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85-.001934
<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 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; 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 lav 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 severabl
<br />limited herein. nt e. As
<br />used herein. "costs", "expenses" and "attorneys' fees" include all sums to the exte not prohibited by applicable law or
<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. Yonder of the Property; Aswmpytoa, . If all or any part of the Proterty 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 a 2i-
<br />ances or (c) a transfer by devise, descent or by operation of law upon the lea pp of
<br />joint tenant, Lender slay, at Lend .1 option, declare all the sums secured by this
<br />Deed of Trust to be immediate due and payable. Lender shall have waived such
<br />option to accelerate if, prior to the sale or transfer, Lender and the person to
<br />whole 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 b
<br />al1Aa secured by this Deed of Trust shall be at such rate as L pays Is on the
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of
<br />acceleration in accordance with ender shall request.
<br />Period of not less than 30 daysp from paragraph ldate rthe� notice is notice mailed or provide
<br />within which Borrower may pay tthhe sut¢a declared due. If Borrower fails to pay such
<br />sums
<br />d prior to the expiration of such period, Lender may, without further notice or
<br />emand on Borrower, invoke any remedies permitted by paragraph 17 hereof.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />17. Acceleration; Remedies, Except as provided In paragraph 15 hereof, upon Borrower's breach of gay covenant
<br />or agreement of Borrower in this Dad of Trust, including Borrower's failure to pay, by the end of 10 calendar days after
<br />they gee due, any sums secured by this Dad of Trust, Lender prior to acceleration shall give notice to Borrower as
<br />provided in paragraph 12 hereof speelfyingt (1) The breach; (21 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 14) 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 Dad 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 a court action to asfert 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 Oct limited to, reasonable attorneys' fen.
<br />It the power of sale is invoked, Trustee shall record a notice of default In each county in which the Property or some
<br />Part thereof 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 time as may be required by applicable law,
<br />Trust" 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 pface of any preriottsly
<br />scheduled attic• 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: (alto all reasonable cuts and expenses of the
<br />sale, including, but not United to, Trustee's fees actually incurred of not more than
<br />Price- reasonable attorneys' fen and costs of title evidence; (b) to all yarns secured 6y this Decd of Trust; and Igross he ale
<br />cess, if any, to the person or persons legally entitled thereto.
<br />18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of cite ~urns secured by tills Deed of
<br />crust, due to Bortower's broach, Borrower shall have the rsy;ht to have any proccedtnKs hebun by Lender to enlbrcc this
<br />Deed of (rust discontinued at any time prtnr ro the earlier to occur ,Ft lit the fifth alas hchrrc the sole of the Property
<br />Pursuant to the power of sale cont' al in tilts llred of trust or 60 entry ul a Iu fah ddr hetorirtil Ihts heed of Trust if`
<br />tea) Harrower pays bender all scans Much could he then Jac under thk heed I 'trust emi the Vutc hat; ncr .urceleratlon
<br />x•currelet tb) Borrower Ys All all breaches nl any other ct.tvenartts or agreements Ut Itornttrer contained in Iles Decd of
<br />lrtesl: Is'1 Harrower pays all reasonable ralicnses incurred by I.rruter anJ trust €e :n nliunnu the covenants and
<br />agreements of Borrower contautecl rot tills Ure(I nl 7 nist and in rnli,rtnng t ill U •ins! 1 * i,nl,i resncJtrs os provided In
<br />Fragraph I' hereof. includwg, +,ut w( hmitc(i In reasooat'It• auornevs fees. ,inJ al! Rttrnttvcr r,i es siFrh action as
<br />!E.uJrr tuay CAI,nF)AhIv reiIFire �n i .ire Ihat ht !ion ..f :his Ural �f Inrv. f cn„rt intrie,f •i rh, WCh dCf1 1 a
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