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87, 10-1536 <br />Nil <br />n't 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. for; ear, or make any other accommodations with regard to the terms of this <br />�, <br />�d ,,`T,e„ : t`c uc _, ..thcut that pore...._. _ _,,...,. -t and ^ ;" c :e» : a : at 50.. ,,r :A .:g t..,; ✓,_� <br />of Trust as to that Borrower's interest in the Property. <br />12. Notice. Except for any notice required under applicable law to he given in another manner, (a) any notice to <br />u�..,�er '.r�.r c r :., tt,w feed of Tr„yer chore t.. t.o .iel:yenn�, :t .,. E:v ,,,Qilin., ...h ^ ^!`.. ^e l,v ,.art,.fi.�i mall <br />pr.^:ided e g; en b delivering b e. b <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 Leader when given in the manner designated herein. <br />13. Governing Law; Severairlllty. 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 />'r <br />conflicting provision, and to this end i:hc provisions of this Deed of Trust and the Note are declared to be severable. As <br />r <br />used herein, "costs ". "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or <br />1 <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 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. Tr=ader of the Property: Ammo mion. _ 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 ezl=rance subordinate to this Deed of <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 suss secured by this <br />Deed of Trust to be immediately due <br />and payabl -t. Lender shall have waived such <br />option 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 person is satisfactory to Lender and that the interest payable on the <br />stems 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 sail 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 sugs declared due. If Borrower fails to pay such <br />sums prior to the expiration of such period, Lender nay, without further notice or <br />+remand on Borrower, invoke any remedies permitted by paragraph 17 hereof. <br />Noll - UNIFORM COVENANTS. Borrower and Lender further cunt and agree as follows: <br />17. Acceleration; Remedies. Except s provided in paragraph 16 hereof. coon Bummer'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 caleadar days after <br />they an due, any seas secured by this Deed of Trost, Leader prior to aeesleradon :hail give notice to Borrower as <br />provided in paragraph 12 hereof specifying: (I ) the breach; (2i the action required to cue such breach; (31 a date, cat <br />low ttms 20 days from the date the notice is mailed to Borrower, by which such bteacb meat be cured; and (4) that <br />failure to curs such breach on or before the elate sped-fled L the vedice may result in acceleration of the suras secured by <br />this Deed of Tryst 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 acthan to assai t the nonexistence of a default of any other defense of Borrower <br />to secderatim and sue. If the breach is not cured on w before the date specified in the notice, Lender, at Linda's <br />option, may declare all of the sums neared by this Deed of Trot to be immediately due and payable without further <br />Demand and rosy iayof^ the pewee of sale and any crier remedies permitted by, applicable law. Lender shall be entitled <br />to - - �ih resoOnabk ON" and expenses- lid it pursuing the remedies provided in this paragraph I7, including, <br />but net limited to, resemble attorneys' fen. <br />If the power of sale is Invoked, Trustee %hall record a notice of default in each county in which the Property or some <br />put thereof Its located and shin mail copies of such notice in the ,Rann:r prescribed by applicable law to Hammer and <br />to the other persons prescribed by applicable law. Sifter the Law of such time as may be required by applicable law, <br />Trustee &ball give public notice of sale to the persons and in the manna 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 piece and ands the <br />terms designated In the notice of sak in one or more garcehe and in such order as Trustee may determine. Trustee may <br />postpone sale of all or any parcel of the Property by public ameouncemtmt at the time and puce of any previously <br />scbednled sale. Leader or Lender's designee may purchase the Property at any sale. <br />Upos 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 shall be prima fade evidence of the truth of the swements made <br />therrdn. Trustee shall apply the proceeds of the sale to the following order: (al to all reasonable costs and expenses of the <br />sale, including, but not Waited to, Trustee's fees actually incurred of not more than ............. % of the gems sue <br />prim reasonable attorneys' fern and casts of title evidence; (b) to all soma secured by this Deed of Trust; and (c) the ex- <br />t~ <br />cos, If my, 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 (() the fifth day before the sale of the Proper' - <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 />L <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 in enforcing Lenders and Trustee's remedies as provided in <br />paragraph 17 hereof, including, but not linuted to. reasonable attorneys' fees; and (d) Borrower takes such action as <br />tender may reasonable require to assure that the lien of this Deed of Trust. Lender's interest in the Property and <br />Borrowers obligation to pay the sums secured by thus Dced of Trust shall continue unimpaired t'lx,n such payment and <br />cure ov Borrower, this Deed of Trust and the obligations secured herehv shall remain in full force anti effect as if no <br />acceleration had occurred. <br />Nil <br />