84000963 - Laserfiche WebLink

Browse

$4 -~ ~-i~09~3 9. (budemnation. The pnxecJ+ of any award nr clann for damage., direct nr conseq uentiah in connection with any condemnation or other taking of the Projx.rty, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall he paid to Leoder. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust. with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in wriirog, there shall be applied to the sums secured by this Deed of Ttvst such proportion of the procceds :u is equal to that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the dale of taking bears to the fair market value of the Yropr;rty immediately prior to the date of-taking, with the balance of the proceeds paid to Borrower. If [he Property is abandoned by Borrower, or if, after notice by Lender to Borrower that-the condemnor offers"lo make an award or settle a 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 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. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall norextend or postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or change- the amount of such installments. - 10. Borrower Not Released. Extension n( the time far payment or modification of amortization of-the~sums secured, - by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to-release; in-any. manner;; the liability of the ortginal Borrower and Borrower's successors in interest. Lender shall' not be:required~~ for-commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization-- of'the_ sums: - secured by this Decd of Trust by reason of any demand made by the original Borrower nnd-Borrower's successors-iti interest. - 1 L F'orberrance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or~~ ~ - otherwise afTorded by applicable law, shall not be a waiver of or preclude. the exercise of any such-".right -roc cetnady. The procurement of insurance or the payment of taxes ar other liens ar charges by Lender shall not be a-waiver'df'Lender's -- right to accelerate the maturity of the indebtedness secured by this Deed of Trust. ~ - 12. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to`any ofhee~right or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently; indepentlently or - successively. - 13. Successors and Assigns Bound; Joint nnd Several Liability; Captions. The covenants and agreementss:herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of" Lendecand-Borrower. subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be-~ joint: and:; several. - The captions and headings of the paragraphs of this Dced of Trust are for convenience only and- are .not to~•tie,.used.-ta.- interpret or define the provisions hereof. - 14. Notice. Except for any notice requred under applicable law to be given in another manner,. (a) any: notice -o Borrower provided for in this Deed of Trust shall he given by mailing such notice by certified mail addressed~.to Borrower ar. the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein;'and. (b) any notice to Lender shall be given try certified mail, return receipt requested, to Lender's address stated herein onto. such other address as lxnder may designate by notice to Borrower as provided herein. Any notice provided for. in-this Deed of Trust shall he deemed to have been given to Burrower or Lender when given in the manner designated herein. I5. Uniform Deed of Tnust; Governing Law; Severabitity. This form of deed of trust combines uniform covenants for national tree and non-uniform covenants with limited variations try jurisdiction to constitute a uniform security instrument covering real property. This lleed of Trust shall he 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 'Crust 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 given effect without the conflicting provision:. and to this end the provisions of the Deed of Trust and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be furnished a conformed copy ni the Note and of this Deed oFTrdsLal th~tfine ~ '~` of execution or after recordation hereof. 17. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold-ortragsferrcd~. by Borrower without Ixnder's prior written consent, excluding ta) the creaUOn of a lien or encumbrance subordinate.lo~: - - this Dced of Trust, (b) the creation of a purchase money security interest for household appliance, (c) a transfer by devise, - - descent or by operation of law upon the death of a joint tenant ur • ~ Lender may, at Lender's option, declare nll the sums secured--by this Dced-of Trust to tx• immediately due and payable. Lender shall have waived such option to accelerate i[, 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.credi[ of-suchr-person is satisfactory to Lender and that the interest payable on the sums secured try this Deed of Trustshall.be arsuch,rate as - L.ender shall reyuesi. If Lender has waived the option to accelerate provided in [his paragraph 17,and if Borrower`s successor in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Deed of l'nast and the Note. - If Lender exercises such option to u:eelerate, Lender shall mail Norrower noiice'of acce~e$aftoti~iii3cdance with paragraph 14 hereof. Such notice shall provide a period of not less than 3U days (rqm ,[he zlate.,the- notice is,mailed within which Borrower may pay the sums declared due. If Borrower fails to pay su h surtrs•prior=fo the expiration of such period. Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. NoN-UNIFORM CoveNnnis. Borrower and Lender further covenant and agree as follows: ttl. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of-any coveaadt. or agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured- by. this Deed of Trust, Lender prior to acceleration shall ma6 notice fo Borrower as provided in paragraph 14 hereof spec6'yfrrg:;(1). the breach; (2) the action required to cure such breach; (3) a dale, not less than JO days from the dale the notice a mafkd.to Borrower, by which such breach must be cured; and (4) That failure to cure such breach on or before the date specified ip the rwtfce may result in acceleration of the sums secured by this Deed of Trust and sale of the Properly. The notice slmU further inform Borrower of the right to reinslnte after acceleration and the right to bring a court action to asseA the two-existence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Ixnderrt Lender's option may declare all of the sums secured by this Deed of Trust to 6c immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable coals and expenses incurred in pursuing Ike rcmedus provided in [his paragraph 18, including, but not limited to, reasonable attorney's fees. If the power of sale is invoked, Trustee shall record a notice of default in each county in which the Property or some part thereof is located and shall ma6 copies of such notice in the manner prescribed by applicable law to Borrower and to Ilte other persans prescribed by applicable law. AFter the lapse of such time as may be required by applicable law, Trustee shall give public nolfce of sale to the persons and in the manner prescribed by applicable law. Trustee, without demaud on Borrower, shall sell the Property al public roretion to the highest bidder at the time and place and under the terms designated u the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee may pprcbase the Property al any sale. Upoo receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Properly sold. The recNals in the Trustee's deed shall 6e prima facie evidence of the truth of the statements made (herein. Trustee shag apply the proceeds of the sale in the folbwip~ order: {a) to all reasonable costs and expenses of the sale, inciudittg, but not lirAifed-lo, Trustee's fees of not more-than 1/ L O f 1 40 of the gross sale price, reasonable attorney's fees and costs o[ IMIe avitkttc_r, (b) fo all sums secured by this Dced of Trust; and (c) the excess, if any, to the person or persons lega6y entitled tttergo. 19. Borrower's Right to Reinstate, Notwithstanding t.cnder's acceleration of the sums scoured by ibis Dced of Trust, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust dfscontimted at any time prior «7 [hc e~arlicr to occur of fi) the filth clay before the sale n( the Property pursuant « r the power of sale contained in this Deed of Trust or (ii}entry of a judgment enforcing this Dced of Trust if: la) Borrower pays Lender all sums which w xdd be then due render this Decd of Trust, the Note and notes yenning Future .Advances, if env. had nn accelcraton occurred: (h) Harrower noes ulj brrn: has u( any other crn~cnants or ugreemcnh of Borrower contained in the Dezd of TrusC (c) Bon~ower page all reasonable expenses inaured by f.endct x,nd 'l nrstee in enfixcmg the awcnenis and agrecroenis nt Borrower ceniaincd io this Deed of Trust and m cnforc+ng (-citde.<''s and "I ru~tce's remedacs ae pro+r.lcd ^r p:n~agraph 18 hereof, including. bur nt?.t iim~ted to, reasonable urturnev's (eetc and fdt Bnvu~-er takes su: h ac:~an ,:+ I ender n;ay rea>onubly rtyuir¢ t,~ assure: Ehat tht beau u( this Dced n[ Trout, i endet's inn~re+f en the Prnpcrt+ and Bnnr+.+cr'~ abhgafion n, iw}