|
B8° 100926
<br />not persrnally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any other Borrower
<br />hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this
<br />Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed
<br />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 designate by notice to Lender
<br />as provided herein, and (b) any notice to Lender shall be given by certified 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 provided for in this
<br />Deed 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 locr t 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
<br />this Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable
<br />law, such conflict shall not 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 declared to be severable. As
<br />used herein, "costs ", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or
<br />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
<br />time ofcxecution or after recordation hereof.
<br />15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilita-
<br />tion, improvement, repair or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option,
<br />may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights,
<br />claims or 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 the Property. If Borrower sells or transfers all or any part of the Property or an interest therein,
<br />excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) a transfer by devise, descent, or
<br />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
<br />containing an option to purchase. Borrower shall cause to be submitted information required by Lender to evaluate the
<br />transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and
<br />this Deed of Trust unless Lender releases Borrower in writing.
<br />If Lender, on the basis of any information obtained regarding the transferee, reasonably determines that Lender's
<br />security may be impaired, or that there is an unacceptable likelihood of a breach of any covenant or agreement in this
<br />Deed of Trust, or if the required information is not submitted, Lender may declare ail of the sums secured by this Deed
<br />of Trust to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower
<br />notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days
<br />from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails
<br />to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph 17 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />17. Acceleration; Remedies. Except as provided to paragraph 16 hereof, upon Borrower's breach of any covenant
<br />or agreement of Borrower In this Deed of Trust, including Borrower's failure to pay, by the end of 10 calendar days after
<br />they are due, any sums secured by this Deed of Trust, Lender prior to acceleration shall give notice to Borrower as
<br />provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach, (3) a date, not
<br />less than 20 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that
<br />failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by
<br />this Deed of Trust and sale of the Properly. The notice shall 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 defense of Borrower
<br />to acceleration and sale. If the breach Is not cured on or before the date specified In t4t.011111".14iq 9 ,' : alder's,
<br />option, may declare all of the sums secured by this Deed of Trust to be Immediately due m& ytrbk >hithout 4,± her
<br />demand and may Invoke the power of sale and any other remedies permitted by applicable W*.L'erttershiWAmeedtled'
<br />to collect all reasonable costs and expenses Incurred in pursuing the remedies provided In fhb paragraph 17, Ietelnding,
<br />but not limited lo, 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 some
<br />part thereof Is located and shall mall copies of such notice In the manner prescribed by applicable law to Borrower and
<br />to the other persons prescribed by applicable law. After the lapse of such time as may be required by applicable law,
<br />Trustee shall give public notice of ask to the persons and in the manner prescribed by applicable law. Trustee, without
<br />demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the
<br />terms designated in the notice of sale in one or more parcels and In such order as Trustee may determine. Trustee may
<br />postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously
<br />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
<br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the
<br />side, including, but not limited lo, Trustee's fees actually incurred of not more than ............. % of the gross sale
<br />price, reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the ex-
<br />cons, 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
<br />Trust, due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this
<br />Deed of Trust discontinued at any time prior to the earlier to occur of(i) the fifth day before the sale of the Pro;xrty
<br />pursuant to the power of sale contained is this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if:
<br />(a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration
<br />occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of
<br />'trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and
<br />agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in
<br />paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as
<br />Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property and
<br />Borrower's obligation to pay the sums secured by this Decd of Trust shall continue unimpaired. Upon such payment and
<br />cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no
<br />acceleration had exrurred.
<br />
|