9
<br />U .J- UU415?5 i
<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; $evembility. 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' tees" 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 subordinate to this Deed of Trust. (b) a transfer by devise, descent, 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 less riot
<br />containing an option to purchase. Borrower shall cause to be submitted information required by Lcndcr to evaluate the
<br />transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and
<br />this Deed of Trust unless Lender 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 be impaired, or that there is an unacceptable likelihood of a breach of any covcnanl or agreement in this
<br />Deed of Trust. or if the required information is not submitted. Lender may declare all of the sun% 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 due. if Borrower fails
<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 tolitlws:
<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 dux, any sues 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 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 a court action to assert the nonexistence of a default or any other defense of Borrower
<br />te 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 />10 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 />Put 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 aPPlkable law. After the lapse of such time as may be required by applicable law.
<br />Truster shall give Public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without
<br />demand on Borrower, shall set) the Property at public auction to the highest bidder at the time and place and under the
<br />terms designated is the huller of sale is one or more parcels and in such order as Trustee may determine. Trustee may
<br />Pns40009 sale of all or any Pared of the Property by public announcement at the time and place of any previously
<br />scheduled sak. Lender or Lender's designee may purchase the Property at any sale.
<br />UPON ftctIPt of Payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the
<br />Property sold. The red" in the Trustee's deed shall be prima facie evidence of the truth of the statements made
<br />therehs. Trustee shall! apply the proceeds of the sale In the following orders (a) to all reasonable costs and expenses of the
<br />sale, Including. but not limited to, Trustee's fees actually incurred of not more than ............... of the gross sale
<br />. reasaaable attorneys' fses and coals of title erldethte; (b) to all sums secured by this Deed dl' Trust; and (c) the ex-
<br />price. If any, N the person or Persons legally entitled thereto.
<br />18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the runts secured by this Lewd of
<br />Trust, due it) Borrower's breach. Borrower shall have the fight it) have :arav pro vecklings hegull by I ruder to c'ntolrce Ihts
<br />Deed of frusi discontinued all any time prior to the earlier ill tccur of (i) the fifth day h0ore the sale of the Property
<br />pursuant to the p olvcr of sale contained in (his Deed of Trust or (ill entry of a judgult-nt cnlnrcing this Deed of Lrust it
<br />(a) Borrower pays I..rnder all stuns which would he then due under This lkcd nf'frust and the Notes had no acceleration
<br />x'currecl; tbl Borrower a,:urc ^a all breacfees o1 any other covenants or ;agreenxvin of llorrowel contained in this Deed of
<br />]'rust; Ict Borrower pays all reasonable t•spenses lncarrcd 1)y Lcndcr :end lrustt:c nl C1110t ing the c'osenanis ;and
<br />ila,*r6'Ci7)6'r9tG o1 llorruwer containt'A in this Deed t,1 frusl and rn cnlorong I ruder'% anti I rustt•c'. renredles as proridcd m
<br />patagraph i" hercot. Including• but rrol litniteel to. rcasonahlr utivrnt ^a' Ices, and td! 13on suer rulers such action .n
<br />I�nxlcr may reasonahlq n-«4uare to aswunz tha! the hen nl ;hr% Urcd ,I hunt I, nfor . vurac,l m the S'rt,perh »a,l
<br />tlt.rra, ter s ol)Itgalinn lac,, ay tl)r sums sccunral I)' If- lkcul 111 I rust •,hall c =�ntuaur .u,,p�4 ('lsm .,11,11 p)•tvntrnt ;raid
<br />r. acre by itarrrt,wer, eats iL.;d ;>) bust uill 114" nbhgallow. scarred hcl: h, .half r.rana,n in full Lnrc .,nil a ltrii IN it no
<br />acec.lrr.alax,rt hat! rrccur'rol
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