After Recording Return To:
_____________________________________
_____________________________________
_____________________________________
_____________________________________
____________[Space Above This Line For Recording Data]_____________
DEED OF TRUST
DEFINITIONS
A. Security Instrument means this document, which is dated _________________________
____________ (date) .
B. Borrower is _______________________________________ (Name of Borrower) of
______________________________________________________________________________
_______________________ (street address, city, county, state, zip code) . Borrower is the
Trustor under this Security Instrument .
C. Lender is ________________________________________ (Name of Lender) of
______________________________________________________________________________
_______________________ (street address, city, county, state, zip code) . Lender is the
beneficiary under this Security Instrument .
D. Trustee is ___________________________________ (Name of Trustee) of __________
______________________________________________________________________________
_________________ (street address, city, county, state, zip code) .
E. Property means the property that is described in Exhibit A attached hereto and made a
part hereof and located at _________________________________________________________
__________________________________________ (street address, city, county, state, zip
code) .
F. Loan means the debt that Borrower owes Lender in the original principal amount of
$___________ payable in ______ (number) payments of _______________________
(Number) and xx/100 Dollars $______________ plus interest at the rate of ______% per
annum. Borrower has promised to pay this debt in regular monthly Periodic Payments on the
first day of each month and to pay the debt in full not later than
______________________________ (date of maturity) .
G. Applicable Law means all controlling applicable federal, state and local statutes,
regulations, ordinances and administrative rules and orders (that have the effect of law) as well
as all applicable final, non-appealable judicial opinions.
H. Community Association Dues, Fees, and Assessments means all dues, fees, assessments
and other charges that are imposed on Borrower or the Property by a condominium association,
homeowners association or similar organization.
I. Escrow Items means those items that are described in Section 3 .
J. Miscellaneous Proceeds means any compensation, settlement, award of damages, or
proceeds paid by any third party (other than insurance proceeds paid under the coverages
described in Section 5 ) for: (i) damage to, or destruction of, the Property; (ii) condemnation or
other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv)
misrepresentations of, or omissions as to, the value and/or condition of the Property.
K. Periodic Payment means the regularly scheduled amount due for (i) principal and interest
under the Loan, plus (ii) any amounts under Section 3 of this Security Instrument .
M. Successor in Interest of Borrower means any party that has taken title to the Property,
whether or not that party has assumed Borrower’s obligations under the Loan and/or this
Security Instrument .
This Security Instrument secures to Lender : (i) the repayment of the Loan , and all
renewals, extensions and modifications of the Loan ; and (ii) the performance of Borrower’s
covenants and agreements under this Security Instrument and the Loan . For this purpose,
Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the Property
described in Exhibit A attached hereto and made a part hereof located in ___________________
_________________________ (County and State) which currently has the address __________
______________________________________________________________________________
_________________________________________ (street address, city, county, state, zip code) ;
TOGETHER WITH all the improvements now or hereafter erected on the property, and
all easements, appurtenances, and fixtures now or hereafter a part of the Property. All
replacements and additions shall also be covered by this Security Instrument . All of the
foregoing is referred to in this Security Instrument as the Property .
BORROWER COVENANTS that Borrower is lawfully of the estate hereby conveyed and
has the right to grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property
against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and
non-uniform covenants with limited variations by jurisdiction to constitute a uniform security
instrument covering real property.
Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late
Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by
the Loan and any prepayment charges and late charges due under the Loan . Upon receiving
written notice from Lender, Borrower shall also pay funds for Escrow Items pursuant to Section
3 . Payments due under the Loan and this Security Instrument shall be made in U.S. currency.
However, if any check or other instrument received by Lender as payment under the Loan or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent
payments due under the Loan and this Security Instrument be made in one or more of the
following forms, as selected by Lender: (a) cash; (b) money order; or (c) certified check, bank
check, treasurer’s check or cashier’s check, provided any such check is drawn upon an institution
whose deposits are insured by a federal agency, instrumentality, or entity.
