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r <br />85-- 000083 <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. Notice. Except for any notice requital 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 co tWlod red <br />addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice <br />are provided herein, and (b) any notice to Lender shall be given by certified mail to Leer's address staied er,"Vis <br />such other address as Lender may designate by notice to Borrower as provided heatvin. Any notice provided for in } <br />Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the mottna designated bisevis.- <br />13. Governing Law; . The state and focal laws applicable to this Dated of Trust shall be *a lkmi4thierl <br />jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Faderat fMr'ist► <br />this Deed of Trust. In the event that any provision or clause of this Dead of Trust or the Nate conflicts with. <br />sph <br />law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be the <br />conflicting provision, and to this end the provisions of this Dad of Trust and the Note are declared to bee' Wfnzw 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. Boerowroe'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. Rebabillisidim Lorin Agreement. Borrower shall fulfill all of Borrower's obligations under any home <br />tron, improvement, repair or other loan agreement which Borrower enters into with Lender. Leader, at Lendees I option, <br />may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any <br />claims or defenses which Borrower may have against parties who supply labor, materials or services in connection w <br />improvements made to the Property. <br />16. Tracer of the Property. If Borrower sells or transfers all or any part of the Property or an interest <br />excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) a transfer by devise, descant, or <br />by operation of law upon the death of a joint tenant. or (c) the grant of any leasehold interest of three years or lea not <br />containing an option to purchase, Borrower shall cause to be submitted information required by Leader to evaluaffws the <br />transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the Nate and <br />this Deed of Trust unless Lender releases Borrower in writing. <br />security may be impaired, or that there is an unacceptable likelihood of a breach of any covenant or agreement in this <br />Dad of Trust, or if the required information is not submitted. Lender may declare all of the sums secured by this Deed <br />of Trust to be immediately due and payable. If lender exercises such option to accelerate, lender shall mail Borrower <br />notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days <br />from the date the notice is mailed or delivered within which Borrower may pay the sums declared dux. If Borrower Wls <br />to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, <br />invoke any remedies permitted by paragraph 17 hereof. <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Accelerations Remedies. Except n provided In paragraph 16 bereo, uqw Bers wer's breach of any constant <br />or ageosmat of Borrower Is this Deed of Trent, Including Borrowor'o Whore M pay, by the and of 10 pie mbar deep after <br />airy we due, my sow secured by this Deed of Trot, Lender prior to aceduadm III" give notice to Ba rmmr n <br />provided in paragraph 12 base[ specifying: (1) the branch; (2) the action required to cue such breach; (3) a dote, net <br />less than 26 days from the date the notice is mailed to Borrower, by which such beach must be cured; and NI dot <br />Where to we such breach on or before the data specified he the notice may rem In acederadon of the sums aecued by <br />this Deed of Trust ,red sale of the Property. The notice shall further Worse Be r"Mor o the right to re�e after <br />accaakradow and the right to bra a coot action to amen the nonexistence ef s default army other defissee of Btwrower <br />to acceleration and sale. If the breach b tot curd on or before the dam specified In the notice, Lender, at Lender's <br />option. may declare all of the sows secured by tbs Decd of Trust to be lmmmedbWob due and payable without further <br />demand and may books the power of sale and my other remedies permitted by applicable law. Lander shall be stifled <br />to collect all rimseemblar eases and expenses Incurred In pursuing the remedies provided he title paraaeg fi l 17, loclodbeg, <br />but cot limited b, eormomble attoraeys' few. <br />N the power of sa b b bvokod, Ttao se sbadl record a notice of defasult b ach la which the Propwly or saw <br />part Ebsroo is located and shelf mat coples of such notice he die manner prescribed by applicable law to Borrower and <br />to the other ps>rsoae preserbed by applicable law. After the lapse of such thus as way be required by applicable law, <br />Trustee "give pie notice of sale to the person and In the manner proscribed by applicable law. Trustee. without <br />demand on Borrow. swill sell the Property at public auction to the MOM bidder at the these and place and under the <br />tern dedpased In the notice d sale In one or mated parcels and In such order n Trustee my determine. Trustee may <br />postpone sale of all or my parer) of the Property by public ammuncoment at the there and place of any previously <br />schadided sale. Lewdor or leader's d@Wgnft my purchase the Property at any sale. <br />Upon receipt of payment of the pries bid, Trustee shall deliver to the purchaser Trustee's dead conveying the <br />FroPertY sold. The recitals In the Trustee's deed shall be prima tuck evidence of the truth of the statements Lunde <br />TrwNee shall apply the Promeh, Of the sale In the fallowing orders (al to all cast and expenses of the <br />sale, Including, but net Waited to, Trustee's fen actually Incurred of not mere slum % of the gran sale <br />price, reasonable afton"* few and costs of title evidence; (b) to all sum secured by ebb Deed of Trust; and (e) the ex. <br />ease, 9 any, he the person or persons legally entitled threats. <br />18. 's Right N Reinstate. Notwithstanding Lender's acceleration of the sums %ccurcd by this Deed of <br />Trust, due to Borrower's breach, Borrower shall have the right to have any proceedings begun by [tinder to enforce this <br />Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before the We of the Property <br />pursuant to the power of sale contained in this Decd of Trust or till entry of a judgment enforcing this Deed of Trust if: <br />la} Borrower pays Lender all sums which would be then due ender this feed of Trust and the Note had no acceleration <br />accurraal: (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this 1ecd of <br />'crust: (c) Boarower pays all reasonable expenses incurred by lender and Trustee in enforcing the covenant% and <br />agreements of Borrower contained in this [prod of Trust and in enforcing lender's and Trustee's remedies as provulLd in <br />paragraph 17 hereof, including, but not limited to, reasonable ratt(irncys' secs; and Id) Borrower takes cosh action as <br />Lender may reasonably require to assure that the lien of this deed of fru%t. lender's ;merest in the Ilroperh and <br />Ha rrowcr'% oabligaticna for pay the sums secured by this Deed mf frusa shall continue unimpaired I Ilion such p.a%nient and <br />cure by Borrower. this 11ircd 'If Trust and the obligation% secured hereby shall remam in lull farce end otic:t .es d r,,, <br />as celcraei 9rr had incurred. <br />