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89-103145 not personylly liable on the Note or under this Deed of Trust. and (c) agrees that lender and any other Borrower hereunder may agree to extend. modity, forbear, or make any other accommodations with regard to the terms of this Iked of Trutt or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed of Trust as to that Borrower's interest in the Property. 12. Native. Except for any notice required under applicable law to be given in another manner. (a) am notice to r' Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 12. (iouaralsy Law; Soversbi ft. The state and local laws applicable to this Deed of Trust shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Deed tai Irrust. to the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law. such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision. and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As used herein. "costs ". "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Besrotwr'a Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or after recoctfa tkm hereof. IS. Rehabilitation Limon Ap eernent. Borrower shall fulfill all of Borrower's obligations under any home rehabilita- tion. improvement. repair or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights... claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. , 16. Transter of the Property. If Borrower sells or transfers all or any part of the Property or an interest therein. excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust. (b) a transfer by devise. descent, or by operation of law upon the death of a joint tenant, or (c) the grant of any leasehold interest of three years or less not containing an option to purchase. Burrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and this Deed of Trust unless tinder releases Borrower in writing. If Leffler. on the basis of any information obtained regarding the transferee, reasonably determines that Lender's security mi iy be impaired. or that there is an unacceptable likelihood of a breach of any covenant or agreement in this Deed of Trust, or if the required information is not submitted. Lender may declare all of the sums secured by Otis Deed + of Trust to be immediately due and payable. if Lender exercises such option to accelerate. Lender shall mail Borrower =W notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days - from the date the notice is tailed or delivered within which Borrower may pay the sums declared due. if Borrower falls to pay such sums prior to the expiration of such period. Lender may. without further notice or demand on Borrower. invoke any remedies permitted by paragraph 17 hereof. NON- UNIFORM CbvENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Reasadlss. Except as provided i■ paragraph 14 hand, spew Borrower's breach of any covenant "a gnmeaat of So ssm to rifts Deed of Trust, including Borrowerls fammre to pay, by the end of 10 calendar days after they are dote, say ass is secured by *Jm Deed of Tn;st, Leaser prise to aeabeatbm shall give notice to Borrower as Provided In prragrapb 12 boreal sptaifyinss:11) the breach; 42) fin cation requi nd is area social -- ph; (3) a.slate. not ins ttltas 20 days from the date the active is stalled to Borrower, by urrMeh sack breach cart be cured; and (4) that billure to ours such breech on or haters the flare apmeifttad in the make (sty molt In nead"tlon of the swttu wound by ;'his Dowd of Trust and sak of the Property. Use. soda shall further i d* m Botttrt+war oldie riot to rMsetste after acoelaratlonsad rho rlsht to brhtR • aoMrt actlan tt►ssoeet Nee tttaenxlstonee of a de aetiflsrtsy arbor depose of• worrewer — to aooderatim and sak. U the breaok b not cuma -om K before the date srp�eltleti�•iratbe notices Laadsr, at•Uetader's .. :.x option, may declare aB of the sums secured by Osk Weed of Trust to be 11111 cliately due a" lwirrAb1 viii tt further _ _ demand and way invoice tfio power of sale and any otter remedies permltttediiy applicable law.)F&PAJer shall be es+titled .� to colhet all reasonable coats and expenses incurred in persumi; the remedies provided Iw this poitipapb 17, ioelitdias, but not limited to, naeonsbte attorneys' fen. : U the power of sak Is invoked, Trustee shall record a notice of default to each com* In wbkb the Property -err some part thereof b located 04 shall mail copies of sneb notice In the meaner pnwribed by applkabk law to Borrower and to the other person pnsedbed by applicable taw. After the Iapse of such time cu slay be notinked by appikable law, Trastoe"give public: notice of taste to Abe persons and Its the manner prescribed by applieable.law. Trustee, without descant on Wanower, about sell the Prep" at ptsblk auction to Me bluest bidder at the lime and place and order the terms daigated to the nalke of oak In one or more pamb and in such order as Trustee may detl>:etoInc. Train may . p,tstrene oak of all or say pared of the Property by public s come seement at bete time and p1we of any previously oeiadnte I ask. Ltader'ar Undoes designee may purchase the Property at. any"fe ' Upon receipt of payment of the prke bid, Trustee shalt deliver to the purchaser Trwtee's deed conveying the Property sold. The recitals Is the Trustee's deed shall be prfumbele evidence of the truth of the statements made therein. Trust« shall apply the proceeds of the oak in the following order: (a) to all reasonable casts and expenses of the oak. i , but not limited to, Trustee's tea actually Incurred of not more than = b y ............. % of the gross sale price, rooms" attorneys' fees and costs of title evidence; (b) to all sum secured by fhb Deed of Trost; and lc) the ex. tins, if say. to the person or persons legally entitled thereto. IL Borrower's Right to Relin"te. Notwithstanding lender's acceleration of the sums secured by this Deed of Trust. due to Borrower's breach. Borrower shall have the right to have any proceedings begun by Lender to enforce this r Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust rf: C la) Borrower pays Lender all sums which would he then due under this Deed of 'Trust and the Note had no acceleration occurred; (b) Burrower cures all breaches of any other covenants or agreements of Borrower contained in this Decd 44f 'Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants did agreement% of harrower contained in this Used of Trust and in enforcing lender's and Trustee's remedies as provided in jttlj paragraph 17 hereof, including, but r,u1 haired to. reasonable attorneys' fees, and (d) tlorrotser takes such act,4m as r r 4P Lender may rca%onahty require to assure that the hen of this Deed of Trust. Lender'% interest in the Prolxrt� and ! ' Borrower's obligation to pay the sums %ecutcd by this Deed at I rust shall continue unimpaired t rplm such payrncnt and curl' by Borrower, this iked of 'Trust and the uhltkaltum secured hereby shall remain in full tune• and effect as it 1141 avert[ /Afton had (wturred. .