Payments are deemed received by Lender when received at the location designated in the Loan
or at such other location as may be designated by Lender in accordance with the notice
provisions in Section 13 . Lender may return any payment or partial payment if the payment or
partial payments are insufficient to bring the Loan current. Lender may accept any payment or
partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or
prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not
obligated to apply such payments at the time such payments are accepted. If each Periodic
Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan
current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower . If not applied earlier, such funds will be applied to the
outstanding principal balance under the Loan immediately prior to foreclosure. No offset or
claim which Borrower might have now or in the future against Lender shall relieve Borrower
from making payments due under the Loan and this Security Instrument or performing the
covenants and agreements secured by this Security Instrument .
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2 ,
all payments accepted and applied by Lender shall be applied in the following order of priority:
(a) interest due under the Loan ; (b) principal due under the Loan ; (c) amounts due under Section
3 . Such payments shall be applied to each Periodic Payment in the order in which it became due.
Any remaining amounts shall be applied first to late charges, second to any other amounts due
under this Security Instrument, and then to reduce the principal balance of the Loan.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which
includes a sufficient amount to pay any late charge due, the payment may be applied to the
delinquent payment and the late charge. If more than one Periodic Payment is outstanding,
Lender may apply any payment received from Borrower to the repayment of the Periodic
Payments if, and to the extent that, each payment can be paid in full. To the extent that any
excess exists after the payment is applied to the full payment of one or more Periodic Payments,
such excess may be applied to any late charges due. Voluntary prepayments shall be applied
first to any prepayment charges and then as described in the Loan.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal
due under the Loan shall not extend or postpone the due date, or change the amount, of the
Periodic Payments.
3. Funds for Escrow Items. Upon receiving written notice from Lender , Borrower shall
pay to Lender on the day Periodic Payments are due under the Loan, until the Loan is paid in
full, a sum (the Funds ) to provide for payment of amounts due for: (a) taxes and assessments and
other items which can attain priority over this Security Instrument as a lien or encumbrance on
the Property; (b) leasehold payments or ground rents on the Property, if any; and (c) premiums
for any and all insurance required by Lender under Section 5 . These items are called Escrow
Items . At origination or at any time during the term of the Loan , Lender may require that
Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and
such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to
Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the
Funds for Escrow Items unless Lender waives Borrower’s obligation to pay the Funds for any or
all Escrow Items. Lender may waive Borrower’s obligation to pay to Lender Funds for any or
all Escrow Items at any time. Any such waiver may only be in writing. In the event of such
waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow
Items for which payment of Funds has been waived by Lender and, if Lender requires, shall
furnish to Lender receipts evidencing such payment within such time period as Lender may
require. Borrower’s obligation to make such payments and to provide receipts shall for all
purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the
phrase covenant and agreement is used in Section 8 . If Borrower is obligated to pay Escrow
Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow
Item, Lender may exercise its rights under Section 8 and pay such amount and Borrower shall
then be obligated under Section 8 to repay to Lender any such amount. Lender may revoke the
waiver as to any or all Escrow Items at any time by a notice given in accordance with Section
15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that
are then required under this Section 3 .
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so
insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow
Items at the appropriate time in accordance with Applicable Law . Lender shall not charge
Borrower for holding and applying the Funds, annually analyzing the escrow account, or
verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable
Law permits Lender to make such a charge. Unless an agreement is made in writing or
Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay
Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge,
an annual accounting of the Funds. If there is a shortage of Funds held in escrow, Lender shall
notify Borrower and Borrower shall pay to Lender the amount necessary to make up the
shortage.
Upon payment in full of all sums secured by this Security Instrument, Lender shall
promptly refund to Borrower any Funds held by Lender. Notwithstanding the foregoing , no
payments by Borrower to Lender of Escrow Funds shall be necessary unless written notice is
give by Lender to Borrower .
