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<br />87- 101534
<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 />Dccd cf T7L..st or 1h: Nc!t .r!hou! era* Borrower's rnneene and without releasing that Borrower or rnodif�^no this D^-
<br />ofTrust 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 even by delivering it or by mailing such motive 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 stat -d 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 shalt be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />13. Governing Law; Severabillty. 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 Truest 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 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 Linder, 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; Asamptiom : 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 security interest for household appl_
<br />antes or (c) a transfer by devise, descent or by operation of law upon 'the death oil
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<br />a joint tenant, Lender may, at Lender's option, declare all the sues secured !fir -- thisi
<br />Deed of Trust to be immediately due and payable. Lender shalJ, have. waived such
<br />oop�tion to accelerate if, prior to the sale or transfer, Lender- -an3 :'t>bde', persrm --tol
<br />whose the Property is to be sold or transferred reach agreement itt :v ti-InT that the-
<br />w of such person is satisfactory to Lender and that the interest payable on the
<br />suss 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 tailed or delivered
<br />within which Borrower may pay the sums declared due. if Borrower fails to oav such
<br />sums prior to the expiration of such period, Lender }say, without further notice or
<br />demand on Borrower, invoke any remedies permitted by paragraph 17 hereof.
<br />NON - UmIFORM COVENANTS. Borrower and Lender further covariant and agree as follows: _
<br />17. Acceleration; Remedies. Except as provided 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 do*, any sums secured by this Deed of Trust. Leader prior to acceleration shall give notice to Borrower as t
<br />provided in paragraph 12 hereof specifying: (I) the breach; (2) the action required to cure such breach; (3) a date, not
<br />has than 20 days from the date the notice is mailed to Borrower, by which such breach must be cured; and 14) that
<br />Won to cote such breach on or before the date specified in the notice near result in acceleration of the sums secured by
<br />this Deed of -Trust and We 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 s. default or any other defense of Borrower
<br />to acceleration and sale. If the breach is not cured oa or beivre the date specified in the notice, lender, at Lender's
<br />option, may declare all of the sums secured by this Deed of Trost in be immediately due and payable without forther
<br />demand and may invoke the power of sale and any other remedies permitted by apptirsble law. Lender shall be entitled
<br />to collect :r4 �ab/le .oer and expenses z ; p. .u.r =eidr provided in this paragraph I', ind ud.
<br />ng,
<br />but not limited to, 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 mail copies of such notice in the ma tner prescribed by apptkable law to Borrower and
<br />to the other persona prescribed by applicable law. After the lapse of such time as may be required by applicable law.
<br />Trustee shatl give public notice of sale to the persons and to 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 aay previoualy
<br />scheduled sale. Leader or Leader'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 stutementa made
<br />therein. Trustee shall apply the proceeds of the sale in the following order. (a) to ail reasonable costs and expenses of the
<br />sale, Including, but pat Limited to, Trustee's fees actually incurred of not more dean ............. % of the gross sale
<br />price, reaeonaaie attorneys' fees and coats of title evidence; fo) to all soma secured by this Deed of Trust; and (c) the ex- -
<br />cess, 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 Property
<br />pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if-
<br />La) 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 to enforcing Lender s and Trustee's remedies as provided in
<br />paragraph 17 hereof, including, but ne! limited to, reasonable attorneys' fees: and (d) Borrower takes such action as
<br />lender may reasonably require ro assure that the lien ut this Deed of Trust. Lenders mierest in the Property and
<br />&vrower s .thhkanun to pay the scars secured by this Deed of Trust shall continue unimpaired t'pnn such payment and
<br />cure by Harrower, this !)evil if Irust and the obligations secured hereby shall remain in tull force and effect as if no
<br />a. :crict al ion hid ,x currrd
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