g&--v 105402
<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 Tturt or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Dead
<br />of Twat as to that Borrower's interest in the Property.
<br />13. Nodes. 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 [gender
<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 />Dead of Trust shall be deemed to have been given to Borrower or Leader when given in the manner designated heroin.
<br />13. Governing Law; SevesaWUty. The state and local laws applicable to this Dad 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. Borrowers 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. Roi Los Agreasen," 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 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. Thomfor et the rtngenr, AMum* ins- :_ 1f all or any part of the Property or an interest
<br />therein is sold or transferred by Borrower without Lender's pr or 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 sonny 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. Lac moiy alder's option, declare all the sums secured by this
<br />Deed of Trust -to °4tie - fairtdiatoily, due and payable. Lender shall have waived such
<br />option to accelerate prior, to the sale or transfer, Lender and the person to
<br />whom the Property = be sold or transferred reach agreement in writing that the
<br />credit of sudb persotn TM -is satisfactory to Lander and that the interest Payable on
<br />sues 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 less than 30 days from, the date the notice is nailed or delivered
<br />within which Borrower my pay the sago declared due. If Borrower fails to paX such
<br />sums prior to the expiration of such period, Lender may, without further not3cs or
<br />demand on Borrower, invoke any retiediss permitted by paragraph 17 hereof.
<br />Now- Umir -oRM CovEwartT& Borrower and Lender further covenant and agree as follows:
<br />17. Acodeeatlew Roma". Enept as provided In paragraph 16 hereof, upon Bonsw6fh brosei of say covenant
<br />or tW eomamt of Borrower la this Deed of Trust, Including BoeeswK's faihwe to pay, by the end of 10 ealmdar days after
<br />dwy are dine, any sttots secured by this Deed of Trust, Leader prior to acceleration shsU give ratios to Boenuw as
<br />provided in psragrapb 12 beeerf specifying: (1) the breach; (2) the sedos required to care snob beescht (3) a does, not
<br />less bias 20 days trust tie data the notice is mailed to Borrower, by which suet brad mast be card; and (4) tint
<br />f dbwe to cse+s seek bessA ou or before the date specified In tbo notice anal result is accelsradee of the :toms second by
<br />this Deed eETrust and sale of the Property. The notes sbaU furtber inform Bar ewar of the right to reinstate after
<br />acoderatim and the right to bring a court action to assert the nonexistence of a ddiauit or say other defense of Borrower
<br />to accdeeatied and sale. U the breach is not cared Go or before the date spec.fied in the notice, Lander, at Lender's
<br />option, may declare all of the suss secured by this Deed of Trust to be Gaeedistely duo and payable without farther
<br />domt d and stay fancies the power of sale and any otbor ronted0 - - pauritsed by applicable law. Leader shell be entitled
<br />to coned an reasonable reefs and espeases incurred in pursuing de rsedles provided In tlds paralgrapb 17, including,
<br />but not limited ed W 1F - wonebk att erneys' fees.
<br />If the power of saes is invoiced, Troop shall record a nodes of defeek in emeb county In which the Property or saaae
<br />part daereof is oersted and sbaU mod copies of such notice in the stadder prescribed by sWicabie law to Borrowee and
<br />to cis other poesens prescribed by applicable law. After the lapse of such base as may be required by applicable law,
<br />Trustee shalt give pubic notice of sale to the persons and In the i s inner prescribed by applicable law. Trustee, witbeut
<br />demand on Barowar, clan sell de Property at public auction to the byieet bidder at the lions and plan and under the
<br />t+srr dedgmesd In tie goofs of sale IN one or mere parcels and in sueb order as Trustee may detatmine. Trustee may
<br />p"Vede sale of an or away parcel of the Property by public t at the tints and place of any previously
<br />schdiulei mss. Lander at Lender% designee any purchase the Property at any sak.
<br />Upon mcgipt of payment of the price bid, Truces shah deliver to the purchaser Trustee's deed conveying the
<br />Property soW. The recitals is the Trustee's deed shall be prima facie evidence of the truth of the stateasedte ands
<br />therels. Truase shad q*7 the proeaods of the sale is the following orders (a) to an reasonable costs and expenses of the
<br />sale, irdudBng, but sot limited to. Trustee's fees actually incurred of not mere than ............. % of the gross sale
<br />price, reasonable atual"s' fees and costs of title evidence; (b) to an sumo secured by this Deed of Trust; and (c) the es-
<br />coss. if any, se die perms or Perseam lepdb' eadded thereto.
<br />iL 9eeowar's Right to Reitnte". 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 />Dead of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the Property
<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 />(a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration
<br />L.—. 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 lender's and Trustee's remedies as provided in
<br />paragraph 17 hereof. including, but not limited to, reasonable attorneys' fees, and (d) Borrower takes such action as
<br />Lander may reasonably require to assure that the lien of this Deed of Trust. Gender's interest in the Pmpertyr and
<br />Borrower's obligation to pay the sums secured by this [weld of `Trust shall continue. unimpaired. Ulmn such payment ;arid
<br />cure by borrower, this [led of "trust and the obligations secured hereby shall remain in full farce and effect as if no
<br />"Tel,etAtion had t,vcurrcd.
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