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RecDoc99-207281
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RecDoc99-207281
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Last modified
12/27/2022 10:39:48 AM
Creation date
12/27/2022 10:39:19 AM
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Template:
Recorded Docs
Recorded Docs - Type
Agreement
Subject
Subordinated Deed of Trust with Power of sale
Doc Num
1999-207281
Rec Date
12/22/1999
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4. Prior Deeds of Trust; Charges; Liens. The Borrower shall perform all of the <br />Borrower's obligations under the First Deed of Trust and the Agency Loan Deed of Trust, <br />including Borrower's covenants to make payments when due. Borrower shall pay all <br />taxes, assessments, charges, fines and impositions attributable to the Property which may <br />attain priority over this Security Instrument and leasehold payments or ground rents, if <br />any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not <br />paid in that manner, Borrower shall pay them on time directly to the person owed <br />payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid <br />under this paragraph. If Borrower makes these payments directly, Borrower shall <br />promptly furnish to Lender receipts evidencing the payments. <br />Except for the lien of the First Deed of Trust and the Agency Loan Deed of Trust, <br />Borrower shall promptly discharge any other lien which shall have attained priority over <br />this Security Instrument unless Borrower: (a) agrees in writing to the payment of the <br />obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith <br />the lien by, or defends against enforcement of the lien in, legal proceedings which in the <br />Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the <br />holder of the lien an agreement satisfactory to Lender subordinating the lien to this <br />Security Instrument. Except for the lien of the First Deed of Trust and the Agency Loan <br />Deed of Trust, if Lender determines that any part of the Property is subject to a lien which <br />may attain priority over this Security Instrument, Lender may give Borrower a notice <br />identifying the lien. Borrower shall satisfy such lien or take one or more of the actions set <br />forth above within 10 days of the giving of notice. <br />5. Subordination - First Deed of Trust. Lender and Borrower acknowledge <br />and agree that this Security Instrument is subject and subordinate in all respect to the liens, <br />terms, covenants and conditions of the First Deed of Trust and to all advances heretofore <br />made or which may hereafter be made pursuant to the First Deed of Trust including all <br />sums advanced for the purpose of (a) protecting or further securing the lien of the First <br />Deed of Trust, curing defaults by the Borrower under the First Deed of Trust or for any <br />other purpose expressly permitted by the First Deed of Trust or (b) constructing, <br />renovating, repairing, furnishing, fixturing or equipping the Property. The terms and <br />provisions of the First Deed of Trust are paramount and controlling, and they supersede <br />any other terms and provisions hereof in conflict therewith. In the event of a foreclosure <br />or deed in lieu of foreclosure of the First Deed of Trust, any provisions herein or any <br />provisions in any other collateral agreement restricting the use of the Property to low or <br />moderate income households or otherwise restricting the Borrower's ability to sell the <br />Property shall have no further force or effect on subsequent owners or purchasers of the <br />Property. Any person, including his/her successors or assigns (other than the Borrower or <br />a related entity of the Borrower), receiving title to the Property through a foreclosure or <br />deed in lieu of foreclosure of the First Deed of Trust shall receive title to the Property free <br />and clear from such restrictions. <br />Further, if the Senior Lien Holder acquires title to the Property pursuant to a deed <br />in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate <br />o99-.e;m,0a. <br />
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