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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. <br />