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Q6-- 104994 <br />n,.)t pers „naily 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 />_ D =ed 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. Notice. Except for any notice required under applicable law +o 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; Severablllty. 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. Rehabilitation Lam Agreement, Borrower shall fuifill 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 Gender's option; <br />may require Borrower to execute and deliver to Lender, to 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. Trader of the Property: Aaanmpioo. 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 appli- <br />ances or (c) a transfer by devise, descent or by operation of law upon the death of <br />;Joint tenant, Lender may, at Lender's option, declare all the sues secured by this <br />Deed of Trust to be immediately due and payable, Lender shall have waived such <br />option +A accelerate if, prior *_o the sale or transfer, Lender and the person to <br />whoa 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 />sums 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 11 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 any pay trat suds declared due. If Borrower fails to pay such <br />sums prior to the expiration of such period, Lender may, without further notice or <br />demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. <br />NON - UNIFORM COV"ANTS. Borrower and Lender further covenant and agree as follows: <br />17. Acceleration; Remedies, Except es provided is paragraph 16 hneot, open Bwmwer's breach of my covenant <br />or agreement of Bar - a In this Deed of Trust. including Borrower's failure to pay, by the end of 10 calendar days after <br />they are des, any seer secured by this Deed of Treat. Leader prim to acceleration shall give notice to Borrower as <br />provided In paragraph 12 hereof specifying: i1) the breach; i2) the action required to cure such breach. (3) a date, not <br />lama than 20 days firm tie date the notice is mailed to Harrower, by which such breach mast be cared; and 141 that <br />failure to can such breach on or before the date specified in the notice may result in acceleration of the seas second by <br />this Deed of.Trust and sale of the Property. The notice shall further inform Borrower of the tight to reinstate after <br />acceleration and the right to bring a court action to assert the nonexbteuce of a default or my other defense of Borrower <br />to acceleration and sale. if the breach is not cared o0 or before the dam specified in the notice, Leader, at Lender's <br />option, may glaciers all of the sums secured by this Deed of Treat to be immediately due and payable without furthr <br />deemed and may invoke tie power of sale and any other remedies permitted by applicable law. Lender shall be entitled <br />to collect all reasonable casts and expenses incurred in pursuing the remedies provided In this paragraph 17, Including, <br />but net Ilesftad to, reasonable attorneys' fees. <br />It the power of rile is Invoked, Trustee shall record a motive of default in each county in which the Property or some <br />Part thereof b located and shall mall copies of such notice to the manner prescribed by applicable law to Borrower and <br />to the other persons prescribed by applicable law. After the tapes of such time as may be required by applicable law, <br />Trustee shall give psblk modca of sale to the persons and in tie manner prescribed by applicable law. Trustee, without <br />demand as 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 safe in one or more patceh 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 any previously <br />scheduled sale. Lender or L tender'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 shaft be prima facie evidence of the truth of the statements made <br />therein. Trustee shall apply the proceeds of the sale in the following order: tai to ail reasonable costs and expenses of the <br />sale. including, but ant United ter, Trustee's fees actually incurred of not more than ........... . . % of the grose We <br />price, reasonable attorneys' fees and costs of tide evidence; Ibt to all sum secured by this Deed of Trust; and tct the ex- <br />cess. if any, to the person or persons legally entitled thereto. <br />16. Borrower's Right to Reinstate. Notwithstanding Linder s acceleration of the sums secured !,c this Deed :,r <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 w the earher to acur •:1 !t) the fifth day before the sale of the Proper, <br />pursuant to the power of sale contained in this Deed it Trust jr ,iii entr, of a judgment enforcing !his Creed of Trust it <br />1st Borrower pays Lender all sums which would he 'ern fur under his need if Trust and the Note had no icce!etattor` <br />txeurred. (b) Borrower .urns Ail breaches t env ther :osrnants or ,ikreernents .,I Borrower contained in this Deco <br />Trust; ici Borrower pat's all reasonable expenses inuried S, Lcndrr and Trustee ;r, crir,rcing the .o,enanls an.t <br />agreements of &yrrvwer o,watned in tea Derd ,,t Tn;sr -md n�- nh,fc,rsk Lcn,:et ) And ttu,tce s rcme,,ie..ts , ro,i,tcd m <br />paragraph !" htrtr:t, rn,iutltrg, of not tmitt4 ea + <,nahir ai+:irnrrs iris d' flOM,weer *ekes Its ^ eLTi gin as <br />l.r.mtrr may rrau,natils 'CT turrc .slsiir •':at "het '.,.. •t "his i.rr -,f .r Tr..ist l.­nt'rr ,nir.rest :n 'hr 1'rt,tx!rr. .tni± <br />i {i<rtriwer , rrtfgatnm U ir,r; Sr r •,u +t i , '! ?,t ; h r- .a j •q ' n ,i, ;r -ai�c ei : ,�.tirrit ,a,r ,,. h ,• v ut•� <br />-err bo iii ;rn :wet 'ins ltrrd _ „t x -I'ter t.i �ra..i,ns,r,;.itr,� �,rr� ". .}�i,- tr_a'n,,,i ri 'u11 3s .. <br />a+ clrt a' -..r; ?;ark .,ir•rct <br />