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85-008716 <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 Borower's interest in the Property. <br />12. Nodes. 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 <br />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 />Dad of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />13. Governing Law; Seveedtilky. The state and local laws applicable to this Deed <br />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 tit 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 stuns to the extent not prohibited by applicable law or <br />limited herein. <br />14. Doerewsr's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Taut at the <br />time of execution or after recordation hereof. <br />IS. 1Robabillistime Lone Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilita- <br />tion. improvement, repair or ether 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. Tianhr of an may. Asoshpsi n. _ If all or any part of the Property or an interest <br />therein is sold or transferred by Borrower without Lender's <br />prior written consent, <br />excluding (a) the creation of a lien or encumbrance subordinate to this Deed of <br />Trust. (b) the creation of a purchase money <br />security interest for household ii- <br />stools or (c) a transfer by devise, descent or by operation of law upon <br />A joint tenant, Lender any, at Lender's option, declare all the sumsaeccr =ed bq his <br />Deed of Trust <br />to be irmMdiatei due and playable. Lender shall have waived such <br />°�>.ow to accelerate if, prior � -the sale or transfer, Lender <br />and the person to <br />wi"^se the arty is to be A*id otr transferred reach agreement in writ' that the <br />t Plan m is - satisfaatory to Lender and that the interest <br />implacable on the <br />If Lender � n of Trust; shall be at such rate as Lender shall request. ouch option to accelerate, Lender shall mail Borrower notice of <br />acceleration in accordance with <br />paragraph 12 hereof. Such notice shall provide a <br />per'od of not less than 30 days from the date the notice is sailed or delivered <br />within which Borrower may the <br />pay sure declared due. If Borrowez fails to pax such <br />scsss iar to the expiration of such period, Lender say, without further notice or <br />deans on Borrower, invoke any remedies permitted by <br />paragraph 17 hereof. <br />Nov- UNIFORM CDVENANTS. Borrower and Lender further covenant and agree as follows: <br />., <br />17. Acceleration; Remedies. Except as provided in paragraph 16 bneef, open Borrower's breach of my t <br />err agteamost of Deevena hi this Dead of Trost, including Borrower's Where in pay, by the and of 10 calendar days <br />they ore den, ay suss ere— by this Dead of Trust, Leader <br />prier to accelendien shalt give notice to Borreuer in <br />previdd IN p- W, pb 12 him spseBjbM: (1) the breach; (2) the <br />action required to ewe such broach; (31 a dame, not <br />less does 20 days from the date the notice is mailed to Borrower, by which breach <br />such most be cared; and (4) riot <br />Whale M can nob breech on or before the date specielod in the modce say tvudt in accelwatba of then= socmod by <br />this Deed oCTrast and sale of the Property. The notice shall farther bps Barr ewer of the right to rehistaft dew <br />acederatios and the right is bring a coat action to mend the sene>rbtmm of a default or any ether defuse of Dorrewer <br />u aeaisemtiaa and side. If the bees cb t. not cared n or bafete the drhte spocl6uf the notice, Leader, at Loader <br />option, any declare on Of the gains second by this Deed of Trust to be y due and pay" without f <br />demand and any isvothe the pewar of ask and ray odor remedies permitted by applicable law. Lender shall be andded <br />i <br />to ee0ect all reeeeaOhle emb and eaps laownd i• petesdng the remedies provided In this parapap617, including, <br />but sat 0sdhd `o, romme is astormoys' firs. <br />M to pews of mb is hwalmi, Trta as stbidd record a setloe of dofmk in ewb eeanq k which the Property or some <br />part tbueef is lammed and d" sea copies of each notice IN the mmeaer proscribed by applicable law to Borrower and <br />to the either pow pesecolh by appdkable kw. After the lapin of such these in any be enquired by appliable kw, <br />Tru *n sba0 give public sstia of ink to the Penes sad IN the Manner prescribed by applicable kw. 7rvs , without <br />dammed an Dmewsr, AM and the Property at <br />public aeet at be the phut bddsr at the too and plan and under the <br />hems shollp aid In tie seta of sale is use or mere and IN <br />Iseosh such order m Tnwke may doursbee. Tresses any <br />P"iP o gds of AN or any psreal of the property by pub aeaooemwt at the time and place of say previoo* <br />seidmkd ode. Pwmder or Lmder's I ig any purchase the Property at any ode. <br />Upon apt of p i I of the price bald, Trustee shall deliver to the Truatee's <br />purchaser deed conveying the <br />properly cod- Ths reel= in the Truesse'a deed shall be prime facie evidnoe of the truth of the statonoats <br />Trustee <br />drool. made <br />shall apply the procwds of the side lathe fodowieg ord " (alto all reasonable <br />casts rod expire se d the <br />sale, hadedlo& but sat Yskd to, Treahe's feu actually bees cured of act more tbcs <br />............. of the gross sale <br />puke, eoeeouahie speeaofs tow ash rest; of rite eviineet (b) to all sums secured by this Deed Trust: <br />of and (c) the a- <br />ciess• B any, `o this Paeea at porooths kp0y entitled thorow. <br />1g. Bonmw's 1& to Aoiastate. Notwithstanding Lender's acceleration of the sums secured by this Deed <br />of <br />Trull, due to Borrower's branch, 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 (ii) <br />or 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 <br />acceleration <br />occurred, (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of <br />Tout; (c) Borrower Pays all reasonable expenses incurred by <br />Lender and Trustee in enforcing the covenants and <br />nts of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies <br />as provided in <br />paragraph 17 hereof, including, but not limited to. reasonable attorneys' fees; and (d) Borrower takes such action as <br />L.andtr may reasonably require to assure that the lien <br />of this Deed of Trust. Lender's interest in the Ptnperty and <br />Borrower's obligation to pa,Y the sums secured by this Deed of Trust shall continue unimpaired Upon <br />such payment and <br />cure by Borrower. this i)eed of Trust and the obligations secured hercby shall renwin m lull t,t<e <br />acceleratton had occurred. and effect as if no <br />R <br />