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<br />I <br /> <br />.'" I <br />83-{)OltL.L,=" 4""-1 <br /> <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 tenns of this <br />Deed of Trust 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. GoYemlng Law; SnerabiUty. 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 ofthis 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 confonned copy of the Note and of this Deed of Trust at the <br />time of execution or after recordation hereof, <br />IS. RehablUtatlon Lo... 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 fonn 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. T~er of the Prop,erty; AsnmpiioD.: 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 />excludinq (a) the creation of a lien or encumbrance subordJ.nate to this Deed of <br />Trust, (b) the creation of a purchase IIlOney security interest for bousehold 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 iD!llf!diately 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 aqreement in writinq that the <br />credit of such person is satisfactory to Lender and that the interest payable on the <br />SWlS secured by this Deed of Trust sball be at sucb rate as Lender shall request. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of <br />acceleration in accordance with paraqrapb 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 s~s declared due. If Borrower fails to par such <br />SWlS prior to the expiration of such period, Lender may, without further notl.ce or <br />demand on Borrower, invoke any r~medies permitted by paragraph 17 hereof. <br /> <br />NON-UNIFORM COVENANTS, Borrower andJ.ender further covenant and agree as follows: <br />17. Acceleration; Remediea. Except as provided In paragrapb 16 hereof, upon Borrower's brucll of any covenant <br />or agreement of Borrower In this Deed of Trust, including Borrower's failure to pay, by the end of 10 calendar days after <br />they are due, any sums secured by this Deed of Trust, Lender prior to acceleration shall give notice to Borro_r .. <br />provided In paragraph 12 hereof specifying: (11 the breach; (2) the action reqnired to cure snch breach; (3) a date, not <br />I... than 20 days from the date the notice is mailed to Borro_r, by whicb such breach must be cured; ...d (4) that <br />failure to cure such breach on or before the date specified in tbe notice may result in acceleration of the sums secured by <br />this Deed of. Trust and sale of the Property. The notice shall further 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 otber defense of Borro_r <br />to acceleration and sale. IT the breach 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 payable without further <br />demand and may Invoke the power of sale and any other remedies permitted by applicable law. Lender sball be entitled <br />to collect all reasonable COSla and expenses incurred In punuing the remedies provided In this paragrapb 17, Including, <br />but not limited to, reasonable attorneys' f_. <br />IT the power of sale is Invoked, Trustee sball record a notice of default In eacb county in which the Property or some <br />part thereof is located and shall mall copies of such notice in the manner prescribed by applicable law to Borrower and <br />10 the other penons prescribed by applicable law. After the lapse of such time as may be required by applicable law, <br />Trustee sball give public notice of sale to the penoDS and In the manner prescribed by applicable law. Trustee, without <br />demand on Borrower, sban seli the Property at public auction to the highesl bidder at the time and place and under the <br />terms designated In the notice of sale in one or more pan:eis ...d 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 previously <br />scheduled sale. Lender or Lender's deslpee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee sball deliver 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 tbe statemenla made <br />therein, Trustee shall apply the proceeds of the sale In the foUowing order: (a) to all reasonable cosls and expenses of the <br />sale, including, but not !1mited to, Trustee's f_ actually incurred of not more than ,..",..,..., % of the grou sale <br />price, reasonable attorneys' fees and cosla of title evidence; (h) to all sums secured by this Deed of Trust; and lc) the ex. <br />cas,lf any, to the penon or penOIlS legally entitied thereto, <br />18. Borrower's RIght 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 (i) the fifth day before the sale 01 the Property <br />pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: <br />(a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration <br />occurred; (bl Borrower cures all breaches of any other covenants or agreements of Borrower conlained in this Deed of <br />j~t; (el Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and <br />agrcemeuts of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in <br />paragraph 11 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as <br />Lender may reasonably require to assure thai the lien of this Deed of Tru.~l, Lender's interest in the Property and <br />Borrower's obligation to pay the sums secured by this Deed 01 Trust shall conlinue unimpaired, Upon such payment and <br />cure by Borrower. this Deed of Trust and the obligations secured hereby shall remain in full force and elTect as if no <br />accder.lion had occurred, <br />