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BSJ
<br /> 09/04/2009 11:56
<br /> C���a�w,�,r,: :�.,,� ~•�,,..,,�' PAGE 07
<br /> DEED OF TRUST 3;'•
<br /> Loan No; 10055409 :(Continued) Page 6
<br /> Indebtedness by a subMantlel amount- Employment by Lender shall nor dlsqualgy a person from serving as a receiver,
<br /> Tenancy at sufferance. It Trustor romems In possession of the Property Prier the Property Is sold as provided above or Lander otherwise
<br /> becomes eniltiad to possession of the Properly upon default of Trustor, Truslur shell become a tenant at sufferance of Lender or the
<br /> purchaser of the Property and shall,at Lender's option,either (1) pay a reasonable rental for the use of the Property, or (2) vacele the
<br /> .Property Immediately upon the damand of Lander.
<br /> Other Remedies. Trustee or Lendershsll have any ocher right or remedy provided In this Deed of Trust err the Nola or by law.
<br /> Notice of Sale. Lender shall give Trustor reasonable notice or the time and place of any public sale or the Personal Property or of Ito time
<br /> after which any private sale or other Intended dlsposldon of the Personal Pmpurty Is to be made. Reasonable notice shell moan notice given
<br /> at least Ian.(10)days before the time of the sate or disposition. Any sate of the Personal Property may be made in conjunction with any sola
<br /> of the Real Properly.
<br /> Sale of the Property. To the extent parmlrad by applicable law,Trustor hereby waives any and all rights to have the Properly marshalled.
<br /> In exercising Ila rights and remedies,the Trustee or Lender shall be figs to sell ail or any pad of the Property together of separately,In one
<br /> sate or by separate sales. Lender shall be onfltted to bid at any public sola on all or any porilon of the Property.
<br /> Attorneys'Foes; Expenses. If Lander Irsiltulas any Ault or action to enforce any of the farms of this Deed of Trust,Lander shall be entilled
<br /> to recover such sum as.the court may adjudge reasonable as allomays'laps at trial and upon any appeal. Whether or not any court action 1s
<br /> Involved,and to the extent not prohibited by law,all reasonable expanses Lander Incurs that In Lenders opinion are necessary at any time
<br /> for the prolocron of Its Interest or the enforcement of Its rights shallbecame a part of the Indebtedness payable on demand and shell beer
<br /> Interest at the Note rate from the date of the expenditure until repaid. Expanses covered by this paragraph Include, without Ilmilaean,
<br /> however subject to Any rings Under appllbable law,Lender's attorneys'lees and Lender's legal expenses,whether or not there Is a lawsuit,
<br /> Including attorneys'fees and expenses for bankruptcy proceedings(fnduding efforts to modify or vacate any automatic stay or Injunction),
<br /> appeals,and any anticipated post—judgment collection satvlcas, the cost of snatching records,obtaining title reports (Including foreclosure
<br /> reports),surveyors'reports,and apprehal leas,tills Insurance,and,fees for the Trustee, to the extent permitted by applicable law. Trustor
<br /> also will pay any court casts,In adds fan to all other sums provided by law.
<br /> Flights of Trustee. Trustee shell have all of the rights and duties of Landar as net forth In this section.
<br /> POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions Tarering to the powers and obligations of Trustaa ere pad of INA Deed of
<br /> Trust:
<br /> Powers of Trustee. in addition to all powers of Trustee easing m A matter of law,Trustee shall have the power to take Iho fallowing actions
<br /> with.m5pect to the Properly upon file written request or Lender and Trustor.. (a) join In prepadng and filing a map or plat of the Real
<br /> Property,Including the dedication of streets or,other rights to the pubtir, (b)16n In granting any sammanl a creating any restriction on the
<br /> Real Properly;end-(o)join In arty subordinallon or other agreamanj'aflecting this Deed of Trust or the interest of Londer under this Deed of
<br /> Trust.
