|
-� 104993
<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 Trust 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. Nectar. 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 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; SeverablBty. 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 />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. RebabiBttadoo Low 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 Lenders 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. Treader of the Property; Awmpties, _ If all or any part of the Property or an interest .
<br />therein is sold or transferred by Borrower without Lender's prior written comment-
<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 appli_ .
<br />antes or (c) a tzanafer by devise, descent or by operation of law upon the death of
<br />;,joint tenant, Lender say, at Lender's option, declare all the sums secured by this
<br />Dead of Trust to be immediately due and payable. Lender shall have waived such
<br />oopption to accelerate if, prior to the sale or transfer. Lender and the person to
<br />wham 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 />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 lose than 30 days from the date the notice is trailed or delivered
<br />within which Borrower say pay the sump declared due. If Borrower fails to pay such
<br />arms prior to the expiration of such period, Lender may, without further notice
<br />demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. or
<br />Non- UNIFORM COVENANTS. Borrower and Lender further covenant and ago as follows.
<br />17. Acmkrmdwt Remw in. Except as prodded in paragraph 16 hereof. upon Borrower's breach of any eovmemt
<br />or egmeeseet of Borrower Is this Deed of Trust, Including Borrower's failure to pay, by the end of 10 calendar days after
<br />they are doe, nay sums seeurod by this Deed of Trust. Leader prior to acceleration shall give notice to Borrower as
<br />provided is paragraph 12 harem( specifying: I I I the breach. (2) the action required to cote such breach; f3) a date, not
<br />Is= time 20 days rite the date the notice is mailed to Borrower. by which each breach ems be cured. Said (4) that
<br />fad re to cure sseb broach one or before the date specified in the modcx may result in acceleration of the sums secured by
<br />this Used of-Trust and We of the Fyopec'ty. The notice shall further inform Borrower of the right to reinstate after
<br />seeetleration Sad the right to bring a court action to assert the noses3stence of a default or my other defense of Borrower
<br />to acceleration and oak. If the breach is not cared on or before the date specified in the notice. Lender, at Lenders
<br />option, may declare all of the sum secured by this Deed of Trust to be immecilaWy dime and payable without further
<br />demand and nosy is lee the power of sale and any other remedies permitted by applicable law. Leader shall be entitled
<br />to Milner d) remsemobb caste and expanse incurred in pursuing the remedies prodded in this paragraph 17, Including,
<br />but not Melted ter, renew" attorneys' fees.
<br />U the power o( sale is invoked. Trustee sball record a notice of drianit to each county in which the Property or some
<br />part thereof Is located Sad shall mail copies of such notice in the answer prescribed by applicable law to Borrower and
<br />to the other parsons proscribed by applicable law. After the lapse of such time n may be required by applicable law,
<br />Trustee shall gin psblk id
<br />modes of se to the possum and )o the manner prescribed by applicable law. Truster. without
<br />demand one Borrower, shall will the Property its public auction to the highest bidder at the time and piece and under the
<br />terns designated to the notice of sale to one or moos parcels and to such order as Truster may determine. Trusts* may
<br />Postpone $ale of all or my parcel of the Property by public Smsoumcement at the time and place of any previously
<br />scheduled sale. Lender or lender's designee may purchase the Property at any sale.
<br />UP= rseMpt of Payment of the prier bid. Trustee shoi) deBver to the purchaa*► Trustee's deed conveying the
<br />P"nwM sold. The reef" to the Trustse's deed shall be prima facie evidence of the truth of the statements made
<br />tlrreis• Trustee shill apply the proceeds of the sale in time following order. iii to all reasoneMe costs and expenses of the
<br />sale, including, bat net limited to, Trustee's fees actually incurred of not more than ............ 1 °a of the groan We
<br />pries. rememabls atteroeys' fees and costs of tide evidence; b) to all sums secured by this Deed of Trust: and ter the or
<br />ctu, if Say, to the Persom or persons legally entitled thereto.
<br />l0. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed t
<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 try the earlier to occur of u) the fifth da) before the sale of the Propery
<br />pursuant to the power of safe contained to this Deed of Trust or vii) entry of a judgment entoremit this Derd ,it Trust .f
<br />(a) Borrower pays Lender all sums which would be then due under this Teed of Trust and the Vote had 'Itr a.rr?trats+ +n
<br />occurred. h) Borrower cures ail breaches =!f any - +ther covenants or agreements ,t Borr,wer :ontioned �n -his (red t
<br />Trust; to Borrower parrs all reasonable expenses .recurred by Lender and Trustee ;n rntontng the c;,enants and
<br />agreements of Borrower contained in this Decd ol'Trust and to enfincing Under s and Trusters s rrmedies as prosvair Ito
<br />paragraph I" hereof. ; ncluding. ` +ut not litntted to. — asunabie attorneys' !er„K. and A3 B.'rtx>wer rahcs astir acts +•n as
<br />Lender rnav reasonahiv roaquirr !o acsutr +F,r! +hr wri -t !ht1 Dred %t Trust I -rndrr S ntereSt n 'hr ,P- ;.Eter -1 yn,.
<br />Wirt—er s ohlegatwn Io pay the swrn, = ii r, d I,, thn (} rt
<br />- t a=f [rust x'. x ntrnt;r ifl -tnl a r -n ; +l� 'r•tr .t:r,t
<br />Cut, rev Rorrnwrr rhts t)rrr! -d ', i,t .,n;. ' -fir her h, :h.W �rnfain -•t r i .,l rlfr, z .as
<br />at�rkrra:+s;nnad �r:urrrv+
<br />
|