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i-- 10079" <br />not personally liable on the Note or under this need of Trust, and (c) agrees that Lender and any other Borrower <br />iereunder 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 Decd <br />of Trust as to that Borrower's interest in the Property. <br />' <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 adc:ress 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 Lw; Seveeability. 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 <br />this Decd 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 ". "expensdh" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or <br />limited herein. <br />11. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the. <br />time of execution or after recordation hereof. <br />15. Rehabilitation Lane Agroemeat. Borrower shall fucfdl all of Borrower's obligations under any home rehabiiita- <br />non, 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 Aefenses which Borrower may have against parties who supply labor, materials or services in connection with <br />improvements made to the Property. <br />16. Tramfer of use Preperry: Asreettptioa _ If all or any part of the Property or an interest_ <br />1 <br />therein is sold or traneforrsd by Borrower without Lender's prior written consent,' <br />to) <br />escruluding the creation of a lien or encumbrance subordinate to this Dead of <br />Tst, (b) the creation of a purchase money security interest for household appli =' <br />,antes or (c) a transfer by devise. descent or by operation of law upon the death OLL <br />a joint tenant, Lender any, at Lender's option, declare all the sues secured bq this <br />Trust be <br />;5. <br />Deed of to immediately due and payable. Leader shall have waived such <br />oapption to accelerate if, prior to the sale or transfer. Lender and the person to <br />Property be <br />when the is to sold or transferred reach agreement in writing that tree <br />credit of such person is satisfactory to Lender and that the =nterest payable on the <br />sutra secured by this Deed of Trust shall be at siuch rate as Lender shall request., <br />Zf Lender osarcises such option to accelerate, Lender shall mill Borrower notice of <br />acceleration in accordance with paragraph 12 hereof. Such notice shall provide a <br />` <br />period of not lets than 30 days from the date the notice is nailed or delivered' <br />r- <br />within which Borrower may pay the sins declared due. if Borrower fails to pay such <br />sumo prior to the espiration of such period. Lander nay, without further notice or . <br />;.demand on Borrower, Lnvoae any remedies permitted by paragraph i7 hereof. <br />Non- LttviFotm CovEmAwrs. Borrower and lender further cowenant and agree as follows: <br />s' <br />17. AeoeioeWee: Rom slim. Except as peevidod IN parspisph 16 6sseef, apse Borrower's breech of env cast <br />or agreement meat of So - use in 06 Deed of Trust, ieeleelltrg Barrower's failure to pay, b► the erred of 10 calendar dap state+ <br />� <br />they an doe, any imam secured by this Dead of Trent, lewder prior to acceleration shall give notice to Borrower to <br />provided Is, 12 bereof mpecltyingt (11 the broach; (2) the action required to care such breech. (31 a done, set_ <br />hus than 20 does Gam the dr'e the sedoe Is mailed to Bar owes. by wWeb such bet:eeh must be cared; and td) that <br />*: <br />fails" to cure such breach so or before the daft spocflled is the notice may rewlt in acceleration of the moms seemed by <br />tale Decd oCTrust and ask of the property. The notice shall further inters Burrower of the right to reinstate after <br />aceek a lso and tie right to baring a ones actim to amore the nonexistence of a defadt or nay other defame of Bat owe r <br />.0 mcderatfoa and ask, If the breach Is act mmdtd as tor before the done sp skied is the seem Leader, at Leader's <br />wptiae, may declare all of the memo matured by this Dead of Tweet to he immedisaely due and parable without further <br />demand and mmy invoke the power of sale and any other rraodYr permitted by applicable law. Leader shall be entitled <br />to collect oil rionsom le costs sad ear incurred in p min the esediw provided in this paragraph 17, hadsdiq, <br />but act Uadaod to, eeaaoaabk attenoys' teas. <br />If the power of sale io imWmd, Trmue shell rem a notice of default to each county in which the Property or same <br />part thereof is located and shell m(1 simples of such notice Is the mmsur proscribed by applicable law to Benower and <br />to the other persons prescribed by applicable law. After the low of such these o may be required by applicable law. <br />Trustee shill give public notice of sale to the persons and is the eraaner proscribed by applicable law. Trustee. without <br />demand an Burrower. shell sell the Property at paWk seethe to the highest bidder at the time and place and under the <br />terms dddressed In the notice of mile in our or more pe etb and in such ardet as Truesee may determine. Trustee may <br />postpone ask of ail or my parcel of time Pespaty by public aasome,rseet at the time and piece of any previously <br />scheduled sal-- Lauder so, Lasder's dosiVem my purchase the property at any ask. <br />Upon nceipl of payment of the price bid, Trustee al" deliver to the purchaser Trustee's deed conveying the <br />Property add. The red" is the Trustee's doted shall be prim facie evidence of the truth of the statements made <br />tierels. Trusser shell apply the proceeds of the sale in the following order, fat to all reasonable costs and expenses of the <br />oak, iadadlitrg, but not limited to, Trustee's few actually incurred of set more thw ......... , . . % of the grow sale _ <br />price. reasonable atteraeys' toes and coon of title evidence; (bi to ail sums secured by this Deed of Trust: and (ci the ex- <br />if any, to the person or person legally tndded dowees. <br />16. Bearewer'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 ii) the fifth day before the sale of the Property <br />pursuant to the power of sale contained in this Deed of Trust or (ii; entry of a )udgment enforcing this Bred of Trust if - <br />W Borrower pan 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 to this Der; of <br />_ <br />Trust; ic) Sorrtwer pays all reasonable expenses incurred by Lender and Trustee it, enforcing the revenants and <br />agreements of Borrower contained to this Deed of Trust and in enforcing under : ani Trustee's remedies as provided in <br />' <br />paragraph I - hereof. mdudinK, but not litntted i(i, reasonable attornevs 'rte .ind l ft+ mr rr ?akrs eoch action ; °.s <br />� <br />Lender ma_v rrasonahfr mquirr to assure that ihr lien •t ehts D",! •t rust rndrr =, :ntrrrst .n :he F'rt pmts null <br />f3.rrrr.wcr s (±t±ltgatt„rt n_.liati the rums aecurrd by thin (Ned r'f !ruses shall ..,t r U1 -r :page,' .++n •,taste ra,mr ^; aInd <br />- <br /><tire w Roan —!r- t`+es ()rrtt of Trust ant; ter •,hitgatiom srcured hrrf „- ' ;a:d rrn -t;•, . -, 'n - . +r <. w i »Hr, –t 1, f n” <br />- - <br />�c <rierstton hoc; �ncitr,ad <br />- <br />