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<br /> <br />not personally liable on the Note of ..nder this Decd of Trust, and (c) agrees th_. Lender and any other Borcower <br />hereunder may agree to eztend. modify, forbear. or make any other accommodations with regazd to the terms of this <br />Dead of Trust or the Note, without that Borrower's consent and without releasing that Borcower or mod+fying this Deed <br />of Trust as to that Borrower's interest in the Property. <br />12. Naloe. 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 oc 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 addrGSS 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 havebeen given to Borrower or Lender when given in the manner designated herein. <br />i3. Goveraing Law; SeverahtHty. 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 rho 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 rnnflict 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 of <br />limited herein. <br />14. Harower*s Copy. Borrower shall be furnished a conformed rnpy of the Note and of this Deed of Trust at the <br />time of execution or after recordation hereof. <br />15. RdubiBtatbe Lom Agreement. Borcower shall fulfill all of Borrower's obligations under any home rehabilita- <br />tion, improvement, repair or other loan agmment 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 Borcower may have against parties who supply labor, materials or services in connection with <br />improvements made to the Property. <br />Ib. Ttasder of ttx Property; Assartptisa.: If all or any part of the Property or an interest <br />therein is sold or transferred by Borrower without Lender's praoz written consent, <br />excltuiingq (a) the creation of a Lien or encumbrance subordinate to this Deed of <br />Trust, (b) the creation of a purchase money security interest for household appli= <br />antes or (c) a transfer try daviae, descent or by operation of law upon the death of <br />a joint tenant, Lender may, at Lender's option, declare all the sums secured by this <br />Geed of Trust to be immediately due and payable. Lender shall have waived such <br />option to accelerate if, prior to the sale or transfer, Lender and the person to <br />whom the Property is to be sold or transferred reach agreement in writing that the <br />credit of such person is satisfactory to Lander and that the interest payable on the <br />sums secured by, this Deed of Trust shall be at such rate as Lender shall request. <br />If Lender exercises such option to accelerate, Lender shall mail Borrorer notice of <br />accsleration in accordance with paragraph 12 hereof. Such notice shall otovide a <br />period of not less than 30 daps from the date the notice is mailed or delivered <br />within which Borrower may pay th® corps declared due. If Borrower fails to pay such <br />soar prior to the expiration of such period., Lender may, witltout further notice or <br />demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. <br />NON-UNIFORM COVENANTS. Borcower and Lender further covenant and agree as follows: <br />17. Accelerattoa: Remedia. Eztxpt as prodded in paragraph 16 hereof, upon Borrower's breach of any covenant <br />or agreemaet of Borrower in thb Deed of Trent, including Borrower's failure to pay, by the end of 10 calendar days after <br />they ace dw, soy sums secured by this Deed of Tracy Lender prior to acceleration shall give notice to Borrower as <br />prodded in paragraph 12 hereof specifying: (i) the breach; (2- the utian required to clue sack breach; (3- a date, not <br />Im than 20 days from the date the notice is malted to Borrower, by which such breach mast be cuxd; and (4- that <br />failure to cuee such breach oa or before the date apeeifled in the notice may result is acceleration of the sums secured by <br />this Deed of_Trust and sale of the Property. The notice shall farther inform Borrower of the right to reinstate after <br />atxeleratbs and the fight to bring a court action to assert the nonezisieace of a detnult or nay other defense of Borrower <br />to acceleration sad sale. It the breach is not cared on or before the date specified in the notice, Lender~at LeRd~r'p. , , <br />option, may declare all of the acme secured by this Deed of Trost to be immed'utely dr~,,ttp~g~lawitliariNGsrt r <br />demand and may invoke the power of sale sad nay other remedies permitted by appticat-ls4#geetri,esiY6rilRentlld_ <br />to collect aU reasosabte costs and e:peasa lncarred in parsatsg the remedla prodded ih liii [iars~rapir`f"~,`li'~eludle~-r <br />bat mt limited to, reaaonabie attorneys' fen. <br />If the power of sale 6 invoked, Trustee shall ceeord a tmtlee of default In each county in which the Property or some <br />part theeesf le located and shat! mall rnpia of tech notiex in the manner prescribed by applicable law to Borrower sad <br />to the-other penosa peacrilxd by appBcable law. Attaz the lapse of such time as may be requ[red by applkable taw, <br />Trustee-shall glue paWic notlce of sale to the penom sad in the mattnec prescribed by applicable law. Trmtee, without <br />demand os Borcower, shall set! the Property at ptrhik asctlon to the highest bidder at the time and-place and ender the <br />terms desigsatui in the notlce of sale in one or move paccds sad in such order as Trustee may detsrmine. Trustee may <br />patpare sale ~ all or any pared of the Property by publle announcement at the time and place of any pmrioosly <br />te6eduied sale. Leader or Lender's designee may purchase the Property at nay sale. <br />Upon reedpt of payment of the price bid, Trmtee shalt deliver to the purchaser Trwtee's deed conreyirrg the <br />Property sold. The redtah in the Trustee's deed shall tx prima facie evidence of the truth of the statements made <br />ttteteid. Itmtee shall apply the proceeds of the sale is the following order: ia) to a!1 reasonable costs and expenses of the <br />sde, iudtadiag, but not ilmited to, Trustee's fees actrully incurred of not more than ...If /. ~....... % of the gross sale <br />price, rarsemhle attorneys' fora sad casts of title e-idencet (bi to ail sums secured by this Deed of Trust; a~ (c) the ez• <br />naa, I[any, to Ike penoo or peewee tegdly entitled thereto. <br />1$. Haeowerh Rlgbt to ltafnstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of <br />Trust, due to i3arrower's breach. Borrower shall have the right to have any proceedings begun by Lender to enforce this <br />Dead of Tntat disrnntinued at any time prior to the earlier to occur of (i) the fifth day before [he sale of the Property <br />ptttsuant to the power of sale camaiued in this Deed of Trust ar (ii) entry of a judgment enforcing this Deed of Trust if: <br />ia) Borrower pays I.endcr sii sums which would be thtn due under this Deed of Trus[ and the Nott had no acceleration <br />oectttrod;db) Borcower cures ail breaches of any other covenants or agreements of Harrower contained to this Deed of <br />Trurrt; (c) titttrower pays all reasonable expenses incurred by ],ender and Trustee in enforcing the covenants and <br />atrtsof Borcower contained in this Deed of Trust and in enforcing i,endcr's and Trustee's remedies as provided in <br />ptata~aph t7 hereof, including. but eat limited to, rsesanable attorneys' fees; and (di Barcowcr takes such action as <br />Leader may reasonaoiv require lea auurc that the Tien of this Decd of Trust, Lcndcr's interest to the Property and <br />w,~""~,.. Cr•€ ~5.}; '.~;. t • ~ S..=..., .,..~.[: ~: f. rh o D,~,w. ::: ~T'^..•St »f: ~ti m.......__ _.... i,v..i i ` _'.' eh nnyertwnr anA <br />.cwt .^,. p°-y . w y . mC.... ~-... ~. <br />cure by Bc3rttwer, this Heed of Trust and the obligatiotn secured hereby shal# remain trt tuff force and etTect as tf no <br />aeeelxation had accutred. <br />