Laserfiche WebLink
<br />81-- iJU3~x3~ <br />9. Caedrmnatbn. "the proceeds of any award or claim for damages, direct or consequential, in connecrinn with any <br />condemnation or other taking of the Property, or pert thereof, or for conveyance in lieu of condemnation, are hereby assigned <br />and shalt be paid to Lender. <br />Inthe event of a total taking of the Property, the proceeds shall be applied w the sums seunkss Borrower and Lender <br />with the excess, if any, paid to Borrower [n the event of a partial taking of the Property, <br />oiherwix agree in writing, there shag he applied to the sums secured by this Deed of Trust such proportio oo to he dateof <br />as is equal to that proportion which the amount of the sums secured by this Deed of Trust immediately p <br />taking bears to the fair marku value of the Property immediately prior to the date of taking, with the balance of the proceeds <br />paid to Borrower. <br />It the Property is abandoned by Borrower, or if. after notice 6y Lender to Borrower that the condemnor offers to make <br />an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is <br />mailed, Lender is authorized to collect and apply the proceeds, at Lenders option, either to restoration or repair of the <br />Property or to the sums stxur~ by this Died of Trust. <br />Unless 1_ender and Borrtnver otherwise agree in writing, any such application of proceeds to principal shall nut extend <br />or pox one the due date of the monthly installments referred ro in paragraphs I and 2 hereof or change the-amount of <br />sttctt installments. <br />10. borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured <br />by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, <br />the liability of the original Borcower and Borrower's successors in interest. Lender shall net be required ro commence <br />prtxeedings against such successor or refuse to extend time for payment or otherwise modify amortization of She sums <br />secured by this Deed of Trust by reason of env demand made by the anginal Borrower and Borrower's successors in interest. <br />I i. Forbearance by Lender Nof a Waiver Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwix afforded by applicable law, shall not he a waiver of ar preclude [he exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes or other liens ar charges by Lender shall not be a waiver of Lender's <br />right to atxeferate the maturity of the indchtedness secured by this Deed of Trust. <br />12. 8emedies Cumtthgve. Ail remedies provided in this Deed of Tntst are distmct~ d eumf'hanrvV to deoendentlvgor <br />suaessively. <br />13 Saceeaors and Assigns Bottrttd; ]Dint and Several LiabilNy; Captions. The covenants and agreements hereto <br />contained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender and Borrower. <br />subject to the previsions of paragraph l7 hereof. All covenants and agreements of Borrower shall be joint and several. <br />The captions ana headings of the paragraphs of this Deed of Trust are for convenience only and arc net to be used to <br />interpru or defice the provtsrons hereof. <br />14. Notice. Except for any notice requred under applicable law to l>e given m another manner. (a) any notice to <br />Borrower provided for in this Dced of Trust shall be given by mailing such notice by cettified mail addressed to Borrower at <br />the Property Address or ai such other address as Borrower may designate by notice to Lender as provided herein, and <br />tb) any nonce to Lender shall be given by certified mail, return receipt requested. to Lender's address stated herein or to <br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this <br />Deed of Trust shalt be dcemed to have been given to Borrower or Lender when given in the manner designated herein. <br />15. Unftarm Dyed at Trtwt: Gexernirtg Law; SeversbBity. This farm of deed of trust combines uniform covenants for <br />national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument <br />courting reef property. This Dced of Trust shall he governed by the law of the jurisdiction in which the Property is located. <br />In the event that any provision or clause a: this Deed of Trust or the Note conflicts with applicable law, such conflict shall <br />not affect other ptovistons of this Deed of Trust or the Note which cars be given effect without the conflicting provision. <br />and to this end the provisions of the Deed of Trust xnd the Note are drlared to be severable. <br />t6. Bormwu's Copy. Borrower shall be furnished a conformed copy of the Nate and of this Deed of Trust at :he time <br />of execution or alto recordation hereof. <br />1'f. 