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20000'7441 <br />12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to <br />Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail <br />addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as <br />provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other <br />address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust <br />shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />13. Governing Law; Severability. The state and local laws applicable to this Deed of Trust shall be the laws of the <br />jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this <br />Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such <br />conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting <br />provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As used herein, <br />"costs ", "expenses" and "attorneys' fees" include all 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 Deed of Trust at the time <br />of execution or after recordation hereof. <br />15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home <br />rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's <br />option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, <br />claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with <br />improvements made to the Property. <br />16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest <br />in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) <br />without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by <br />this Deed of Trust. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date <br />of this Deed of Trust. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of <br />not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this <br />Deed of Trust. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies <br />permitted by 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 breach of any <br />covenant or agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of 10 <br />calendar days after they are due, any sums secured by this Deed of Trust, Lender prior to accelerationshall give notice <br />to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; <br />(3) a date, not less than 20 days from the date the notice is mailed to Borrower, by which such breach must be cured; <br />and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the <br />sums secured by this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to <br />reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other <br />defense of Borrower to 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 immediately due and <br />payable without further demand and may invoke the power of sale and any other remedies permitted by applicable <br />law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in <br />this paragraph 17, including, but not limited to, reasonable attorneys' fees. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which the Property or <br />some part thereof is located and shall mail copies of such notice in the manner prescribed by applicable law to <br />Borrower and to the other persons prescribed by applicable law. After the lapse of such time as may be required by <br />applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. <br />Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and <br />place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may <br />determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and <br />place of any previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made <br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of <br />Form 3828 <br />GREATLAND ■ <br />ITEM 4641 L4 (9705) (Page 4 of 6 pages) To Order Call: 1- 800 -530 -9393 ❑ Fax 616 - 791 -1131 <br />