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85--� .000883
<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 tnat 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 to be given in another manner, (a) any notice to
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<br />Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail
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<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; Severability. 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 ofthis 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 Loan 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 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. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an interest therein.
<br />excluding (a) the creation of a lien or encumbrance suborn irate to this Deed of Trust, lb) a transfer by devise, descent, or
<br />by operation of law upon the death of a joint tenant. or Ic! the grant of any leasehold interest of three years or less not
<br />containing an option to purchase. Borrower shall cause to be submitted information required by Lender to evaluate the
<br />transferee as it a new loan were being made to the transteree. Borrower will continue to be obligated under the Note and
<br />this Deed of Trust unless L -ender releases Borrower in writing.
<br />If Lender, on the basis of any information obtained regarding the transferee, reasonably determines that Lender's
<br />security may he impaired. or that there is an unacceptable likelihood of a breach of any covenant or agreement in this
<br />Deed 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. It Lender exercises such option to accelerate. Lender shall mail Borrower
<br />notice of acceleration in accordance with paragraph 13 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 due. if Borrower faits
<br />to pay such sums prior to the expiration of such period. Lender may, without lc -thcr notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph I' hereof.
<br />NON- U.%,iwRxi COVENAN I s Borrower and Lender further covenant and agree as ti,llows:
<br />17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant
<br />or agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of 10 calendar days after
<br />they are due, any sums secured by this Deed of Trust, Lender prior to acceleration shall give notice to Borrower as
<br />provided in paragraph 12 hereof speci(ying: (1) the breach; 121 the action required to cure such breach; (3) a date, not
<br />less than 20 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that
<br />failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by
<br />this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to reinstate after
<br />acceleration and the right to bring it court action to assert the nonexistence of a default or any other defense of Borrower
<br />to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's
<br />option, may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further
<br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled
<br />to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including,
<br />but not limited to, reasonable attorneys' fees.
<br />If the power of sale Is invoked, Trustee shall record a notice of default in each county in which the Property or some
<br />part :aereof is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and
<br />to the other persons prescribed by applicable law. After the lapse of such lime as may be required by applicable law,
<br />Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without
<br />demand on 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 sale in one or more parcels 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 Lender'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 shall 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: (a) to all reasonable casts and expenses of the
<br />sale, including, but not limited to, Trustee's fees actually incurred of not more than .. I .......... '!b of the gross sale
<br />price, reasonable attorneys' fees and costs of title evidence; (s) to all sums secured by this Deed of Trust; and 10 the ex-
<br />cess, If any, to the person or persons legally entitled thereto.
<br />18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration tit the sums sutured by tills heed „ t
<br />Trust, due to Borrower's breach. Borrower shall lime tine rlR;hr to hate any procecdnit s hcl tm by Lender to rnlorce this
<br />Deed of Trust discontinued at any (titre pro „r to the earlier t„ occur of Ii) the fltih da) before the sale oI the Properrt
<br />pursuant to the power nt sale conimncd to this Deed of Trust or lu), utr% of it judgment cnlurcing 1111% i)CCA1 of [rust If
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<br />(a) Borrower pays Lender all cull% r, filch would be then due under this Deed ill frost and the Note had nu a-cict.own
<br />uccurre,l: it)) Bonower cure% all brtachc% ill any other rl - tenants ur at;rcenlenls of Burrower contained ill Oils Deed of
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<br />frost, I(:) Bnrrowcr pads all reasonable expemes Inr.urt d by Lender .old Irustl.0 ut entortnlg the r,xen,ulls and
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<br />a rcements ut Borrower (milained in this Derd ill 1 rusl ;In,l In cnioncunr: I vildt'r\ and I luster's nrnu•dws :r, plmldt'd m
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<br />par,ogr flit 1” hurt „t. Includn,s,,. hu1 it.,( Intulcd ill rr. + %onahlc er),*rne,s l,rs end ill, 14or1„wrr ( "lee, .n,h mtwli .e.
<br />Idmder u1,,v rc.runehiv t"itilrc i„ -Null that the Ilan „t tins Dc"d ,•t I,u.l I cadge'. 1111,1,,1 nl Ih'. Nr,y,crI, and
<br />Borm"'.1 -ibligaU, +n l" p.nt IIt,- 'tally .,,unit ht Ihn I1 -d of I lusl •.hall c, ,,;iln u, unnnl,en r,I 1 I,un •u, It I,e,rtlr(il end
<br />l Inv h)' Ilofr,w <'r. Ihl. Ist',.',1 �,t Irll"t ,1I0 Ills' i,1•ll4;l00l Fl., - .1''md h,'1rhN '•1"01 1� n"illl In 1,111 11, j-1 ,'1lv, -t .1'• 11 n„
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