragraph 12 hereof. Such notice shall provide a <br />period of not less than 30 days Eros the date Lhe notice is [sailed or delivered <br />within which Borrower may pay the turps declared due. If Borrower fails to paY such <br />suss prior to the expiration of such period, Lender may, without further notice or <br />demand on Borrower, invoke any resedies permitted by paragraph 17 hereof. <br />NoN-L;NiFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Acceieratkm: Remedin. Ezcept as provided in paragnp6 16 hereof, upon Borrower's breach of any covenant <br />or agr«ment of Borrower in tJds Deed of Trmt, irtclading Borrower's failure to pay, 6r the end of 10 caleedar days after <br />they ors duo, say sums second br t6b Deed of Treat, Lzedu prior to acceiention shall give noN« to Borrower s. <br />provided In paragraph 12 hereof specifying: { l f the breach[ {21 the action rsgatnd to cure sac6 breach: (3) a date. not <br />less than 20 days from the dace the aotice is mailed to Borrower, by whicFi sgr,-t htttltF>&t_trtaat_-kS~cll[~i,apd 14) that <br />[aih[n to can such breach on err before the date specffled in rite notltt mar ~arsit:imaacekretleaet€#Ye ~ second by <br />thts Deed oLTraat and talc of the Property, The nott« shall fart6u int 8astdwerot? tl)!e'~ri~ht tdittt'reiuttate after <br />accelentioe and the right to bring a tours action to assert [hs noeezhtenceadECiutt o[ iny'bther ~efenw dE Borrower <br />to accetentbe sad sale. u the beach is not card on or before the date specl6ed in the mutt«, linden, at Lender's <br />option, may declare ail of the sums second br this Deed of Trost to be immediately due and payable without farther <br />demand sad may tnvake the power of sale and any other remedies permitted by applicable law. Lender shall be entitled <br />w collect a6 nasonabic costs and e:pensn incurred is pursuing the remedies provided in this paragraph 17, including, <br />but not limited to, rasonable attorneys' fen. <br />Lf the power of sale b invoked, Trmt« shall record a entice of default in each county in which the Property or some <br />part thereof is located and shalt ma6 eopia of such eoNct in the manner prescribes by applicable Law to Borrower and <br />to the other ptnomt prescribed by applicable law, After the tape of such time as may be required by applicable law, <br />Trast« shah give pnbik eotl« of sate to the persom and in the manner prescribed 6y applicable taw. Tract«, without <br />demand on Borrower, sha-1 sett the Property at pablic auction to the highnt hidden at the time and place and ender [he <br />terms designated in the Holies of sate in nee or mom parceb and Ea such order as Trustee may determine. Trustee may <br />postpone salt of alt or lay pared of the Property by public announcement at the time and piece of any pnruously <br />schedalsd sak. Lends or I.mda's dnigme may parchase the lsroperh at any sale. <br />Ups re«ipt d p:ymeat of the pri« bid, Trmtes shaft ddirer to the purchaser Trustee's deed coereying flee <br />Property soW. The recitals ie the Trustee's deed shall be prima facie evidence of the truth of the sta[emseh made <br />tisetaht. 1'rmtec shall apply the proceeds of the sale in the following order. lal to all reasonable cosh and ezpeesn of the <br />sale, )adading, bat met (united ta, Trustee's fees utnatir incanted of not mom than ..... . ....... %a of the grog sale <br />grist, reasonable attorneys' fees and cosh of Nde erJdtncet (bl to all same secured by this Deed of Trost; and {cl the ez- <br />etaa, of say. to the psalm or penom legally entlttsd thereto. <br />28. Botrowa's Rigbt to Retmtate. Notsv~thstanding Ltndtr's accelerattnn of the sums secured by this Deed of <br />Trust, due to Borcower`s breach. Borrower shall have the nght to have any prncerdings begun by Lender to enforce this <br />L)etd of`Trust discontinued at any t)me peon to tht eazlitr to occur of tit the fifth day before tht salt of tht Property <br />pursuanF to the power of salt cnntaitstd in this Deal of Trusi nr till entry of a lodgment enfnrcing this teed of Trust if: <br />ter) Borrower pays Lender sit sums whith tsould tx ihtn due under thts [bed of Trust and the Notc had no acccltration <br />neertrted; (bi Borrower cures al} breaches of any ether tovcnants nr agreements of Burrower contained to thrs Deed of <br />Trusf; (c) Borrower pays afi reasonable txpenscs tncurrtd by Lender and Trusttt to enforcing the covenants and <br />agres•rrttnsa of Botsexwsr contained its this [bed et Trust and :n entorrtng Lindens and Trustee's remedaes as provided in <br />paragtapft 17 htrsaf. including. but rent hmittd to. rtasonabie attorneys' Pets: and td) Bnrrowtr tails such actu>n as <br />Lender may masooably require to assure that the lien ~t this Dted of Trust, lindens inttrtat m the Property and <br />E_trnt[swrr's afstigaitort to pax the coma strurtd by this L?et'd ut l'rusi shat[ :vmtenue untrtpairtd. L-Exit such paymtnt and <br />rota by Bcxsrrwer, thlt I~:d ==t T?ust and tht nbhgat:<sns securtd htrebs snail rcmam m full fi.n-r and tffert ac if stn <br />actrc[erat~sa has9 +xYUrrccE. <br />