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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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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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Instrument. All amounts advanced by the Senior Lien Holder under the First Deed of <br />Trust to cure a default hereunder shall be deemed advanced by the Senior Lien Holder <br />under the First Deed of Trust and shall be secured by the First Deed of Trust. In addition, <br />the Lender agrees that it will not commence foreclosure proceedings, or accept a deed in <br />lieu of foreclosure, or exercise any other rights or remedies hereunder until it has given the <br />Senior Lien Holder at least 60 days' prior written notice. Any action by Lender hereunder <br />to foreclose or accept a deed in lieu of foreclosure shall be subject to the "due on sale" <br />provisions of the First Deed of Trust. <br />Lender and Borrower further agree that a default hereunder shall constitute a <br />default under the First Deed of Trust and under the Agency Loan Deed of Trust. In the <br />event of a default hereunder, the Senior Lien Holders shall have the right to exercise all <br />rights and remedies under the First Deed of Trust and the Agency Loan Deed of Trust. <br />9. Mortgage Insurance. If Lender require mortgage insurance as a condition <br />of making the loan secured by this Security Instrument, Borrower shall pay the premiums <br />required to maintain the mortgage insurance in effect. If, for any reason, the mortgage <br />insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay <br />the premiums required to obtain coverage substantially equivalent to the mortgage <br />insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of <br />the mortgage insurance previously in effect, from an alternative mortgage insurance <br />approved by Lender. If substantially equivalent mortgage insurance coverage is not <br />available, Borrower shall pay to Lender each month a sum equal to one -twelfth of the <br />yearly mortgage insurance premium being paid by Borrower when the insurance coverage <br />lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a <br />loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be <br />required, at the option of Lender, if mortgage insurance coverage (in the amount and for <br />the period that Lender requires) provided by an insurer approved by Lender again <br />becomes available and is obtained. Borrower shall pay the premiums required to maintain <br />mortgage insurance in effect, or to provide a loss reserve, until the requirement for <br />mortgage insurance ends in accordance with any written agreement between Borrower <br />and Lender or applicable law. <br />10. Inspection. Lender or its agent may make reasonable entries upon and <br />inspections of the Property. Lender shall give Borrower notice at the time of or prior to <br />an inspection specifying reasonable cause for the inspection. <br />11. Condemnation. The proceeds of any award or claim for damages, direct or <br />consequential, in connection with any condemnation or other taking of any part of the <br />Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid <br />to Lender, subject to the terms of the First Deed of Trust. <br />In the event of a total taking of the Property, the proceeds shall be applied to the <br />sums secured by this Security Instrument, whether or not then due, and to senior <br />encumbrances, with any excess paid to the holder of the Agency Loan Deed of Trust. <br />.,5300-00-7093: , <br />
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