4. Charges; Liens . Borrower shall pay all taxes, assessments, charges, fines, and
impositions attributable to the Property which can attain priority over this Security Instrument,
leasehold payments or ground rents on the Property, if any, and Community Association Dues,
Fees, and Assessments, if any.
Borrower shall promptly discharge any lien which has priority over this Security
Instrument unless Borrower : (a) agrees in writing to the payment of the obligation secured by the
lien in a manner acceptable to Lender, but only so long as Borrower is performing such
agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in,
legal proceedings which in Lender’s opinion operate to prevent the enforcement of the lien while
those proceedings are pending, but only until such proceedings are concluded; or (c) secures
from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this
Security Instrument . If Lender determines that any part of the Property is subject to a lien which
can attain priority over this Security Instrument, Lender may give Borrower a notice identifying
the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien
or take one or more of the actions set forth above in this Section 4 .
Lender may require Borrower to pay a one-time charge for real estate tax verification
and/or reporting service used by Lender in connection with this Loan .
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter
erected on the Property insured against loss by fire, hazards included within the term “extended
coverage,” and any other hazards including, but not limited to, earthquakes and floods, for which
Lender requires insurance. This insurance shall be maintained in the amounts (including
deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the
preceding sentences can change during the term of the Loan . The insurance carrier providing the
insurance shall be chosen by Borrower subject to Lender’s right to disapprove Borrower’s
choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in
connection with this Loan , either: (a) a one-time charge for flood zone determination,
certification and tracking services; or (b) a one-time charge for flood zone determination and
certification services and subsequent charges each time re-mappings or similar changes occur
which reasonably might affect such determination or certification. Borrower shall also be
responsible for the payment of any fees imposed by the Federal Emergency Management
Agency in connection with the review of any flood zone determination resulting from an
objection by Borrower .
If Borrower fails to maintain any of the coverages described above, Lender may obtain
insurance coverage, at Lender’s option and Borrower’s expense. Lender is under no obligation
to purchase any particular type or amount of coverage. Therefore, such coverage shall cover
Lender , but might or might not protect Borrower , Borrower’s equity in the Property, or the
contents of the Property , against any risk, hazard or liability and might provide greater or lesser
coverage than was previously in effect. Borrower acknowledges that the cost of the insurance
coverage so obtained might significantly exceed the cost of insurance that Borrower could have
obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt
of Borrower secured by this Security Instrument. These amounts shall bear interest at the Loan
rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject
to Lender’s right to disapprove such policies, shall include a standard mortgage clause, and shall
name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to
hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to
Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of
insurance coverage, not otherwise required by Lender , for damage to, or destruction of, the
Property , such policy shall include a standard mortgage clause and shall name Lender as
mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and
Lender . Lender may make proof of loss if not made promptly by Borrower . Unless Lender and
Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying
insurance was required by Lender, shall be applied to restoration or repair of the Property, if the
restoration or repair is economically feasible and Lender’s security is not lessened. During such
repair and restoration period, Lender shall have the right to hold such insurance proceeds until
Lender has had an opportunity to inspect such Property to ensure the work has been completed
to Lender’s satisfaction, provided that such inspection shall be undertaken promptly. Lender
may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. Unless an agreement is made in writing or
Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be
required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or
other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall
be the sole obligation of Borrower. If the restoration or repair is not economically feasible or
Lender’s security would be lessened, the insurance proceeds shall be applied to the sums secured
by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower .
Such insurance proceeds shall be applied in the order provided for in Section 2 .
If Borrower abandons the Property, Lender may file, negotiate and settle any available
insurance claim and related matters. If Borrower does not respond within 30 days to a notice
from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate
and settle the claim. The 30-day period will begin when the notice is given. In either event, or if
Lender acquires the Property under Section 20 or otherwise, Borrower hereby assigns to Lender
(a) Borrower’s rights to any insurance proceeds in an amount not to exceed the amounts unpaid
under the Loan or this Security Instrument, and (b) any other of Borrower’s rights (other than the
right to any refund of unearned premiums paid by Borrower ) under all insurance policies
covering the Property , insofar as such rights are applicable to the coverage of the Property.
Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts
unpaid under the Loan or this Security Instrument, whether or not then due.
6. Protective Advances. This Security Instrument secures any advances Lender, at his
discretion, may make under Section 8 of this Security Instrument to protect Lender’s interest in
the Property and rights under this Security Instrument.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower
shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit
waste on the Property . Whether or not Borrower is residing in the Property, Borrower shall
maintain the Property in order to prevent the Property from deteriorating or decreasing in value
due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not
economically feasible, Borrower shall promptly repair the Property if damaged to avoid further
deterioration or damage. If insurance or condemnation proceeds are paid in connection with
damage to, or the taking of, the Property , Borrower shall be responsible for repairing or restoring
the Property only if Lender has released proceeds for such purposes. Lender may disburse
proceeds for the repairs and restoration in a single payment or in a series of progress payments as
the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or
restore the Property , Borrower is not relieved of Borrower’s obligation for the completion of
such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property . If
it has reasonable cause, Lender may inspect the interior of the improvements on the Property .
Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying
such reasonable cause.
8. Protection of Lender’s Interest in the Property and Rights Under this Security
Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this
Security Instrument, (b) there is a legal proceeding that might significantly affect Lender’s
interest in the Property and/or rights under this Security Instrument (such as a proceeding in
bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain
priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has
abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate
to protect Lender’s interest in the Property and rights under this Security Instrument, including
protecting and/or assessing the value of the Property, and securing and/or repairing the Property.
Lender’s actions can include, but are not limited to: (i) paying any sums secured by a lien which
has priority over this Security Instrument; (ii) appearing in court; and (iii) paying reasonable
attorneys’ fees to protect its interest in the Property and/or rights under this Security Instrument,
including its secured position in a bankruptcy proceeding. Securing the Property includes, but is
not limited to, entering the Property to make repairs, change locks, replace or board up doors and
windows, drain water from pipes, eliminate building or other code violations or dangerous
conditions, and have utilities turned on or off. Although Lender may take action under this
Section 8, Lender does not have to do so and is not under any duty or obligation to do so. It is
agreed that Lender incurs no liability for not taking any or all actions authorized under this
Section 8 .
Any amounts disbursed by Lender under this Section 8 shall become additional debt of
Borrower secured by this Security Instrument. These amounts shall bear interest at the Loan rate
from the date of disbursement and shall be payable, with such interest, upon notice from Lender
to Borrower requesting payment.
9. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are
hereby assigned to and shall be paid to Lender . If the Property is damaged, such Miscellaneous
Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is
economically feasible and Lender’s security is not lessened. During such repair and restoration
period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an
opportunity to inspect such Property to ensure the work has been completed to Lender’s
satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the
repairs and restoration in a single disbursement or in a series of progress payments as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid
on such Miscellaneous Proceeds , Lender shall not be required to pay Borrower any interest or
earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically
feasible or Lender’s security would be lessened, the Miscellaneous Proceeds shall be applied to
the sums secured by this Security Instrument, whether or not then due, with the excess, if any,
paid to Borrower . Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2 .
In the event of a total taking, destruction, or loss in value of the Property, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial
taking, destruction, or loss in value of the Property in which the fair market value of the
Property immediately before the partial taking, destruction, or loss in value is equal to or greater
than the amount of the sums secured by this Security Instrument immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the
sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous
Proceeds multiplied by the following fraction: (a) the total amount of the sums secured
immediately before the partial taking, destruction, or loss in value divided by (b) the fair market
value of the Property immediately before the partial taking, destruction, or loss in value. Any
balance shall be paid to Borrower .
In the event of a partial taking, destruction, or loss in value of the Property in which the
fair market value of the Property immediately before the partial taking, destruction, or loss in
value is less than the amount of the sums secured immediately before the partial taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether
or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by
Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an
award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the
date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds
either to restoration or repair of the Property or to the sums secured by this Security Instrument,
whether or not then due. Opposing Party means the third party that owes Borrower
Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to
Miscellaneous Proceeds .
