85-- 003268
<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 Leader'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; $ilivellabipty, 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. Rebabl[itati n 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. Treader 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 not
<br />containing an option to purchase, Borrower shall cause to be submitted information required by Lender 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, reasonable determines that Lender's
<br />security may be 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. 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 deliveredd 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 COVENANT,. 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 we 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 />low than 20 days from the date the notice is ensiled to Borrower, by which such breach must be cured; and (4) that
<br />failure to cum such breach on or before the date specified in the notice may result in acceleration of the suers 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 />60 acce ration and sake. If the breach Is not cured on or before the date specified in the notice, Lender, at leader's
<br />oPties, may declare all of the sums secured by this Deed of Trust to be immediately duce and payable without further
<br />demand and may Invoke the Pow of sale and any other remedies permitted by applicable law. Leader shall be entitled
<br />to co&wt all costs rod expeasa Incurred in pursuing the
<br />but not to, reason hle attorneys' fees. P ng remedies provided is this paragraph 17, including,
<br />U He Power of ask is invoked, Trustee shall record a notice of default in each county in which the Property or some
<br />P� dwreof is bated and shall nail cai" of such notice in the manner
<br />ate crises pasoas prescribed by applicable law to Borrower and
<br />by applicable law. After the lapse of such time as may be required by applicable law,
<br />Trustee "give Puthilic notice of sale to the persons and in the manner prescribed b
<br />ds0eari oa 8orrowor, shrdl the property u pnlrilc anctba to the y applicable law. Trustee, without
<br />/otras b the aotioe of sale b ore or move �� bidder at rise time and place and under the
<br />Postpone sale a Parcels and in such order as Trustee may determine. Trustee may
<br />ANY parcel of the Property by public announcement at the tine and
<br />aehedmkd sale. Lender or Loader's designee may P�� the Place of any previously
<br />UP" ree�et of Purarant of the Property at any sale.
<br />prior bid, Trustee shall deliver to the Purchaser Trustee's deed conveying the
<br />h sold. lire recitals b the Tutee's deal shall be
<br />. Tee � prima fork er�ce of the truth of the statements erode
<br />'� the Of the sale in the following order: (a) to all reasonable costs and expenses of the
<br />sale' , but sot limited N, Trustee's fen actually incurred of not more than ... .
<br />Pte, remonable attaraeys' fees and costs of tide evidence ... d of Trust; of the gross sale
<br />es"' If my,' the t Ib) a all saace secured f y risk 11+ecd of Trust; amt (c) the ex. or P b entitled Hereto.
<br />1& Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of
<br />Trust, due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this
<br />of Trust discontinued at any time prior to the earlier to occur of (i) the fifth clay before the sale of the Property
<br />Pursuant to the power of sale contained in this keel of "Trust or tit) entre of a judgment enITOrcing this Iae^eof of Trust if.
<br />(a) Horror Mrs, Lender all sums which would be then due under this I�c-d of Trust and the Note had no ol-'F u%t in
<br />oe urre1; (b,) BOrtower cures all bre hen of any other covenants or agreement-, of Horrower contained in this hied of
<br />'crust; (c) Borrower pays all reasonable rxpenws incurred by Lender and 'Trustee in enforcing the co %enarrts anti
<br />' rec uetnts of Borrowrr c�ontatned in this Deed oaf `Trus-t and in enforcing Lender's and 'I rustee's rcniediea ate provided in
<br />Paragraph 17 herr"f. including. but not 11m.11trA to, reasonable attorneys' free; acrd Icf1 Barre,wer takes such «titira.n cs
<br />Lef r may rca,%onafaty require t+) Assure that the lien «f' this i rc s,
<br />H .s t f trust, l.cncter',, araic!rc•st in (fre° f'rslxrt+ and
<br />wcrr tam tr, l the surrrs a urcc! by this Deed cif, I rust shalt cominu *r tit)Impairt-ki t lieu titre. to tr:,�ra :cart rend
<br />core ter l a erwer. this I� ,Rf Trust anal 11W obligations %rcurcd hrrvhi shall rcnn am inn ?Wl tor, asr4t ,fibs 1 as It no
<br />y491`41e0 € ad Cx, -uat 1.
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