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85" 004650 <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 Borrow'er's consent and without releasing that Borrower or modifying this Deed <br />ofTrust as to that Borrower's interest in the Property. <br />12. No". 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 />a as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to <br />s 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. Gurerishsee IAwt Sevembil ty. 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 Deets 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 he furnished a confiormed copy of the Note and of this Deed of Trust at the <br />time of execution or after recordation hereof. <br />15. RokablUtatlew 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 />15. Transfer of the Property. If Borrower sells or transtNrs all or any part of the Property or an interest therein, <br />excluding (a)the creation of a lien or encumbrance subordinate to this feed of Trust, th) a transfer by devise. descent, or <br />by operation of law upon the death of a joint tenant, or (e) the grant of any leasehold interest of three years or less not <br />containing an option to purchase. Borrower shall cause to be %uhmitred information required by Lender to evaluate the <br />transferee as if a new loan were being made to the transferee. Borrower will continue to he obligated under the Note and <br />this [iced of Trust unless Lender releases Borrower in writing. <br />If Lender. on the basis of any information obtained regarding the transferee. reasonably determine% that Lender's <br />security may be impaired. or that there is an unacceptable likelihood of it 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 Heed <br />of Trust to be immediately due and payable. If Lender exercises such option to accelerate. Lender shalt mail Borrower <br />notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide it period of not less than .30 days <br />from the date the notice is mailed or delryered within w'hic'h Borrower may pay the %arms declared (Inc. 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 -I tNIFORM COVENANTS Borrower and tender ful-ther covenant :rod agree as follow•%: <br />17. Aeeekratlont Reuredln. Except as provided in paragraph 16 hereof, upon Borrowers breach of anv covenant <br />or agreement of Borrower In this Deed of Trust, including Borrower's failure to pay, by the end of 10 calendar days rafter <br />they are due, any sums secured by this Deed of Trust, lender prior to acceleration shall kite notice to Borrower as <br />provided In poralograpok 12 hereof specifying: (1) the breach; 121 the action required to cure such breach; (31 a date, not <br />lass than 20 days from the date the notice is mailed to Borrower, by which such breach must lie cured; and (41 that <br />failure to care such breach an or before the date specified in the notice may result in acceleration of the sums secured by <br />this Deed of Treat and sate of the Property. The notice shall further inform Borrower of the right to reinstate after <br />accelerattoe and thr right to bring a court wtkm to assert the nmwxisteece of a default or any other defense of Borrower <br />to acceleratlea and sae. if Ilse breach Is not cured an or before the due specified In the notice, Lender, at Leader's <br />opdon. may declare all of the sums secured by this Deed oll Trust to be immedlatclor due and payable without further <br />dewasrd and may Invoke the power of ask and any other remedies permitted by applicable law. Lender shall be entitled <br />So collect tad evesoenbir coots and exposition inferred in pursuing the remedies provided in this paragraph 17, Including, <br />but [set N=Ned to, riaeewable attorneys' fen. <br />U the power of rook is invoked. Trustee skull record a notice of default in each county in which the Property or some <br />peel tbwwsf is Iecu"d and gismo mail copies of such aedive In the manner prescribed by applicable law to Burrower and <br />to the editor persons prescribed by applicable law. After the tapae of such time as may be requited by applicable law. <br />Trustee stall give prsbBe isetke of sale to the persons and in the manner prescribed by applicabk law. Trenton, without <br />dnwrnd an Borrower, SWI sold the Property at Public aection to the highest bidder at the time and place and under the <br />Berea dalpald In qs notiae of smk Is one or meet parcels and In such order m Trustee may determine. Trustee may <br />plsetpone alsk of ON or any parcel of the Property by public announcement at the lime and place of any previously <br />oeflso .. 'ask. Louder or Leader's dosignor may purchase the Property at any sale, <br />Vpan me#* of peymeow of the price bld. Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Pteffe" sold. The rarNals in the Trtrke'n deed shall be prima facie evidence of the truth of the statements made <br />tome. Tmtw obeli apply tits procesds of the ask in the following order: Ia) to all reasonable casts and expenses of the <br />safe. Iteltsdlstg, bet col HokW to, Tr•uatee's few actually Incurred of not more than ............. % of the gross sale <br />Prim- etonossablo astorwsys' don and emit of dde evidence; Ib) to all sans secured by the Bored of Trott and (c) the ex. <br />asw. R my. to the peaone or persees legally entitled theeele. <br />111111. Min reww's Right is ReimiMe. Notwithstanding lender's acceleration oI the sums secured i+ _v thn Deed of <br />Trust, due to Borrower's breach. Borrower shall have the right to have any proceeding% begun toy Lender to enforce tills <br />(.aver! of Truss discontinued at any time prior to the earlier to occur of it) the filth day before the sale of the property <br />L pursuant to the peruser of -,sit commined in this Deed otTrust or (it) entry act it judgmeto valowcing this Ikw(1 act fnnf if: <br />(a) Borrower pays lender all sums which would he then due under this D-Led 01 ru%t and the Note hail no ac.eicrauon <br />occurred; (b) Bor ►cMtr curt% all breacht% of Any other e(wenants or agreement% (it Htorrimer contained in this Decd of <br />Trait; (c) likwrower pay% all reasonable txpien%t% Incurred by Lender :Irlll ir11slee In etlfUtcing the covenant% and <br />»grsernrnts of harrowci containetf in this I)cr,1 of 'trust and in cnfornng f cnder's and I rustec'% rrnu•dic% a% provided in <br />p,trragraph 1' hereof, inchrdsrrg. but nor hmilyd tar, reasonable artonreys' I(',•%. arsf d) Horr —Cr Jake% %1101 action as <br />Ierrtirt may rea%e,nabty ro•(jurre ('I escort Ihat rho leer (.t !Ins I)er,I "I Ir;r,r. lenders tn!rn:• +t in the Propels% ,end <br />1 #sr f,arr'v dct,gAtu.n to pry the vums vrc ute d fry Iht% Deed of I oust %II di .,,•tltlmty iuurup;urr(I L n: 4n, It p;o rircnt :tn,l <br />,acre tit Hors +Mir the. Devni of hiss And tire. }rhlippetiom scetirezf het, °f.•. .hall rcula,n In full here mid tutor o% it rut <br />As,tetrtmtfthad 'Infrd <br />