Borrower shall be in default if any action or proceeding, whether civil or criminal, is
begun that, in Lender’s judgment, could result in forfeiture of the Property or other material
impairment of Lender’s interest in the Property or rights under this Security Instrument.
Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in
Section 17 , by causing the action or proceeding to be dismissed with a ruling that, in Lender’s
judgment, precludes forfeiture of the Property or other material impairment of Lender’s interest
in the Property or rights under this Security Instrument. The proceeds of any award or claim for
damages that are attributable to the impairment of Lender’s interest in the Property are hereby
assigned and shall be paid to Lender .
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property
shall be applied in the order provided for in Section 2 .
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the
time for payment or modification of amortization of the sums secured by this Security Instrument
granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to
release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be
required to commence proceedings against any Successor in Interest of Borrower or to refuse to
extend time for payment or otherwise modify amortization of the sums secured by this Security
Instrument by reason of any demand made by the original Borrower or any Successors in
Interest of Borrower . Any forbearance by Lender in exercising any right or remedy including,
without limitation, Lender’s acceptance of payments from third persons, entities or Successors in
Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or
preclude the exercise of any right or remedy.
11. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower
covenants and agrees that Borrower’s obligations and liability shall be joint and several.
12. Loan Charges. If the Loan is subject to a law which sets maximum loan charges, and
that law is finally interpreted so that the interest or other loan charges collected or to be collected
in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be
reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums
already collected from Borrower which exceeded permitted limits will be refunded to Borrower .
Lender may choose to make this refund by reducing the principal owed under the Loan or by
making a direct payment to Borrower . If a refund reduces principal, the reduction will be treated
as a partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for under the Loan ). Borrower’s acceptance of any such refund made by direct
payment to Borrower will constitute a waiver of any right of action Borrower might have arising
out of such overcharge.
13. Notices. All notices given by Borrower or Lender in connection with this Security
Instrument must be in writing. Any notice to Borrower in connection with this Security
Instrument shall be deemed to have been given to Borrower when mailed by first class mail or
when actually delivered to Borrower’s notice address if sent by other means. Notice to any one
Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires
otherwise. The notice address shall be the addresses set forth in the Definition section above for
Borrower and Lender . Borrower shall promptly notify Lender of Borrower’s change of address.
If Lender specifies a procedure for reporting Borrower’s change of address, then Borrower shall
only report a change of address through that specified procedure. There may be only one
designated notice address under this Security Instrument at any one time. Any notice to Lender
shall be given by delivering it or by mailing it by first class mail to Lender’s address stated
herein unless Lender has designated another address by notice to Borrower . Any notice in
connection with this Security Instrument shall not be deemed to have been given to Lender until
actually received by Lender . If any notice required by this Security Instrument is also required
under Applicable Law , the Applicable Law requirement will satisfy the corresponding
requirement under this Security Instrument.
14. Governing Law; Severability; Rules of Construction. This Security Instrument shall
be governed by federal law and the law of the jurisdiction in which the Property is located. All
rights and obligations contained in this Security Instrument are subject to any requirements and
limitations of Applicable Law . Applicable Law might explicitly or implicitly allow the parties to
agree by contract or it might be silent, but such silence shall not be construed as a prohibition
against agreement by contract. In the event that any provision or clause of this Security
Instrument or the Loan conflicts with Applicable Law, such conflict shall not affect other
provisions of this Security Instrument or the Loan which can be given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and
include corresponding neuter words or words of the feminine gender; (b) words in the singular
shall mean and include the plural and vice versa; and (c) the word “may” gives sole discretion
without any obligation to take any action.
