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r <br />85-002803 V61DM;W <br />not personally liable on the Note or under this Deed of Trust, and (e) 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 anci without releasing that Borrower or nuadifying this Deed <br />of Trust as to that Borrower's interest in the Property. <br />12. Notice. Except for any notice required tinder 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 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 />contlicting 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 Harm 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. !f Borrower Sells or transters all or any part of the Property or an interest therein, <br />excluding (a) the creation of a lien or encumbrance subordinate to this Lked 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 .,t any leasehold interest of three years or less not <br />containing an option to purchase. Borrower shall cause to he subl"Mcd informationa required by Lender to evaluate the <br />transferee as if a new loan were being made to the transferee. Borrower will continue to he ohligateci under the Note and <br />this Deed of Frust 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 oit 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 I1eed <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 trailed 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 pericxi. Lender may. without further notice or demand on Borrower. <br />invoke any remedies permitted by paragraph 17 hereof. <br />NoN- _NlFoRm CovttN,AN is. Borrower and Lender further covenant and agree as f011ow's: <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 dais 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 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 />to acceleration and sale. It' 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 casts 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 thereof is located and shall mail copies of such notice in the manner prescribed by applicable law r Borrower and <br />to the other persons prescribed by applicable law. After the lapse of such time as may he required by applicable law, <br />Trustee shall give public notim 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 (if sale in one or more parcels and in such order as Trustee may determ <br />postpone sale of all or any parcel of the Property by public announcement at the t ne. Trustee may <br />ime and place i any previously <br />scheduled sale. Lender or Lender's designee may purchase the Property at any sale. <br />Upon receipt %If paymwnt of the price bid, Trustee shall deliver to the purchaser T'rustee'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 costs and expenses of the <br />sale, including, but not limited to, -Trustee's fees actually incurred of not more than .. . <br />price, reasonable attorneys' fees and costs of title evidence; ib) to all sums see,+red by this Decd of `Trust;,and (c) (hesex. <br />e , if any, to the person or persons legally entitled thereto. <br />tf3, Borrower's Right to Reinstate. tiutuithst.:n(iittp; J.cncicr's acceicratton ,)i the runts secured I +y (his 1?ored d,f <br />_rust, flue to li4.arr'owo °r s hrcaola, liorr"er shit" fla` the "gilt 10 heave any prot :cedlings begun h} Lo'nder td, e•nlolvc• this <br />_ cef ,a( Trus! discontinued at .crab tine° l r1,zr to tho• t,arber to <C(Alr ill li) the Fifth da; 11001t. the "alt, (if Ow Pro!t•rty <br />pursuant to the: fniwca' eaf calf e, >rat,ained In iSil`� 1)c>e4l nt J rust or till enll' ()I a j id,gment cnfoicutg this Itl�c,i t,f l runt It: <br />(a) Bc.lrral er pays I e, ttdo'lt a4l iI1N1ts edf.Itch �Ac .Idid hog then dilt finder 011" Herd t,t I rust midi the Notc 11,1d 86u .Icrcfetal;till <br />e�.•o-atrrt °d : li?) t9tarvsswet t urns gall teat °ae.tia�s t •ant „iht•r d,lvcn�snt�. ,ir 1 reciiient� , <br />lroest; 1�9 fltrrt'otaer 1p,tyt, .IIf rt'dbc,laal ?1e ,.•�t„•16.,,_., tatrrci h� I_cnator .iaaei 1t'ustlal4tdt�t�ttma�nf 1<1utt;tltPic, e�si,eoltihiitist�tnti <br />rt'c`i3iCtit t f 1PE`ta'.46`I €"Ill allit`il m till,, I)V(d Iet l ltltit 'ind IN t'ittol'klnd! l clillcl 4'Ind 1171oo, , kellit'dit -, IN plo%ldvdl I') <br />lYa9t- a�9 "rA101k l htY',nt, iFtr'1kJtfi!l�l, �,dat P'e,i ltSnite §I 't' Fe,•Fa'� „n :19i1t' .ilt„Yiii'b ". 1t't'Z ,!na.l till !1(,8y(114C€ iAt", ,46.1t ,!a'.100 X” <br />1 Yl <br />J6 �'talgta iii i, dc.'!a >Ilodv >l -, I¢,�eilDi {," ?., ,3h tltC !! , 1 <br />tY 111t i .,l ,P76, ►.ell t Prti,r t <br />ltsalt,r .s: ! tt ,St,�ol t ,.y'. fill < StiEc a 'llic 6 ,i , ?i fir.- ! >,,..,.,q.Ile .asl,l <br />. l .fail i', a ',l P. �: t`i19\ J)r's'..t is ' I <br />tsaa Uecd Ull ,lMd t9 , .0. fkj;tal „r!.. <br />,'III <br />r1tck <br />