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200609805
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Last modified
11/2/2006 2:55:13 PM
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11/2/2006 2:55:12 PM
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DEEDS
Inst Number
200609805
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<br />200609805 <br /> <br />DOC 10 #: 00015053647909006 <br /> <br />make any other accommodations with regard to the terms of this Deed of Trust or the Note, without that <br />Borrower's consent and without releasing that Borrower or modifying this Deed of Trust as to that Borrower's <br />interest in the Property. <br />12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any <br />notice to Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such nOlice <br />by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may <br />designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to <br />Lender's address stated herein or to such other address as Lender may designate by notice to Borrower m; <br />provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower <br />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 <br />laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability <br />of federal law to this Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note <br />conflicts with applicable law, such conflict shaH not affect other provisions of this Deed of Trust or the Note <br />which can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust <br />and the Note are declared to be severable. As used herein, "COSL~," "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 Deed of <br />Trust at the time 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 <br />Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an <br />assignment of any righL'i, claims or defenses which Borrower may have against parties who supply labor, <br />materials or services in connection with 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 <br />any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or tmnsferred and Borrower <br />is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate <br />payment in fuJ! of all sums secured by this Deed of Trust. However, this option shall not be exercised by Lender <br />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 <br />a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay <br />all sums secured by this Deed of Trust. If Borrower fails to pay these sums prior to the expiration of this period, <br />Lender may invoke any remedies permitted by this Deed of Trust without further notice or demand on <br />Borrower. <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree a~ follows: <br />17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of' <br />any covenant or agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by the <br />end of 10 calendar days after they arc due, any sums secured by this Deed of Trust, Lender prior to <br />acceleration sha)) give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; <br />(2) the action required to cure such breach; (3) a date, not less than 20 days from the date the notice is <br />mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or <br />before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust <br />and sale of the Propcl.ty. The notice shan further inform Borrower of the right to reinstate after <br />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 <br />the notice, Lender, at Lender's option, may declare aH of the sums sceured by this Deed of Trust to he <br />immediately due and payable without further demand and may invoke the power of sale and any other <br />remedies permitted by applicable law. Lender shaH be entitled to coHcet aH reasonable costs and expenses <br /> <br />. -76N(NE) (0407) CHL (08/05) <br />(!l <br /> <br />Page 5 of 8 <br /> <br />Form 3828 <br />
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