15. Borrower’s Copy . Borrower shall be given one copy of this Security Instrument.
16. Transfer of the Property or a Beneficial Interest in Borrower. As used in this
Section 16 , Interest in the Property means any legal or beneficial interest in the Property ,
including, but not limited to, those beneficial interests transferred in a bond for deed, contract for
deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by
Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred without
Lender’s prior written consent, Lender may require immediate payment in full of all sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if
such exercise is prohibited by Applicable Law .
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than 30 days from the date the notice is given in
accordance with Section 13 within which Borrower must pay all sums secured by this Security
Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender
may invoke any remedies permitted by this Security Instrument without further notice or demand
on Borrower .
17. Borrower’s Right to Reinstate After Acceleration. If Borrower meets certain
conditions, Borrower shall have the right to have enforcement of this Security Instrument
discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant
to any power of sale contained in this Security Instrument; (b) such other period as Applicable
Law might specify for the termination of Borrower’s right to reinstate; or (c) entry of a judgment
enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all
sums which then would be due under this Security Instrument and the Loan as if no acceleration
had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses
incurred in enforcing this Security Instrument, including, but not limited to, reasonable
attorneys’ fees, property inspection and valuation fees, and other fees incurred for the purpose of
protecting Lender’s interest in the Property and rights under this Security Instrument; and (d)
takes such action as Lender may reasonably require to assure that Lender’s interest in the
Property and rights under this Security Instrument, and Borrower's obligation to pay the sums
secured by this Security Instrument, shall continue unchanged. Lender may require that
Borrower pay such reinstatement sums and expenses in one or more of the following forms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer’s check
or cashier’s check, provided any such check is drawn upon an institution whose deposits are
insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon
reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain
fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply
in the case of acceleration under Section 16 .
18. Notice of Grievance. Neither Borrower nor Lender may commence, join, or be joined to
any judicial action (as either an individual litigant or the member of a class) that arises from the
other party’s actions pursuant to this Security Instrument or that alleges that the other party has
breached any provision of, or any duty owed by reason of, this Security Instrument, until such
Borrower or Lender has notified the other party (with such notice given in compliance with the
requirements of Section 13 of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law
provides a time period which must elapse before certain action can be taken, that time period will
be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
opportunity to cure given to Borrower pursuant to Section 20 and the notice of acceleration
given to Borrower pursuant to Section 16 shall be deemed to satisfy the notice and opportunity
to take corrective action provisions of this Section 18 .
19. Hazardous Substances . As used in this Section 19: (a) Hazardous Substances are
those substances defined as toxic or hazardous substances, pollutants, or wastes by
Environmental Law and the following substances : gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing
asbestos or formaldehyde, and radioactive materials; (b) Environmental Law means federal laws
and laws of the jurisdiction where the Property is located that relate to health, safety or
environmental protection; (c) Environmental Cleanup includes any response action, remedial
action, or removal action, as defined in Environmental Law ; and (d) an Environmental Condition
means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup .
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances, or threaten to release any Hazardous Substances , on or in the Property .
Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in
violation of any Environmental Law, (b) which creates an Environmental Condition , or (c)
which, due to the presence, use, or release of a Hazardous Substance , creates a condition that
adversely affects the value of the Property . The preceding two sentences shall not apply to the
presence, use, or storage on the Property of small quantities of Hazardous Substances that are
generally recognized to be appropriate to normal residential uses and to maintenance of the
Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand,
lawsuit or other action by any governmental or regulatory agency or private party involving the
Property and any Hazardous Substance or Environmental Law of which Borrower has actual
knowledge, (b) any Environmental Condition , including but not limited to, any spilling, leaking,
discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused
by the presence, use or release of a Hazardous Substance which adversely affects the value of
the Property . If Borrower learns, or is notified by any governmental or regulatory authority, or
any private party, that any removal or other remediation of any Hazardous Substance affecting
the Property is necessary, Borrower shall promptly take all necessary remedial actions in
accordance with Environmental Law . Nothing herein shall create any obligation on Lender for
an Environmental Cleanup .
