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<br />I <br />83-!JG1""';,_ <br />/ t ,....... <br />not personally liable on the Note 0' ~nder this Deed of Trust, and (c) agrees tj, 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 Trost or the Note, 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. 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 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 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. Gmemlng Law; SeyerablUty. 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 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 or <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. RehablUtation 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 />cl~;ms 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. TnnsferoftheProP.Uf)';A5sumptioD._:If all or any part of the Property or an interest <br />therein is sold or transferred by Borrower without Lender's 'prl,or written consent, <br />excluding (a) the creation of a lien or encumbrance subordJ.nate to this Deed of <br />Trust, (b) the creation of a purchase lIIOney security interest for household appli"; <br />ances or (c) a transfer by devise, descent or by operation of law upon the death or <br />a joint tenant, Lender may, at Lender's option, declare all the sums secured by this <br />Deed of Trust to be il_ediately 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 agree_nt 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 Deed of Trust shall be at such rate as Lender shall request, <br />If Lender exercises such option to accelerate, I.ender 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 su~s declared due. If Borrower fails to pay such <br />sums prior to the expiration of such period, Lender may, without further notJ.ce or <br />demand on Borrower, invoke any r~medies permitted by paragraph 17 hereof. <br /> <br />NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: <br />17. Acceleradon; Remedl.... Except as provided In paragraph 16 hereof, upon Borrower's breach of any covenant <br />or agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by tbe end of 10 calendar days after <br />they are due, any swm secured by this Deed of Trust, Lender prior to acceleradon shall give notice to Borrower as <br />provided in paragraph 12 hereof specifying: (1) the breach; 121 the acdon required to cure such breach; 131 a date, not <br />I.... than 20 days from the date the notice is mailed to Borrower, bJ~' d; and (4) that <br />fallure to cure such breach on or before the date specified in the notice ...... . on he fUIDS secured by <br />this Deed ol Trust and sale of the Property. The nodce shall further iIIform.Bone-..{;.t&e.,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. U the breach is not cured on or before the date specified in the notice, Lender. at Lender's <br />opdon, may declare all of the sum. secured by this Deed of Trust to be immediately due and payable without further <br />demand and may invoke the power of sale and any other remedies pennitted by applicable law. Lender shall be endUed <br />to collect all reasonable COlli and expenses Incurred In pursuing the remedl... provided In this paragraph 17, including. <br />but not limited to, reasonable attorney.' fees. <br />U 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 II lceated and shall mail copies of such nodce In the manner prescribed by applicable law to Borrower and <br />to the other penoDS prescribed by applicable law. After the lapse of such time as may be required by applicable law, <br />Trustee shall give public notice of sale to the penons and in the manner prescribed by applicable law. TrUltee. without <br />demand on Borrower, shall seli the Property at public aucdon to the highest bidder at the time and place and under tbe <br />tel'lllll designated In the notice of sale in one or more parcels and in sucb order as Trustee may determine. Trustee may <br />postpone sale of all or any parcel of the Property by public announcement at the time and place of any previoUlly <br />scheduled sale. Lender or Lender's designee may purchaae the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to tbe purchaser Trustee's deed conveying the <br />Property sold. The recitals In tbe 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: tal to all reasonable costs and expenses of the <br />sale, including, but not !Jmited to, Trustee's fees actually incurred of not more than "" ,ijl.~. , , , , "10 of tbe gross sale <br />pm, reuonable attomeys' fees and costs of title evidence; (hI to all sums secured by tbis Deed of Trust; and (cl the n- <br />ceaa, if any, to the penon or peno... legally endtled thereto. <br />18. Bono_r's Rlgbt to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of <br />Trust, due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this <br />Deed of Trust discontinued at any time prior to the earlier to occur of (iJ the l1fth day before the sale of the Property <br />pursuant to the power of sale contained in this Deed of Trust or Hil entry of a judgment enforcing this Deed of Trust if: <br />(a) Borr!lwer pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration <br />occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of <br />Trust; (/.:) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and <br />agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in <br />paragraph 17 hereof, including. but not limited to, reasonable atIorneys' fees; and (d) Borrower takes such action as <br />Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property and <br />Borrower's obligation to pay the sum. secured by this Deed of Trust shall c'Ontinue unimpaired. Upon such payment and <br />cure by Borrower. this Deed of Trust and the obligations secured hereby shall remalll III full force and effect as if no <br />acceleration had occurred. <br />