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85-. <br />001027 <br />not personally liable on the Note or under this Decd of Trust, and (cl agrees that Lender and any other orrower <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 />'Deed <br />Borrower provided for in this 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 designale 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 Lander 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 lked of Trust or the Note which can be given effect without the <br />conflicting provision. and to this end the provisions of this Decd of Trust and tire. 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 contormed 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 pr other loan agreement u hich Borrower enter, into with lender. Lander, 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 nia% have aCainst parties who supply labor, materials or services in connection with <br />improvements made to the Property. <br />16. Transfer of the Property. it Borrower sells or transfers all Ill- any part of the Property or an interest therein. <br />excluding tat the creation of a lien or encumbrance suhr.rdinatc to this Ikcd of Trust. (b) it transfer by devise. descent. or <br />by operation of law upon the death of a joint tenant. or tcl the grant elf any leasehold interest of three vears or less not <br />containing an option to purchase, Burrower shall cause to he submitted information required by Lender to c%aluatc the <br />transferee as it a new loan "ere heing made to tilt- transferee. Burrower will continue to he obligated under the Note anti <br />this Deed lit Trust unless Lender releases Borrower in %riling <br />If lender. on the basis of any information obtained regarding the transteree. reasonably deternnncs that Lender's <br />sccurlty may tic impaired, or that there is an unacceptable hkehhood of a hrcach of anv covenant or agreement in this <br />Deed of Trust. or if the required information is nut suhntittrd. Lender may declare all of the sums ,ecurcd by this Ieed <br />of trust to tic immediately due and payabic If [Antler t•vcrci%e, such :tplion io accelerate. Lender shall coati B.lrrl,tser <br />nonce It acce'lcra non in acl"Hatict• xith parahmiph 12 hereol. Such n1111 \<' shall pre" Idc .f p:'rllkf -,i not less ill.m 1a1 hill', <br />tram the dare the notice is mailed -?r tlelivervd u ithln lchlcl: Born)"er rna, pay flit• cunt+ tle'clared due L' Horro "er tails <br />to pay such sums prior It the expiration of such i)erlld. I.t•rhlef may. "u11,>ut :itrth.r 11"11C •,r ;Demand "I <br />invoke any rcvnedtes liernnitcd b1 par.l% aph I - 1:creut. <br />"os.'t.- Nljoklsi Cod I N I,%i 5 Hone., "cr and D.endrr lurthcl co,en.mt .1111 eercc a, loll,ms. <br />17. Acceleration; Remedies. Except av 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, Ity the end of 10 calendar days after <br />they are due, am sums secured by this Deed of Trust. Lender prior to acceleration shall give notice to Borrower as <br />provided in paragraph 12 hereof specifying: lib the breach; 12t the action required to cure such breach; 01 a date, not <br />less than 20 days from the dale the notice is mailed to Borrower. by which such breach must he cured: and 14f that <br />failure to cure such breach on or before the dale spec Hied in the notice may result in acceleration of the sums secured by <br />this bred of Trust and safe 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 nonesistenc•e of a default or ant other defense of Borrower <br />to acceleration and sale. If the breach is not cured on or before the date specified In the notice, lender, at Lender's <br />option. masecured y declare all of the sums s by this feed 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 costa and expenses incurred In pursuing the remedies prov ided 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 coples of such notice in the manner prescribtd by applicable law to Borrower and <br />to the other persons prescribed by applicable Iaw. After the lapse of such time as may be required by applicable law, <br />Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable Iaw. 7 rustee, without <br />detwand on Borrower. shall sell the Property at public auction to the highest bidder at the time and place and under the <br />terns designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may <br />postpone sale of all or ant parcel of the Property by public announcemcnl at the time and place of any previously <br />scheduled sale. Leader or lender's dttsbanee may purchase the Property at any %air. <br />Upon receipt of payment of the price bid. Trustee shall deliver to the purchaser Truster's deed conveying the <br />Property sold. The recitals in the 'Trustee's deed shall be prima facie evidence of the truth al' the statements made <br />therein. Trustee shall apply the proceeds of the yak in the following order: Lai to all reasonable costs and expenses of the <br />oak, lachrditgf. but not limited to. Trustee's fees actually Incurred of not more than ............. "I) of the gross sale <br />price, ressom" attorneys' fees and culsts of tide evidence; Ibl to all sums secured by this Deed of Trust; and lei the ey - <br />nor, it any, to the peen or persons legally entitled thereto. <br />18. Borrower's Right to ReMstate. Ncltwillwanding Lender's acceleranon id the Burns secured by tilts Deed +,t <br />Trust. ]or to Borrower's breach, Horrower shall have tht- right it, have uny pre +cerdmgs br4un I•% I endt•r 0, enlur;e this <br />I)ecd of 'trust discontinued at any time• pril,r to the earftet tr, „t•cut of Ili the 61111 day before the sate :d ill('I'rolx rt, <br />pursuant t., the Iw)wer of cab• ,... flatilol in Illls Ikcd act Innt of 'it' entry of a tudc,mrnt etltorrtng tilts thed of host tl <br />he disc this Dec,l of I rust and the Yoh' had n-, - 1— vier'afl-11 <br />` <br />lei Hottowcr f.ay5 Lender all %Lien% whlsll would then under <br />a.urrr.tf: 00 Butrr. "er cures all Wreathes of an) .uhvr l nenant, nr egrertnents..I ff<,rroucr ennt,oncd in this [hest',l <br />rs. <br />bust. k 1 H, +rrn"cr pays .all fcammahie exp,rn,es u„urrc l t,y :ender :old l ru.tre lac cnh,rttnl, the e1"I'll lrlls .ill,! <br />, <br />,)Rrerowr1tl ill ilorri;Acr ctmialflt'd In Ohl, 1)ved c't I ttl,t .Ind Ill 1•llf,li 1116: 1 cilder , and I r :l,tet' , t!•llle!fit, ,i, ptl`t [dell Ill <br />I'AI"gr,sI,It I' I't'reot. 1li,Iu,Istl), 1. ill nc`I 11111ItI,I t1,, i. "I:,. :I,10i,., ,Ith'IIIt,i il'l's .ttl,l '.i' H"ll—k"I t.li,l' "I'll <br />1 t'Sl +let rn J'e re,d', %r: ai,t} r,'ilo l It 1i� ,I,N I) I,: fII.lI IIll ;Ito o till'. I, ,t! . , I: io 1 F. i•': 111t1— '.I m 111' I't•`l,e,,\ .11111 <br />fS,.f.,,wtr t;l ,,. ,a; Ic• pan Jilt'w", ,!lit. +l h, lhl'. I brd „t l fw,f <br />;ltd.: fS<r +.• -,, ..f thro it. nil +f if,lo sect the •�hllp!e'ryr. .. . :it, ,,•1... •n 1. ,. r, u,. .. Inii I .. : :1 ,.1I!;1 ,, . r.. <br />