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<br /> <br />not personally liable an the Note or under this Deed of Trust, and {c) agrees that Lender and any other Borrower <br />hetYUrrdet maq agree to extend, modify, forbeaz, or make any other accrommodations with regazd to Lhe terms of this <br />Deed afTrust orthe Mott, 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. Nodee. Facept for any notice requirt:d tinder 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 of by mailing such notice by certified mail <br />addressed to Borrower at the ProprrYy Address or at such other address as Borrower may designate by notitt to Lender <br />as provided hereirs, and (b) any notice to Lender shaft be given by certified mail to Lender's address stated herein or to <br />such-other address as Lender may designate by,notiee to Borrower as provided herein. Any notice provided for is this <br />Dead of Trust shall be deemrd to have been given to Borrower or Lender when given in the manner designated herein.- <br />13. Garrrning Larrt SrrerablBly.'7'he state and local laws applicable to this Deed of Trust shall be the laws of the <br />jurisdiction in which the Property is located. Thr foregoing sentence shall not timiY Lhe applicability of Federal law to <br />this Deed of Trust. In the event Lhat any provision or clause of this Deed of Trust or the Note conflicts with applicable <br />law, such conflict shall not affeM other provisions of This Deed of Trust or the Mote which can be given effect without the <br />conflicting provision, and to this end the provisions of this Deed of Trust and the Note aze declared to be severable. As <br />used herein, "costs'", "expenses" and "attorneys' fees" include all sums Lo the extent not prohibited by applicable law or <br />limited herein. <br />14. Borrower's t.opy. Borrower shat! be furnished a conformed copy of the Note and of this Deed of Trust at the <br />time of execution or afrer recordation hereof. <br />15. RebablBtation hoan Agmment. Borrower shall fulfill alt ~f Borrower's obligations under any home rehabilita- <br />tion, improvement. repair or ether loan agreement which Borrower enters into with Lender. lender, at Lender's option, <br />may require Bortower 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 Pro~rtv. <br />16. Ttmtder of the Proprrty: Asarmptiom _ If all ar any part of the Proppeerty or an interest <br />therein is sold or transferred by Borrower without Lender's pciar wcitten consent, <br />exaiud {a) the czeatian of a lien ar encut~zance subordinate to this Deed of <br />Trust, {b) tree creation of a purchase money security interest for household appli- <br />ances or {c) a transfer by devise, descent or by aoezation of law upon the death of <br />a joint tenant, Lander may, at Lender's option, declare all the sums secured by this <br />Deed of Trust to be i[~edlately due and payable. Lender shall have waived such <br />atsgg~ion to aocelerate if, prior to the sale or transfer, Lender and the Berson to <br />shim the Property is to be sold or transferred ceach agreetaent in writing that the <br />cztsdit of such person is satisfactory to Lender and that the inteceat payable on the <br />sRuz;~ r Shia mad of Trust shalt b- a =••^!: r°~~ s Lander shall r.,:r4eat. <br />If Lender exercises such option to accelerate, ~Lettder shallumaii Borrotrer notice of <br />acetleratian in actrordance +ith paragraph 12 hereof. Such notice shall provide a <br />period of not less than 3t) days from the date the notice is mailed or delivered <br />within which eorrotrer may gay a stops 8eclared due. if Borcower fails to pay such <br />sums prior to rtes expizatton of such period, Lersdar may, without further notice or <br />demand on Borrowec, irvoxe any retaedies permitted oy paragragn 17 hereof. <br />NON-iJNifOiui t:.avt=si,tN2'S. Borrower and Lcndcr tunhrr 4^rrvonant artd agree as follows: <br />17. Acceleratba: Remedtss. Izcept as prortded in puagraph lb hereof, upon Borrower's brrach of any covenant <br />or agreement of Borrower in this Deed of Tttst, irnlnding Borrower's failure to pay, by the call oC 10 calendar days after <br />they are tlw, any soma secured by rttis Deed of Trust, Leader prior to accelenNon shall give notice to Boaorrrr as <br />provided in paragraph 12 hercot specifying: 117 the breaalrt {27 [he actlou required