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
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