'Itiats~rr of the Propcety; Assumptfo°• If all or any part of the Property or an interest therein is sold ar transferccd <br />by Borrower withou¢ Lender's-prior written consent. excluding r a i the creauvn of a lien or encumbrance subordinate to <br />this Deed of Trust, (b) the creation of a purchase money secant} interest far household appliances, tc) a transfer by devise, <br />docent or by operation of law upon the death of a joint tenant or (dl the grant of any leasehold interest of three years or less <br />trot cAtitaining an option ro purchax, Lender may, at Lender's option, declare all the sums secur~etf by this Deed of Trust to be <br />immediately due and payable. Leader shall have waived such option to accelerate i(, prier to the sate or transfer, Lender <br />:std the person to whom the Property is to be wld ur transferred reach agreement m wasting that the credit of such person <br />is sarisfactory to Lender amt that [he :merest payable an the sums secured by this Deed of Trust shelf be at such rate as <br />Lertdcr shall rrqucst. If Lender has waived the option to accelerate provided in this paragraph l7, and if Borrower's successor <br />in interest has execm~ a written assumption agrcement accepted in writing by Lender, Lender shall release Borrower from <br />alt obligations under this Deed of Trust acrd the Note. <br />If mkt ezucises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shall provide a period of not 4ess than 30 days tram the date ttte notice is mailed within <br />which Borrower may pay [he sums declared due. If Borrower fa~fs to pay such wens prior to the expiration n( such-period. <br />Lender may, without further rnMice or demand on Bormwer, ittvake any remedies permitted by paragraph I g hereof. <br />Nor+-UwteoaM CoveN~Nrs. Borrower and Lender further covenant and agree as follows: <br />1g. Accektutioa; Rereedks. Except >g pcoxftkd in ptuagrapi 17 hereof, upow Borrower's breach of swy covewawt or <br />agrertweat of Borrower in tits Deed of 7rtrs4 iacltttfiag ik covenants to pay when dre ~y styes secured by this Dyed <br />of Trust, tender prier to accdetutiow shall mat? trotter to Borrower a provided fa pttragrapi 14 berrof apecilying: (i} the <br />bretrci; t1:) the action required fo care such bleach: (3) a dste, Dot less rise 30 days Fran the daMe the notke is ~ikd to <br />Borrewu, by wbkh such breach must be cured; attd (~) list fsRure M cure sari breach ors or before the dale specified <br />is tlce tsotke may result is acceknttatt of the sutra aerated by Ibis Decd of Trust and sWe of tie Property. Tie notice <br />slrp twrfher iwform Borrower ~ rite trfgii to reiasiate after arcrkration sad fir right to bring a coact acllos !o aseeA <br />tie ttow-rsisleacr of a detaatt or any olbec defetest of Borrower to acctkratiow awd sale. It the breach fs not cured <br />ow or before fire date specllitd in tie notice, Lcttder at [.cadet's option cony datare tell of tie sutra secured by tits Deed <br />of Trust to 6r itstwtdialety doe and payable without furrier demswd s~ may iwvake tie powu of axle awd any otbu remedies <br />peratted by appBettile hw. tender sbaB be ewtitkd to collect all rrasatttbk costs aed expenses itxarred in pursuing the <br />rttwedks provided io lib psngraph lg, iacladittg, bW not tiwiitrd to. reasottsbk tutoracy's tees. <br />ff qtr power of sale b hunted, Truster sbW record a notice of defawN in each coanty in whirl the Properly or some <br />pgt Cheroot b lacatrd awd stall mad copies of sash entice in tie mawtur prescribed 6y appliett6le law to Borrower sad to the <br />otlta prrrera prescribed-by > ~*"- Attu for lapse of suck time as tars} 6e required by appiicsbk btw, Trustee shrill <br />d~{ive ptsWk notke at oak N qtr persons and is the manwer prescribed by applicable law. Trestle. xtiliout dtmartd oa <br />iorwwer, strtll srB tit Praprrty at pa6lic auction to tie hfRkesi bidder at the time noel place and uteder the tans di~igastrd <br />h ttte nogce of sale ~ one ar rnorr p!~ek aed its such order ac Truster may determine, Trtestee may pttstpvra sdr of dl <br />or any ptucd of-fie l4opettY by pr6sc anaourrrrtaent at the tierce alai piece of any. lxevioxsiy scbcdWrd lair. txndsr ar <br />Lcwdec's troy pgrcRssc tie d say sale: <br />!emu nprelpt of pButrM of ter. @rkc }bid, Trustee sLSB ddirer to the pumbaser Trtrstrte's drrd coayrying the Property <br />soy: 'E'ie ncltttta h tltr Tsnrtrr's deed slndl be prima tack evidmcr of the trrAk at the stafrnuwts made Mrtein. Trnsta <br />shay the pr~rtKda of Ae sale h/lee fisBoxrhq order: ta) to all rcasoaablr casts sad expenses of the sale, including, bW <br />and tp, 7'rsWer's fta~t of wri tans thaw _ _ _ p -_ `~ of for gross sdr price, reasonable attorney's fees attd costs of <br />tigr aridrstce; ft$ a tttF suns sauced by ti's 11>~ oI Treat's and tc) t1x exceaa, tJ soy, to the prrsoa ar penom IrgaBY entbtkd <br />t)VlartNa. <br />19 Rgrraxver's Rl~tt to RriptMe. Natwnhstanding Lender's acc,:frratian of the sums src:ured by this Decd of Trust, <br />$prYCwEr ahatl have the right to Itsvr any proceedings begun by L_endee to enforce this Decd of Trost discontinued at <br />any titrtt prior to the eartirr to occur of fi) rho fifth day Mrfore the sate of the Praprrty pursuant to the power of sale conta;ned <br />inl9tis 9ecd of Tttul or li)rritry of a j tttont enforcing this Dyed of Trust if. la) Borrower pays t._endrr all sums which would <br />`h@ then. dttc under this eked of Tntst, tbt NOie attd rwttes xcuring Fuiurr Advaners, it any, had na as:c'rtrration aecurrcd: <br />{bj Bur:owe cures ail beaches of any other covenants ar agreements of Harrower contained in this Decd of Trust: <br />fc) Barrowrr papa all reatitrtabk expenses incurred by L,ettder attd Trustee in enforcing the cavenants and agrccmems of <br />Boxvr•rr cutttatued in this-Dyed of Trust and in cetfarcing- Lender's attd l'rusSce's remedies as providitNM in parsgrap7t Ill <br />Frriaot, includiatg: Mot oat limited M, reasonable attorney's fens. and id) Horrewer takes such action as I_emirs may rtasrmabt} <br />ragtsro let a;sura tlsar the )irn of this Deed at Trust. Lender"s interr!it in the Prapcrty and Htsrrower's obligation w pay <br />