to clue such breach; (3) a date, not <br />leas than 2i) days from the dau the nodre is mailed to 6oerowrr, by which such breach must be cured; and (4) that <br />faBtue to cure such preach oa or beforr tbs date specified 3n the notice may result En acceleratlon of the sums secured by <br />this Drell of Trust and sale o€ the Property. The antler shell fuzttrer inform Borrower aC the right to reinstate after <br />arcdtxation sad the right to britrg a +vurt ac[ion to assert the nonesiattace of a default ttr any other defense ni Borrower <br />to acceleralfas sad sail. It the breach is not cured on or before the date specifed in the notice, Leader, at Lender's <br />optic[, mey declare al] of the sums secured by this Deed of Trust [a be immediately due and payable without further <br />demand and may invoke thr power at sale and nay outer rrmrdtea permitted br appl)cabir law. Lender shall be entitled <br />to eaAcet all [tasona6Je cosh and expenses inearred in pearling dre remedlrs provided in this paragraph 17, Including, <br />bat rat limited to, c~strnable attocaeys' fem. <br />2f ilrb power of sale is invoked, Trtutre shall record s aodtro of default in each ~rounry in which the Property or some <br />part t![ersnf Is !seated and shill mail copies of saclr notice in the manner prescribed ivy applicable law to Borrower arrd <br />to the odr~ pssorm prascribad br appBcahte law. After the ]spar of each lima as may be required by applicable law, <br />Trmttse shalt gins public notice of sale to [he persona sad in tlrr manner prescribed by applicable law. Trustee, without <br />demand an Borrower, shall sell ttre Froprny a[ public attctioa tr the btghest bidder a[ the time and place sad. tinder for <br />levels tieslgrratt:d in rtes notice of sale in one or more parcels and to such order as Trustee may rletermtrre. Trustee may <br />postpone sale of ail or soy paccet of the Property by pabiic aaaauncemenl at the bare and pier of any prtriously <br />schadnled sate. lmdar ar Leader's designee may ptuchaae the Property at any sale. <br />Upaa recut of p:ymmt of the price bid, Trustee shall ddtrer to the purchaser Trustee's dyed conreyiag [be <br />Property sold. The rc+citats is the Trustee's dyed xhali lee prima facia r.Fdence aC lire truth of the statrmenta made <br />U[aaeia. Trtmtee airs!! apply the proceeds aC the lair in the fallowing ordec: ia] to al[ rrasanable costs and expenses of the <br />salai tnclnding, but notlimitrd ro, Trustee's tree actually incurred of not more clean ... ~$ < ..... , o of the gross Bair <br />prier, tssnonsbk attorneys` fees and costs of title es4dwcr; bi to ail sums secured by t}tis Deed of Trust; and (c) the ex- <br />txa„ if any, rs the person nr prrsoas legally rntided tbrrrto, <br />1& Borrawet's Right to Reirrstata. Narwit»standzng Lender's occeierattan of the sums ss~.ured by this Deer! of <br />Trust, due to Borrow°er's breach< Bcrrewer shall have t»e :ig»t to ha+e any procredings begun by itndrr to enforce this <br />Fis'ed of Trost discYin[iaued at sr,y time prier to the earlier to cticur of 4ti the fifth dos before the sale of the Pruprrty <br />pursuant to the ^er uC sair contained to this I)red of "crust or tit} calve a! a judgment cn}orcutg thts Deed of Trtut if: <br />ta) Borrower pays lsttder ail aunts which would tre then dctt under t»is i?eed vi Truce and the "fete had no aceeirration <br />Ucuutrrd: {b)13ot•rawer rotes ail hrcac»es c,t' env ctrtrr covenants er a5{reeutenis af' Borrower cantainect in Utis Deed of <br />Trrttt; (c) llotxowrr pays alt reasnnaQia ezprnses incurred by Lrn;Ser and 7"coerce in rnt~uctng t»e carenaais and <br />agtcemrn[s of liorrawt~r cunt att=y~; ht t»ts l)rrt] of 7`rust acrd in ref+~rceng Irttder's ar,d `fruster's remedies as provided in <br />paragraph 77 hetrnf; ioeiudsng, but nut tim3ird to, r°asottabie attttrncis' fie.; and td} Borrower taetes such action as <br />Lander rrta; rea+onstrly rcciutre iv csswe [hat the lien ~ti lisle L3occf ;,f "T"rust, fender's a*-rtt`rest in tttr Preprrn• and <br />i3arzttw'rr's ohitgait>st tea pay the ~ .fns tccutt;d?5v this i.+erd rf 7 ru. 4t_a{i c~-'ainur btxtitrttsaire~"- (!ixttt suite payment and <br />cute by Bcxzcrwcr. tRN i?rex~ a! '}`rust and tits ,~Frligatu>ns !yecur;xi brrsb~ <~!, atfi rcextaztz :n ,uii tare a+:d c%~ect ac if no <br />a#rcytisratiort »ad =xs earner. <br />