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not personally liable on the Note or under this Deed or 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 ;his 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 tither address as Borrower may designate by notice to Lender <br />as provided herein, and (b) any notice to fender 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. Governing Law; Severability. The state and local taws 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 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 tie <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 mifil) all u( 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 set 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 wrgine. <br />If Lender. on the basis of any information "brained regarding the transferee, reasonably determines that Lender's <br />security may be impaired. or that there is an unacceptable likelihood cf 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 inch option to accelerate, Lender shall trail Borrower <br />notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of nor less than 30 days <br />from the date the notice is mailed or delisered within which Borrower may pay the sums declared due. I' Borrower fails <br />to pay such sums prior to the expiration of such period. Lender may. without farther notice or demand on Borrower. <br />imoke any remedies permitted by paragraph I - hereof. <br />NON - UNIFORM COVE=NANTS Borrower and Lender further cover, ant 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, ;net oiling Borrower's failure to pay, by the end of 16 calendar days after <br />they are due, any surds secured bt this Deed of Trust. Lender prior to acceleration shall give notice to Borrower as <br />provided in paragraph 12 hereof specifying: !1) the breach: l2) the action required to cure such breach: 13) a date, not <br />less than 20 days from the date the notice o ,Matt Borrower, ° hich such breach must be cured; and (4) 'hat <br />failure to cure such breach on or before the date specified in tie notice may result In acceleration of the sums secured by <br />Witt Deed of Trust and sale of the Property. The notice shall funkier inform Borrower of the right to reinstate after <br />acceleration 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 hreach is not cured on or before the date specified in 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 parable without further <br />demand and may invoke the power of sale and amy usher remedies permitted by applicable law. Lender shall be entitled <br />to collect all reasonable costs and expenses incurred in pursuing the remedies provided 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 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 />Tnutee shall give public notice of sale to the persons and in the -mumer prescribed by applicable law. Trustee, without <br />demand on Borrawer, 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 />p—m:porue We of all or any parcel of the Property by public announcement at the time and place of any previously <br />scheduled sale. Lender or Lender's designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid. Trustee shall diver to the purchaser Trustee's deed conveying the <br />Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made <br />therein. Trustee shall apply the proceeds of the sale in the following order: fa) to all reasonable costs and expenses of the <br />sale, including, but not limited to. Trustees fees actually incurred of not more than ............. 1% of the gross sale <br />price, reasonable attorneys' fees and casts of title evidence; flit to all sums secured by this Deed of Trust; and (cl the ex- <br />cess, if any. to the person or persons legally entitled thereto. <br />ia_ Borrawn s Riaht to lifpi state. Notwithstanding tinder's acceleration of the sums secured by this Decd of <br />Trust due to Borrower'; breach, Borrower shall have the right to have any proceedirsus begun by Lender to enforce this <br />Decd of '.rust discontinued at any time prior to the earlier to wcur of (i) the filth day- before the sale of the Property <br />pursuant to the power of sale contained to this Deed of -trust or (it) entry of ' a judgn e _ cnilucing tuts Deed of Trust if: <br />t2? llerrowcr pays lender all sorn which would be then due under this Deed to 1 ru. t and the 'Vote had no acceleration <br />occurred: th! Barrow cur °s all Oreaches of any ,Ahcr covenants or agreeownr, of Bol-n—vi cuntiuried in this Decd of <br />Trust: (c) Burrower pays all reasonable expenses incurred by L::rtdcr and Trustee in entorcmg Ow covenants and <br />,refer penis , +t Borrower contained in ilin Decd of I rust and ur er.torciric l.cnder'sand f- restec's rc ;ntxiins as provided ill <br />stage l :h 1" tterenf Zncluding- slut nut lusilied to, r-asonabfe attorneys !ens. and ttli Borr„w'(-r sakes such a_ v1s) as <br />,Xf! :rr ma- rya< o.i l-. rrquuc !, .,,sure th_t rfu hen of tun fted .4 frost. !.odor', interest art she 11n,pert, ,and <br />Bolt'! , ,,, {t. as. n in pot !he .um• -,: r„r.:d b•. ih„ Decd at too,,,..tm,i t -p<,n v -, t_ 1-'. virivni _<nd <br />-unr I,, Born , this Deed rz fruyt and sit, ,w igation•. —ured hec'by t :ill r =.•s= : :!tn in tuil tor", .md ofTcc! a; it no <br />acceleraton hard ,�cutred <br />