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<br />not personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any other Borrower
<br />her, under 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 iructcsi 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 d s"gnate 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, Severabi0ty. 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 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 of execution or after recordation hereof.
<br />15. Rehabilitation Loan Agreement. Borrower ;hall fulfill ail of Borrower's obligations under any home rehabiiita-
<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: wassmpous. _ If all or any part of the Property or an interest
<br />therein is sold or transferred by Borrower without Lender's prior written consent,
<br />excluding (a) the creation of a lien or encumbrance subordinate to this Deed of
<br />Trust, (b) the creation of a purchase money sectazity interest for household appl_
<br />ances or (c) a transfer by devise, descent or by operation of law upon the death of
<br />a joint tenant, Lender may, at Lender's option, declare all the suss secured by this
<br />Deed Trust be immediately due Lender have waived such
<br />of to and payable. shall
<br />option to accelerate if, prior to the sale or transfer, Lender and the person to
<br />Wham the Property is to be sold or transferred reach agreement in writing that the
<br />credit of such person is satisfactory to Lender and that the interest payable on the
<br />sums secured by this Deed of Trust shall be at such rate as Lender shall request.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of
<br />acceleration in accordance with paragraph 12 hereof. Such notice shall provide a
<br />period of not less than 30 days from the date the notice is mailed or delivered
<br />within which Borrower may pay the sum declared due. If Borrower fails to pay such
<br />sums rior to the expiration of such period, Lender may, without further r�tux or
<br />nd
<br />dettaaon Borrower, rnvoke any remedies permitted by paragraph 17 hereof.
<br />NON-UNIFORM CO VENAMn Borrower and Lender further covenant and agree as follows:
<br />17. Acceleration; Retnsdies. Except as prodded in 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 duo, any sumo secured by ibis Deed of Trust. Lender prior to acceleration shall give notice to Borrower as
<br />provided in paragraph 12 hereof specifying: iI) the breach; (21 the ackue required to core such breach; (3) a due, not
<br />y
<br />leas than 20 dais from the date the notice is mailed to Borrower. by which such breach must be cared; and (4) that
<br />failure to cute such breach on or before the date specified in the notice may result in acceleration of the sauna secured by
<br />this Deed m-FTrzat and sale of the Property. 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 ^*fired on or before the date specified in the notice. Leader, at Leader's
<br />option, may declare all of the sums scoured by this 'teed of Trent to be Immediately due and payable without further
<br />demand and may invoice the power of We and any other remedies permitted by applicable law. Lender shall be entitled
<br />to collect afl reasonable costs and expenses incurred in pursuing the remeddm provided In this paragraph 17, including,
<br />but not limited to, reasonable attorneys' fees.
<br />If the power of sak is invoked, Trustee shall record a notice of default In each county in which the Property or some
<br />part .fiereef is looted and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and
<br />to t!-- other persami prescribed by applicable law. After the lapse of such time as may be required by applicable law,
<br />Trustee shah give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without
<br />demand on Borrower, shall sell die Property at public auction to the bt&est bides at the time and place and under the
<br />tetras designated in the notice of sak in one or more parcels and in such order as Trustee may determine. Trustee may
<br />postpone sale of all or any pared of the Property by public announcement at the time and piece of any previously
<br />scheduled sale. Lender or Larder'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 said. The recitals in the Trustee's deed &bail be prima fade evidence of the truth of the statements made
<br />therein. Trustee shall apply the proceeds of the sale in the following order. ter! to all reasonable costs and expenses of the
<br />sale, including, but not limited to, Trustee's fees actually incurred of not more than ............. % of the gross sale
<br />price, reasonable attorneys' fees and costs of title evidence; (bi to all same secured by this Deed of Trust; and let the ex.
<br />peas. if any, to the person or persons legally entitled thereto.
<br />IS. 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 ti) the fifth day before the sale of the Property
<br />pursuant to the power of sale contained to this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Tnrst if,
<br />la) Borrower pays Lender 311 sums which would be then due under this Deed of Trust and the Note had no acceleration
<br />occurred; ib) 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 to enforcing the covenants and
<br />agreements of Borrower contained in this Deed of Trust and to enforcing Gender's and Trustee's remedies as provided to
<br />d
<br />paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees: and �d) Borrower takes such action as
<br />t6
<br />Lender :nay. reasonably require to assure that the hen of this Decd of Trust. Lender's interest to the Property and
<br />Borrower s cihhgatton to pay the sums secured by this Died „t Trust shall xintinue unuttpatred l'pon such pavmcnt anti
<br />curt by Borrower. this Decd of Trust and the bliganuns secured hereby shall remain in full force and effect as if no
<br />a—ru!talmn had :purred
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