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2018 01634 <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 />