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201608631
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201608631
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Last modified
7/3/2017 5:40:22 PM
Creation date
12/22/2016 10:32:04 AM
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DEEDS
Inst Number
201608631
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201608631 <br /> 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants <br /> and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective <br /> successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 <br /> hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who <br /> co-signs this Deed of Trust, but does not execute the Note, (a) is co-signing this Deed of Trust <br /> only to grant and convey that Borrower's interest in the Property to Trustee under the terms of <br /> this Deed of Trust, (b) is not personally liable on the Note or under this Deed of Trust, and (c) <br /> agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or <br /> make any other accommodations with regard to the terms of this Deed of Trust or the Note, <br /> without that Borrower's consent and without releasing that Borrower or modifying this Deed of <br /> Trust as to that Borrower's interest in the Property. <br /> 12. Notice. Except for any notice required under applicable law to be given in another <br /> manner, (a) any notice to Borrower provided for in this Deed of Trust shall be given by delivering <br /> it or by mailing such notice by First Class mail addressed to Borrower at the Property Address or <br /> at such other address as Borrower may designate by notice to Lender as provided herein, and (b) <br /> any notice to Lender shall be given by First Class mail 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 <br /> provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender <br /> when given in the manner designated herein. <br /> 13. Governing Law; Severability. The state and local laws applicable to this Deed of Trust <br /> shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall <br /> not limit the applicability of Federal law to this Deed of Trust. In the event that any provision or <br /> clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not <br /> affect other provisions of this Deed of Trust or the Note which can be given effect without the <br /> conflicting provision, and to this end the provisions of this Deed of Trust and the Note are <br /> declared to be severable. As used herein, "costs", "expenses" and "attorneys' fees" include all <br /> sums to the extent not prohibited by applicable law or limited herein. <br /> 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this <br /> Deed of Trust at the time of execution or after recordation hereof. <br /> 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under <br /> any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into <br /> with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, <br /> in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower <br /> may have against parties who supply labor, materials or services in connection with <br /> improvements made to the Property. <br /> 16. Transfer of Property or a Beneficial Interest in Borrower. If all or any part of the Property <br /> or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or <br /> transferred and Borrower is not a natural person) without Lender's prior written consent, Lender <br /> may, at its option, require immediate payment in full of all sums secured by this Deed of Trust. <br /> However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of <br /> the date of this Deed of Trust. <br /> If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice <br /> shall provide a period of not less than 30 days from the date the notice is delivered or mailed <br /> within which Borrower must pay all sums secured by this Deed of Trust. If Borrower fails to pay <br /> these sums prior to the expiration of this period, Lender may invoke any remedies permitted by <br /> this Deed of Trust without further notice or demand on Borrower. <br /> NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br /> 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's <br /> breach of any covenant or agreement of Borrower in this Deed of Trust, including Borrower's <br /> failure to pay, by the end of 10 calendar days after they are due, any sums secured by this Deed <br /> of Trust, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 <br /> hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less <br /> than 30 days from the date the notice is mailed to Borrower, by which such breach must be <br /> cured; and (4) that failure to cure such breach on or before the date specified in the notice may <br /> result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The <br /> notice shall further inform Borrower of the right to reinstate after acceleration and the right to <br /> bring a court action to assert the nonexistence of a default or any other defense of Borrower to <br /> acceleration and sale. If the breach is not cured on or before the date specified in the notice, <br /> Lender, at Lender's option, may declare all of the sums secured by this Deed of Trust to be <br /> immediately due and payable without further demand and may invoke the power of sale and any <br /> other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs <br /> and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not <br /> limited to, reasonable attorneys' fees. <br /> Page 4 ENE208-e <br />
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