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87- 1015`O
<br />not personally 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 I rust 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 Heed 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 local laws applicable to this Dad 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 vote and of this Deed of Trust at the
<br />time of execution or after recordation hereof.
<br />15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabiiim-
<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.
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<br />16. Transfer of the Property; A:umption.: 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,
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<br />excluding (a) the creation of a lien or encumbrance subordinate to this Deed of
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<br />Trust, (b) the creation of a purchase money security interest for household appli=
<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 suns secured by this
<br />Deed Trust he
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<br />of to immediately due and payable. Lender shall have waived such
<br />opplion to accelerate if, prior to the sale or transfer, Lender and the person to
<br />whom the Property is to be sold or transferred reach agreement in writing that the
<br />credit of such is
<br />person satisfactory to Lender and that the interest payable on the
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<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 nail Borrower notice of
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<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 trailed or delivered
<br />within which Borrower may pay the gulps declared due. If Borrower fails to pay such
<br />sums prior to the expiration of such period, Lender may, without further notice or
<br />demand on Borrower, invoke any remedies permitted by paragraph 11 hereof.
<br />Novi- L'NtFOtcta Co4'eNAnTS. 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 covenant
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<br />or agreement of Borrower In this Deed of Trust, including Borrower's failure to pay, by the end of 10 calendar days after
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<br />they are dux, any sums secured l y this Deed of Trust, Leader prior to acceleration shall give notice to Borrower us
<br />provided its paragraph 12 hereof specifying; (II the brut; (21 the acts required to cure such breach; (3) a date, not
<br />leas than 20 days from the date the notice is mailed to Borrower. by which such breach must be cured; and (41 that
<br />faflum to cure such breach on or before the date specified in the notice may result is acceleration of the sums secured by
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<br />this Deed of—Trust and sale of the Property. The notice shall farther inform Borrower of the right to reinstate after'
<br />acceleration and the right to bring a court action ao ttsert the nonexistence of a default or any other defense of Borrower
<br />to acceleration and sale. If the breach is not cured an w before the daft specified in the notice. Lender, at Lender's
<br />option, may declare all of the sums secured by this Dee3 of Trust to be immediately due and payable without farther
<br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled
<br />to collect all reasonable costs and expenses incurred Lc pursuing the remedies provided In this paragraph 17, including,
<br />but not limited to, reasonable attorneys' fees.
<br />If the power of sale is invoked, Trustee shall record a notice of default is each county in which the Property or some
<br />part thereof is located and shall mail copies of such notice in the manna prescribed by applicable law to Borrower and
<br />to the other petsoms prescribed by applicable law. After the lapse of such time as may be required by applicable law,
<br />Trustee shall give public notice of sale 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 Grit or more parcels and in such order as Trustee may deti -mine- Trustee may
<br />postpone We of all or any parcel of the Property by public announcement at the time and place of any previomly
<br />scheduled sale,. Linda 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 me!" in the Tr-tee's deed shaft 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 />We. includitill but net Butted ter_ Tna i-1. F u rn.!!. t,.,•n..�.t ..f
<br />Price, reasonable attorneys' fps and costs of title: evidence; (bi to all sums secured by this Deed of Trust; and (c) the ex-
<br />Celia, 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 broach, 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 Property
<br />pursuant, to the power of sale contained in this Deed of Trust or iii) entry of a judgment enforcing this Deed of Trust if:
<br />tar Borrower pays Cinder all sums which would be then due under this Deed of Trust and the Note had no acceleration
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<br />occurred. (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of
<br />Trust: (c) B;arrower pays all reasonable expenses incurred by Lender anti Trustee to enforcing the covenants and
<br />agreements of Borrower contained m this Deed otTrust and ;n enforcing Lentiet . and Trustee "s r +•me.fie> as provided in
<br />paragraph I" hereof, including,, but ❑set limited to, reasonable attornevs''e es. and d! Rorr,urr •akes such at win *n as
<br />IAnder nia. roast nahFy rrquirc 1„ ,r,surr that the heo of title Deed 44 Trust. lender nt••re-,: r the P- perty .ind �
<br />Bt.rrtrsrr e;;hl� astern ,ts pas tit,, :lens secumd h: this i),e,i set I rust shaJS it,nt;nsee ,.,; :m; .t - „i ..,,): flu :rrnent and
<br />uirr i v =. +rr<rw t;�s l irld of h u,t and the ..hligat.uns secured her,:!-, sty iii rrrna"n 1, stilt to"', +rid ,•trier as it no
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