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<br />83-t)0~; <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 />Dew of Trust or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed <br />of Trust az to that Borrower's interest in the Property. <br />12. Notlu. Except for any notice required under applicable -aw to be given in another manner, (a) any notice to <br />Borrower provided fur 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 err at such ether address az Borrower may designate by notice to Lender <br />az 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 az Lender may designate by notice to Borrower az 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 />I3. Gmerntng I,aw; SerenblUty. The state and local laws applicable to this Deed of Trusi shall be the laws of the <br />jurisdiction in which the Property is located. The foregoing sentence shad not Iimit the applicability of Federal law to <br />this Deed of Trust. In the event that any provision or clause of this Deed of Trtrst 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 Trtut 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. Bormwer shat) 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. RehabiBtatbn Loan Agreement. Borrower shall fulfill a!1 of Borrower's obligations under any home rehabilita- <br />tion, impeovement. 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. Trs~a of the P'ope'ry; Asanmptiom ~ If all or any part of the Property or an interest <br />therein is sold or transferred by Borrower without Lender's ~r>,or written conaeat, <br />excludingq (a) the creation of a lien or encumbrance subord>,nate to this Deed of <br />Trust, (b) the creation of a gurchase taoney security interest for household appli- <br />antes or (c) a transfer by devise, descent or by operation of law upon the death of <br />a joint tenant, Lender may, at Lender's o tion, declare all the sums secured by this <br />Dead of Trust to be immediately due and payable. Lender shall have waived such <br />opption to accelerate if, prior to the sale or transfer, Lender and the person to <br />whoa the Property is to be sold or transferred reach agreement in writing that the <br />credit of such person is satisfactory to Lender and that the interest payable on the <br />sums secured by this Daed of Trust shall be at such rate as Lender shall request. <br />If Lender exercises such option to accelerate, Leader shall mail Borrower notice of <br />acceleration in accordance with paragraph 12 hereof. Such notice shall provide a <br />period of not less than 30 days from the date the notice is mailed or delivered <br />within which Borrower may pay the scarps declared due. If Borrower fails to pay such <br />sutra prior to the expiration of such geriod, Lender may, without further notice or <br />demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. <br />Noty-UNIFORM COYENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Acceleration; Remedies. Exttpt as provided [n paragraph I6 hereof, upon Borrower's breuh of any covenant <br />or agreement of Borrower In th4 Deed of Trost, iacludiag Borrower's failure to pay, by the end of 10 calendar days after <br />thsy are doe, any same secured 6y this Deed of Trust, Lender prior to acceleration shall give notice to Borrower as <br />grorided hr paragraph 12 hereof specifriag: tl) the breach; (2) the cation required to tux ssc6 bxuh; (3) a date, not <br />less than 20 days from the date the notlce is malted to Borrower, by which such bteuh must be cured; and (4) that <br />failure to tux such breach on or befox the date apecitled in the notice may result in acceleration of the sums secured by <br />this Dud oLTrmt and sale of the Property. The notice shall Further inform Borrower of the right to reinstate after <br />acceleration and the tight to bring a court cation to assert the nonexistence of a default or soy other defense of Borrower <br />to accderatioa and sale. ]f the breach is not cared on or before the date specified in ' <br />option, may declax all of the soma secured by this Decd of Trent to he immedLtely due'f!! <br />demand and may invoke the power of sale and soy orbs remedies permitted br applit:ablE <br />to coikM ail xawnabk cats and expenses incurred in paraaing the xmedin provided <br />bat not limited to, xawnable attorneys' fees. <br />I<the power of sale b invoked, Trmtee shall record a autEct of de[auit in euh county fr which the Property or some <br />part theteoi it !seated and shaft mail copier of sack notice in the manner prescribed by applicable law to Borrower and <br />to the other penom pnserihed by applk:trhle law. After the lapse of such time as m:y be requrxd by applicable law, <br />Trustee shall give public notice of sale to the persons and In the meaner prescribed 6y applicable law. Trsstu, without <br />demand oa Borrower, shall sell the Property at ptrb-k auction to the highest bidder at the time and place and under the <br />terms designated in the notice of sale k one or more prrceh and in such order as Trustu may determine. Trustee may <br />postpone sale of all or nay parcel of the Property by publ[c aanooncemest at the time and place of any pxriowly <br />acitedaied sale. Lander or Lender's deaignu may purchase the Property at any sale. <br />tarpon reenEpt of payment of the price bid, Trosaee shall deliver to the purchaser Trustu's deed conveying the <br />Property sold. The recitak in the Trustee's deed shall be prima fuse evidence of the truth of the statements made <br />therm. Tutu shelf apply the proceeds of the sa-e k the foBowiug order: lal to all reasamble costs and czpemes of the <br />aerie. indsdiug, bat not Umlted to, Trustee's fees carnally incurred of not mox than ... NP........ % of the gross sale <br />pries, rmaonabk attaeneys' fees and costs of title evlde~e; ih) to ail sums secured by this Deed of Trust; and tcl the ez- <br />cw, ii any, to the parson or person legdfy entitled thereto. <br />18. Borrower's Right to Relaatate. Notwithstanding Lender's acceleration of the sums secured b_v this Deed of <br />Trout, due to Borrower's breach. Borrower shall have the right to have any proceedings be¢un by Lender to enforce this <br />Deed of Trust discontinued at any time prior to the earlier to occur of ti) the fifth day before the sale of the Property <br />pursuant to the power of sale contained in this Deed of Trusi or 6i) entry of a judgment enforcing this Deed of Trust if: <br />ter) Borrower pays Lender ail sums which would be fhcn due under this Deed of Trust and the Note had no acceleration <br />occurred: (b) Borrower cures atl breaches of any other covenants or agreements oC 8orrower contained to this Deed of <br />Trost; {i:) iorrower pays ail reasonable expenses incurred br Lender and Trustee in enforcing the covenants and <br />agreements of iorrower contained in this Deal of Trust and in enforcing Lender's and Trustee's remedies as provided in <br />paragraph l7 hereof. including, but no€ limited to, reasonable aunrnevs' tree; and td) Borrower takes such action as <br />Lcmfer mttY reasonably require to assure that the lien of this L)eed of Trust. Lxnder's interest in the Property and <br />Btxmwer's oblige€tun to par the sums secured by €dts L)cet! of trust shah continue unim is,r~-:,. ' `--- <br />; .. tv., sax. fan;ert s:.d <br />curt' by i3ortower> [his Dtrd of °frust and tht oblige€ions secured hereby shalt remain in loll force and effect as if no <br />act.tiexation hail occurrrct. <br />