<br /> Obligations to Notify. TrustairsheS net be obligated to norlfy any other party of a pending sale under any other trust dead or lion,or of any
<br /> action or ptoceading In which Truslor.Lander,of Trustee shag be a party,unless the action or proceeding Is brought by Trustee.
<br /> Trustee. Trustee shall meet all quatircattons required for Trusteajunder applicable law. In addition to the-rights and remedles set forts -
<br /> above,with respect to all or any part of the Property,the Trustee shag have thb right to foreelesa by nate and Gala,and Lender shall have
<br /> the right to foreclose byjudicial foreclosure,in either was In accordance with and to the lull oxford provided by applicable law.
<br /> Succesacr Trustee. Lander, at Lender's option,may from time to time appoint a successor Trustee to any Truslae appointed under this
<br /> Dead of Trust by an Instrument executed and acknowledged by Lender and recorded In the office of the recorder of San Joaquin County,
<br /> Stale of California. The Instrument.shall,contain,in addition to all/other matters required by state law,the names of the original Londar,
<br /> Trustee,and Trustor,the book and page whore this Dead or Trust Is recorded,and the name and address of the successor trustee,and the
<br /> Instrument shall be executed and acknowledged by Lender or,its successors In Interest. The successor trustee,without conveyance of the
<br /> Property, shell succeed to all the fire, power,and duties aonforrey Upon the Trustee In this Dead of Trust and by applicable taw. This
<br /> procedure for substitution of Trustee shell govern to the exclusion of all other pmWslons for substitution.
<br /> Acceptance by Trustee. Trustee accepts this Trust when Ihls Dee of Trust,duly executed and acknowledged,Is made a public record as
<br /> provided by law, .
<br /> NOTICES. Any notice required to be given under this Deed of Trust shell be given In writing,and shell be enectwa when actually delivered,when
<br /> actually racelved by lelefacsimlle(unless otherwise required by law),when deposited with a nationally recegnlzad overnight courlar,or, If meted,
<br /> when deposlied In the United Sfelai.mar. as first class,certified or registered mall postage prepaid,directed til the addresses.shown near the
<br /> beginning at this Dead of Trust. Trustor requests that Copies of any not es of default and sale be dkscted to Trustors address shown near the
<br /> beginning of this Dead of Trust. AN copies of notices of foreclosure Bdm�he holder of any Ilan which has priority aver this Deed of Trust shell be
<br /> sent to Lander's address,as shown near the beginning of this Dead of Trust. Any party may charge go address for notices under this Deed of
<br /> Trust by giving formal written notice to the other parties,specifying Ihal[tho purpose of the notice Is to change the party's address. For notice
<br /> purposes,Trustor agrees to keep Lander Informed at all fires or TrVstoris current address. Unless otherwise provided or required by low,r thorn
<br /> Is mom than one Truslor,any notice given by Lender to any Truslor Is deemed to be notice Divan to all Truslors.
<br /> STATEMENT OF OBLIGATION FEE, Lander may cogent o roe, not Ito exceed the maximum amount permitted by law, for furnishing the
<br /> Matemenl of obligation as provided by Section 2943 of the CMI Coda of California.
<br /> MISCELLANEOUS PROVISIONS.The following miscellaneous provisions are a pad of this Deed of Trust:
<br /> Amendments. This Dead of Trusl,Ingather with any Rotated Daeu7 nl constitutes the entae understanding and agreement of the parties
<br /> as In the matters set forth In this Deed of Trust. No Alteration of or amendment to this Deed of Trust shell be effective unless given In writing
<br /> and signed by the party or parties sought to be charged or bound by the alteration or amandmenl.
<br /> Annual Reports. If the Property is used for purposes other than Tnislur's residence,Truslor Sher furnish to Lander,upon mgbeel,a centrad
<br /> statement of not opamling Income received from the Property during Truslor's previous fiscal year In such form and detail as Lender shall
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