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In <br />8® 102306 <br />12. Netles, Except for any notice required udder applicable law to be given in another maMnef,(A) any notice l0 Borrower <br />provided for in INS Dead of Trust shot be given by dalWarinng II Or by mailing such notice by certified mail addressed 10 Borrower at <br />1he ProWty Addross Or 31 such other address as Barowermay closignalo by notico to Lander as provided herein, and(b) any notice t0 <br />Leander shall ba given by certified mail to Lendea's address stated herein or to such other address as Lender may designate by notice to <br />Borrower as provided herein. Any notice provided for In INS Deed of Trust Shall be doomed to have been given to Borrower Or <br />Lender when given in thomxvter designated herein. <br />13, Governing Law, Soverabllity. 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 hot limit the applicability of Federal law to this Deed of <br />Trust. in the event Iho any provision or clause of INS Deed of Trust or the Note conflicts with applicable law, such conflict shall not <br />affect Other provisions Of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end <br />the provisions of INS Doled of Trust and the Note are declared to be severable. As Used herein, "Costs", "expenses" and "attorneys' <br />fees" include all SUMS to the extent not prohibited by applicable law or limited herein. <br />14. Be►rewor's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of <br />execution or after recordation hereof. <br />16. IlehNllitetlon Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any hone rehabilitation, <br />Improvement, repair or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require <br />Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, cUms or defenses which <br />Borrower mayhave against parties who supply labor, materialsor services in connection with improvements made to the Property, <br />1B. Transfer of the Property. If Borrower sells or transfers all or any part of the Property of an interest therein, excluding <br />(a) the creation of a lien or encumbrance subordinate to INS Dead of Trust, (b) a transfer by devise, descent, or by operation of law <br />upon the death of a joint tenant, or (c) the grant of any leasehold interest of three years or less not containing an option to purchase, <br />Borrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to <br />the transferee. Borrower will continue to be obligated under the Note and this Deed of Trust unless Lender releases Borrower in <br />writing. <br />If Lender, on the basis of any information obtained regarding the transferee, reasonably determines that Lender's security may <br />be Impaired, Or that there is an unacceptable likelihood of a breach of any Covenant or agreement in this Dead of Trust, or if the <br />required information is not submitted, Lender may declare all Of the sums secured by INS Deed of Trust to be immediately due and <br />payable. If Lander exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed or delivered within <br />which Borrower may pay the stets declared due. If Borrower fails to pay such suns prior to the expiration of such period, Lender <br />may, without further notice or demand on Borrower, invoke any remedies permilted by paragraph 17 hereof. <br />NON- UVIFOFM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Acctlerstlen; Rsmodles. Except as provided In paragraph 16 hereof, upon Borrower's breach of any covenant or <br />opmenhent of Borrower Inthia Deed of Trust, Including Borrower's failure to pay, by the and of 10 calendar days after they are <br />due, any sumo seared by this Deed of Trust, Lender prior to aoalerstion shall give notice to Borrower as provided In <br />Paragraph 12 hereof specifying: (1) the bresdt: (2) the action required to cure such breach; (3) a date, not logo than 20 days <br />from the datsthe notice Is mailed to Borrower, by which such breach must be aced; and(4) that failure to cure such breach on <br />or before the deft spedfled In the netice may result In acceleration of the turns secured by this Deed of Trust and sale of the <br />Property. The notice Noll further inform Berrewer of the right to reinstate after acceleration and the right to bring a court <br />wdon to asesrt the imm xebnce of a default or any ether defense of Borrower to acceleration and sale. If the breach Is not <br />cared en er before the dtte specified In the notice, Larder, at Lender's option, may declare all of the sums secured by this <br />Dal of Trust tt be hw mdlatNy due and payable without further demand and may invoke the power of Sae and any other <br />remedles Pwmttbd by applicable low. Lender shall be entitled to collect all reasonable cosh and expenses Incurred In <br />pursuing therem"Ise provided In ills paragraph 17, Indulging, but net limited to, reasonable attorneys' fogo. <br />If the pavwr of sale le Invoked, Trustee shall record a notice of default In each county in which the Property or some <br />Pwttheretf 10 heated Inds holl mail arpi of such notice in the manner proscribed by applicable law to Borrower and to the <br />ether persons prsealbed by spplksble law. After the lapse of such time se may be required by applicable low, Trustee shall <br />hive public notice of sale to the Pomona and In the manner proscribed by applicable law. Trustee, without demand on <br />Borrower, shall sail the Property at public auction to the highest bidder at the time and place and under the terms designated <br />In the notice of sale In ono or more pawls and In such order as Trustee may determine. Trust" may postpone sale of all or <br />any pace of the Property by public annoawmernt at the time and place of any previously scheduled sale. Lender or Lender's <br />dsN6rw may Purchase, the Property at any sale. <br />Upon reoalpt of payment of the price bid, Trust** shall deliver to the pure hosar Trustee's dead conveying the property <br />said. The recitals In the Trusstee'a deed shall be prime fade evidence of the truth of the statements medal the iln. Trustee shall <br />apply the proceeds of the sale In the following order: la! to all reasonable costs and •xpetego of the sale, Including, but not <br />limited to, Trustee's fan actually marred of not more than % of the grove sale price, reasonable <br />attwmW fees and I - I of the evidence; Ibl to all sums seared by this Deed of Trust; and(cl the txesgo, If My, to the person <br />er persons legally ermltled thereto. <br />11. BerraMer a Itlahtt to RNnattrte. Notwithstanding Lender's acceleration of the Suns secured by this Deed of Trust, dire <br />t0 Borrower's breach, Borrower shall have the right 10 have any proceedings begun by Lender to enforce this Deed of Trust <br />discontinued at any line prior 10 the earlier 10 occur Of (1) the fifth day before the sale of the Property pursuant 10 the power of sale <br />contained in INS Dead of Trust or (ii) entry of a judgment enforcing this Deed of Trust lf: (al Borrower pays Lender all suns which <br />would be then due under INS Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other <br />covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable expenses, incurred tai <br />Larder and Trustee inenforcing the covenants and agreements of Borrower contained in INS Deed of Trust and in enforcing Lender's <br />andlTrusl **'s remedles as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower <br />lakes such action as lender mayroasonabiy require to assure that the lion of this Deed of Trust, Lander's interest in the Property and <br />BarOwOr'S ObligatiOn to Pay the suns Secured by INS Deed of Trust Shall Continue unimpaired. Upon such payment and cure by <br />Borrower, INS Deed of Trust and the Obligations secured hereby shall remain in fun force and effect as if no acceleration had <br />occurred. <br />1ESRAUA -HOW MPROVEWNT- 1 /8041111MAMMILMC LIMFORM INSTRUMENT <br />roam IQ <br />Post 3 of 4 <br />I ct au <br />.J <br />