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<br />200511829
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<br />10. Borrower Not Released; Forbearance By lender Not a Waiver. Extension of the time for payment or modification
<br />of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall
<br />not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall
<br />not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify
<br />amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and
<br />Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise
<br />afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
<br />11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower,
<br />subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any
<br />Borrower who co-signs this Deed of Trust, but does not execute the Note, (a) is co-signing this Deed of Trust only to grant and
<br />convey that Borrower's interest in the Property to Trustee under the terms of this Deed of Trust, (b) is not personally liable on
<br />the Note or under this Deed of Trust, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify,
<br />forbear, or make any other accommodations with regard to the terms of this Deed of Trust or the Note, without that Borrower's
<br />consent and without releasing that Borrower or modifying this Deed of 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 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 desi nate b notice to Lender
<br />as provided herein, and-{b} any notice to en er s a I e given .y certlle mal 0 en er'sa ress sate ereln or 0
<br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed
<br />of Trust 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 rehabilitation,
<br />improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may
<br />require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or
<br />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 Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold
<br />or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's
<br />prior written consent, Lender 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 the date 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
<br />this 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 ofTrust, including Borrower's failure to pay, by the end of 10 calendar
<br />days after they are due, any sums secured by this Deed of Trust, lender prior to acceleration shall give notice to
<br />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
<br />in 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
<br />by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable
<br />law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time
<br />and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee
<br />may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time
<br />and 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 therein.
<br />Trustee shall apply the proceeds of the sale in the following order: (a) to all reasona~le costs and expenses of the sale,
<br />including, but not limited to, Trustee's fees actually incurred of not more than .0 % of the gross sale price,
<br />reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the
<br />excess, if any, to the person or persons legally entitled thereto.
<br />18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, due
<br />to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust
<br />discontinued at any time prior to the earlier to occur of (i) the fifth day before sale of the Property pursuant to the power of sale
<br />containe<Nt this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which
<br />would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all breaches of any
<br />other covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable expenses incurred
<br />by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust, and in enforcing
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