Borrower and Lender further covenant and agree as follows:
20. Acceleration; Remedies. Lende r shall give notice to Borrower prior to acceleration
following Borrower’s breach of any covenant or agreement in this Security Instrument (but not
prior to acceleration under Section 16 unless Applicable Law provides otherwise). The notice
shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than
30 days from the date the notice is given to Borrower , by which the default must be cured; and
(d) that failure to cure the default on or before the date specified in the notice may result in
acceleration of the sums secured by this Security Instrument and sale of the Property. The notice
shall further inform Borrower of the right to reinstate after acceleration and the right to bring a
court action to assert the non-existence of a default or any other defense of Borrower to
acceleration and sale. If the default is not cured on or before the date specified in the notice,
Lender at its option may require immediate payment in full of all sums secured by this Security
Instrument 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 expenses incurred in
pursuing the remedies provided in this Section 20 , including, but not limited to, reasonable
attorneys’ fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a
written notice of the occurrence of an event of default and of Lender’s election to cause the
Property to be sold and shall cause such notice to be recorded in each county in which any part
of the Property is located. Lender or Trustee shall give notice of sale in the manner prescribed
by Applicable Law to Borrower and to other persons prescribed by Applicable Law . After the
time required by Applicable Law , Trustee, without demand on Borrower , shall sell the Property
at public auction to the highest bidder at the time and place and under the terms designated in the
notice of sale in one or more parcels and in any order Trustee determines. 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 its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any
covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima
facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of
the sale in the following order: (a) to all expenses of the sale, including, but not limited to,
reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instrument; and
(c) any excess to the person or persons legally entitled to it.
21. Re-conveyance . Upon payment of all sums secured by this Security Instrument, Lender
shall request Trustee to re-convey the Property and shall surrender this Security Instrument and
all Loan s evidencing debt secured by this Security Instrument to Trustee. Trustee shall re-
convey the Property without warranty to the person or persons legally entitled to it. Such person
or persons shall pay any recordation costs. Lender may charge such person or persons a fee for
re-conveying the Property , but only if the fee is paid to a third party (such as the Trustee) for
services rendered and the charging of the fee is permitted under Applicable Law .
22. Substitute Trustee. Lender may from time to time remove Trustee and appoint a
successor trustee to any Trustee appointed hereunder. Without conveyance of the Property , the
successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein
and by Applicable Law .
23. Attorneys’ Fees. As used in this Security Instrument, attorneys’ fees shall include those
awarded by an appellate court.
24. Required Evidence of Property Insurance.
WARNING
Unless you provide me with evidence of the insurance coverage as required by our
contract or loan agreement, I may purchase insurance at your expense to protect my interest.
This insurance may, but need not, also protect your interest. If the collateral becomes damaged,
the coverage I purchase may not pay any claim you make or any claim made against you. You
may later cancel this coverage by providing evidence that you have obtained property coverage
elsewhere.
You are responsible for the cost of any insurance purchased by me. The cost of this
insurance may be added to your contract or loan balance. If the cost is added to your contract or
loan balance, the interest rate on the underlying contract or loan will apply to this added amount.
The effective date of coverage may be the date your prior coverage lapsed or the date you failed
to provide proof of coverage.
The coverage I purchase may be considerably more expensive than insurance you can
obtain on your own and may not satisfy any need for property damage coverage or any
mandatory liability insurance requirements imposed by Applicable Law .
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants
contained in this Security Instrument and in any Rider executed by Borrower and recorded with
it.
Witnesses:
___________________________________ _______________________________
Borrower
___________________________________ _______________________________
Borrower
STATE OF OREGON
COUNTY OF ______________________
This instrument was acknowledged before me on __________________________ (date)
by __________________________________ (name of person) .
____________________________________
Notary Public
Print Name: __________________________
My Commission Expires:
___________________________
STATE OF OREGON
COUNTY OF _________________________
This instrument was acknowledged before me on __________________________ (date)
by _________________________________ (name of person) .
____________________________________
Notary Public
Print Name: __________________________
My Commission Expires:
__________________________