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r <br />85_.00447J. <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. Gererning Law; SeverabiNty. 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 Truest 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, "cats ", "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 />I5. Rehabilitalbn 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 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. reasonably 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 ) 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 />NONUNIFORM 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 doe, any slums secured by this Deed of Trust, Lender prior to acceleration shall give notice to Borrower as <br />provided In paragraph 12 hereof specifying: I I ) the breach; 121 the action required to cure such breach; (3) a date, not <br />less 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 cure such breach on or before the date specified in the notice may result in acceleration of the sums 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 />aeoelersiden 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 before the date specified In the notice, Lender, at Lender's <br />option, may declare all of else sums secured by Ibis 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. [.,ender shall be entitled <br />to collect all reasonable cos4 and expenses incurred In pursuing the remedies provided In this paragraph 17, Including, <br />but act IWMd to, reasonable attorneys' tees. <br />It the power of snk is Invoked, Trustee shall record a notice of default In each county in which the Property or some <br />part thereof Is located and shut mail copies of such notice In the manner prescribed by applicable law to Borrower and <br />to the other persons prescribed by applicable law. After the lapse of such time as may be required by applicable law, <br />Trlslee shall give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without <br />deemed oa Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the <br />terms designated In the notice of sale In one or more parcels and In such order as Trustee may determine. Trustee may <br />postpme snk of an or say parcel of the Property by publle announcement at the time and place of any previously <br />sch " 'sale. Lender or hnder's deolgmte may purchase the Property at any sale. <br />Upon receipt of Payment of the price bid. Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Plaptrtf soft!. The rocitak In the Traitor's deed shall be prima face evidence of the truth of the statements made <br />theroln. Tedsloe shag apply the peoceods of the sale In the fallowing order; (a) to all reasonable costs and expenses of the <br />sale., hsclndlag, but not hadood to. Trustee's fees actually Incurred of not more than ............. % of the gross sale <br />prim. reasonable rt gginto s' foes and costs airtight evidenai (b1 to all suns secured by this teed of Trust; and It-) the ex. <br />roes, May, to the pesos of persons legally entitled thereto. <br />18. Borrower's Right to Rebntate. Notwithstanding Lender's acceleration of the sums secured by this Decd of <br />Trust, due to Borrower's breach. Borrower shall have the right to have any proceeding% begun by ta.mler to enlorce this <br />Iked or,Crust dixrcmitinued at any time prior to the earlier to occur of if) the fihh day belore the eerie of the Properly <br />L pursuant k) lire power of sale conunncol in this Iked of 'frusi or iii) entry of a judgmenl enllrrcing this (feed of Trust ft: <br />la) Borrower pays tender all sums which would he then due under lilt% M d of i rust and the Now had no acceleration <br />rrscurred; (b) Borrower rurcv all breaches kit any other covenants ur agreeuent% at Borro-Act contained in Ilm Died of <br />'fru %t; (ci 14orruwer pays all reasonable expenses Incurred by under and int%wr* fn ent orcing the c„vcnaut% and <br />agrevinents of Borrower coolaincd in this Decd of •('rust and fm enlacing I Clider's aunt I roster'% rrnudu•s. a% pnr%uied mt <br />paragraph i' hereof, including, but not limited to, reasortaldc mortic%N' fec %..end ids ftoiiov yr takv% wch akiwo :r <br />vrnder rnas era %onably tvqulre m av:utc That tilt- lust of this Decd .,I I ru%i. I rIldel % nocrc%I m file Vi„pctl% ,4111 <br />11" ttower•s obligation I..tpay the ^sours s,:curcd by till% (krd of 1 rust %hAl r,,,;timuc unintl"am'd t h.,n vn h L,nmrtu aild <br />,tire Iry ""fr".rt_ the% Dec.; ,,f dru'l and the nhllgaltnrt%%erurrd lwtvh% %h.,ll r.•miatn sri full Lary amt ,•lie't .,% it t?.• <br />ascrlet at a,n i; aa.t ^. x.cunrd <br />