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<br />85-003,394
<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. Goveeal" yaw; SeverabiBty. 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 Feral 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. 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 not
<br />containing an option to purchase, Borrower shall cause to he 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, reasonably determines that Lender's
<br />security may he 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 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 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, my sus secured by this i)eed of Trust, Lender prior to acceieration shall give notice to Borrower as
<br />Provided in paragraph 12 bwe*f specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not
<br />lees 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 cam such breach on or before the date specified in the notice may result is acceleration of the sums secured by
<br />this Dead of Trust and sale of the Property. The notice shall further inform Borrower of the right to reinstate after
<br />accdstudent 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. If the breach Is not cured on or bef ore the date specified is 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. Leader shall be entitled
<br />is collect SIR Issues" casts and expenses Lacurred In Pursuing the remedies provided in tbls paragraph 17, including,
<br />but mot Busked to, reasonable attermeya' fees.
<br />If the power of ale Is huvokod, Trustee shall record a notice of default fa each county in which the Property or some
<br />Part thereof i treated and 9haB tmaB copies of each actin is the mmaer prescribed by applicable law to Borrower and
<br />to the other f"voous Prescribed by applicable law. After the lapse of such time as may be requited by applicable law,
<br />Trustee shall give PabYc under of ask to the persons and In the manner proscribed by applicable law. Trustee, without
<br />domramd on Borrow, shall sell the Property at public auction to the highest bidder at the time and piece and under the
<br />teas dmipued is the models of ask is one or mere Pared$ and In such order as Trustee may deterialne. Trustee mar
<br />P"si me ale of all or any Parcel of the Property by public t at the time and place of my Previous)
<br />adtadsiol ale. Lemler or tamtdae s desigaa soy Purchase the P y
<br />properly at any auk.
<br />UPan weesiPt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the
<br />Property 90111. The radials In the Trustee's deed shall be plans facie evidence of the truth of the statements made
<br />T aPP11y P of the sale in the following order: (a) to all rasoaable casts and expenses of the
<br />sale, iaeindho, bus ant United to. Trustee's fees actoally Incurred of not more than grow mile
<br />prive, rom omable ad0rasys' lees now cook of dde evldemm; (b) to all sums secured by this pad of Trust; anndd (ccI
<br />ass, if any, is the pnsw or peessus kgn* esdded thereto.
<br />IL BOerswer's Right N Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of
<br />Trust, due to Borrower's (mach, Borrower shall have the right to have any proceedings begun by Lender to enforce this
<br />Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the Property
<br />pursuant to the power of sale contained in this Deed of Trust or 00 entry of a judgment enforcing this Deed of Trust if:
<br />(a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration
<br />occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of
<br />Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and
<br />agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in
<br />paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as
<br />Lender may reasonably require to assure that the lien of this Deed of Trust. lender's interest in the Prolnrty and
<br />Borrower's obligation to pay the sums secured by this Deed ot" Trust shall continue unimpaired. Upon such payment and
<br />cure by Borrower, this M-ed of Trust and the obligations secured hereby shall remain in full torcc and cftect as it no
<br />acceleration had occurred.
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