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-� 002000 <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 Decd <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 bender'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 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 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. Tratsderof the Property; Amumptios.: If all or any part of the Property or an interest <br />therein is sold or transferred ' <br />excludi by Borrower without Lenders prior written consent, <br />nq (a) the creation of a lien or encumbrance subordinate to this Deed of <br />Treat, (b) the creation of a purchase money security interest for household appli- <br />antes or (c) a transfer by devise, descent or by operation of law u <br />a joint tenant, Lender may, at Lender's option, declare all the sums �secu eddby this <br />Deed of Trust to be immediately 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 />whom 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 />sum 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 mailed or delivered <br />within which Borrower may pay the lugs 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 li hereof. <br />,NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <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 specifying; (1) the breach; (2) the action required to cote 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 cute such breach on or before the date specified in the notice may result in acceleration of the sums secured by <br />the Deed *(.Trust and We 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 assert the nonexistence of a default or any other defense of Borrower <br />to acceleration and sale. U 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 We and any other remedies permitted by applicable law. Lender shall be entitled <br />to collect aU moon" costs and expenses incurred In pursuing the remedies provided in this paragraph 17, including, <br />but not Mulled to, reasonable attorneys' fees. <br />U 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 />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 mv*ipt of payment of the price bid, Truster shall deliver to the purchaser 'T'rustee's deed conveying the <br />Property said. The recitals In the Trustee's deed shall be prima facie evidence of the truth of the statements made <br />therein, Tomtit shall apply the proceeds of the salt in the following order: fa) to all reasonable costs and expenses of the <br />sale, Including, but not limited to, Trustee's fees actually incurred of not more than ............. 90 of the gross sale <br />Price, reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the ex- <br />c"111, if any, to the person or persons legally entitled thereto. <br />18. Borrower's Right is iteiustate. Notwithstanding 1- erlder's acceleration cif the r:unis secured by this Deed of <br />('rust. clue to Borrower's breach, Borrower shall have the right to have anv proccedifigs bcguls he Lender to enforce this <br />Deed of must discontinued at any time prier ter the earlier to m-cur of to the fifth dtrc l_icftrre tire° %safe of the I'roperty <br />pursuant to the power of sale contained in this Deed of Trim or do cntre of ,a .iudgillelit craforr °in�r this C)c:r_cf of °Trust if: <br />tar Bctrrarwer pays Lender all sums which uaaulra be then clue uncicr this Deed M Trust anal tlic° ,'Vtitc is no ztt•c'cleratiult �� <br />currcd, tfr! 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