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200511511 DOC 10 #: 00012145241710005 13. Governing Law; Severability. The state and loeallaws 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 of Trust. In 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. Borrower'. Copy. Borrower shall be furnished a conformed copy of the Note and ofthis Deed of Trust at the time of execution or after recordation hereof. IS. Rebabllltatloo Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, 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 assianment 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. Tranlfer of the Property or a Beneflciallnterelt in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Deed of Trust. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Deed of Trust. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Deed of Trust. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Deed of Trust without further notice or demand on Borrower. NON~UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedie.. Except al provided In paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower In thi. Deed of Trnst. inclUding Borrower's failure to pay, by the end of 10 calendar day. after they are due, any .um. .ecured by this Deed of Trust, Lender prior to acceleration .hall give notice to Borrower a. provided in paragraph 12 hereof spedfylng: (1) the breaCh; (Z) the action required to cure such breach; (3) a date, not lell than ZO day. from the date the notice i. mailed to Borrower, by which luch breach mu.t be cured; and (4) that failure to cure such breach on or before the date spedDed in the notice may relult In acceleration of the lums secured by this Deed of Tnast and sale of the Property. The notlu shall furtber inform Borrower of the right to reinstate after acceleration and the right to bring a court action to Ulert the none:dstence of a default or any other defense of Borrower to acceleration and sale. If the breacb I. not cured on or before tbe date specified in the notice, Lender. at Lender'. option. may declare all of the sumssecored by tbll Deed of TrUlt to be Immediately due and payable without furtber demand and may invoke tbe power of sale and any other remedies permitted by applicable law. Lender .ball be entitled to coiled all reasonable cos.. and expensellneurred In punulng the remedies provided In this paragraph 17, inCluding, but not limited to. rea.onable attorneys' fee.. If the power of sale Is invoked, Trustee sbaU record a notice of default In eacb eounty in whieh the Property or .ome part thereof Is located and .hall_all eoplel of .ueb notice In tbe manner preseribed by applicable law to Borrower and to the other penon. preleribed by applicable law. After the lapse of .ucb time a. may be required by applicable law. Trustee .han give publie notice of sale to the penons and In the manner prescribed by applicable law. Trustee, wilbont demand on Borrower, shall seU the Property at public anction to the blghest bidder at the time and place and nnder the terms designated In the notice of sale in one or more pareel. and In such order a. Trustee may determine. Tru.tee may po.tpone sale of an or aoy parcel of the Property by pubUe announcement at the time and place of any previously scbeduled sale. Lender or Lender'l de.ianee may purehue the Property at any saIe. Upon receipt of payment of the priee bid, Trultee sball deliver to the purchaser Trustee's deed conveying the Property sold. The recitals In the Trustee'. deed shall be prima fade evidence of the trutb ofthe statemen.. made therein. Trultee Iball apply the proceedl oftbe s.le In the following order: (a) to all reuonable eo... and expensel of the sale, including, but not limited to, Trultee's fees actually Incurred reasonable attorney.' feel 81 permitted by Applicable Law; (b) to aU .um. secured by this Deed of Trust; and (e) the excell,lf any, to tbe penon or penon. legally entitled thereto. 18. Borrower's Rizht to Reinstate. 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 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 if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may .....~ jPV fIIt-78(NE) (0401) CHL (08104) PlIlIe 4 of 6 Form 3828