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84 --~ 001975 f <br />not personally liable on the Note or under this Deed of Trust, and Ic1 agrees that (.ender and any other Borrower <br />hereunder may agree to extend, modify, forbear, or make any other acmmmc>tlations with regard to the terms of this <br />[hrd of Trust or the No[e, without that Borrower's consent and without releasing that Borcower or modifying this Deed <br />ul Trust as to that Borrower's interest in the Property. <br />12. Notice. Except fur any notice required under applicable law to be given in another manner, lal any notice to <br />Borcower 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 ai the Property Address or at such other address as Borcower 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 desigtated hello.- <br />13. Governing Law; Severabiliry. The state and Iceal 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 applicaf0e <br />law, such conflict shall nw affect other provisions of this Deed of Trust or the Note which can be given effect without the- - <br />crontlicting provision, and ur 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 [he Note and of this Deed of Trust at the <br />time of extxution or after recordation hereof. <br />I5. Rebabili4tkn Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilita- <br />tion, improvement, repair ur 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 Leader, 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. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an interest therein, <br />excluding tat the creation of a lien or encumbrance subordinate to this Deed of Trust, (b1 a transfer by devise. descent, or <br />by operation of law upon the Berth of a joint tenant, or (cl the grant of any leasehold interest of three years or less not <br />containing an option to purchase. Borrower shall cause to be submitted information required by Lender to evaluate the <br />transferee as if a new loan were being made to the transferee. Borcower will continue [o be obligated under the Note and <br />this Deed of Trust unless Lender releases Borcower in writing. <br />IF Lender, on the basis of any information obtained regarding the transferee, reasonably determines that Leader's <br />security may be impaired, ur that there is an unacceptable likelihood of a breach of any covenant or agreement in this <br />Deed of Trust, or if the required information is not submitted. Lender may declare alt of the sums secured by this Deed <br />of'frust to be immediately due and payable. If Lender exercises such option to accelerate, Lender shah mail Borrower <br />notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of no[ less than 30 days <br />from the date the notice is mailtd or delivered within which Borrower may pay the sums declared due. If Borrower fails <br />to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower. <br />invoke any remedies permitted by paragraph 17 hereof. <br />NoN-l1NIFORM COVEf9ANTS. Borrower and Lender further covenant and agree as follows: <br />17. Aati~eleratfoa; Remedks. E:cep[ as provided to paragraph 16 hereof, upon Borrower's beach of ay coveeaW <br />w agrermeM of Borrower in [hit Deed of Tract, Incladhrg Barrotver's faBnee b py, by the esd e[ !0 calendar days afkr <br />they are doe, any sums secured by this Deed of Trtort, Lender prior to accekntko shall glue notice to Borrower as <br />prwidcd in paragraph 12 hereof speeNyieg: 111 the beach; 121 the actko rogahed to case stash bteaeh; 131 a date, not <br />ter tha 20 days from the date the notice k mafkd to Borrower, by whk6 stash beach must be cured; and 141 that <br />faBure to sine such breach a w blare the date speef8ed In the notice may ream/ In acceleration of the soma tecaeed by <br />thk Doed of Tract and sale of the Property. The notice shall fwlher Inform Borrower of the right to reba4te aUer <br />accderalko and the right to brhrg a court actkn to assert the noaealslace of a defadt or a.y other defeme of Borrower <br />q acceleraIlea and sde. U the breach k not cued oa w before the date specBled In the notice, Ltnder, M Leodor9 <br />opcloa, mew declare all of the sums secured by this Deed of Tart to be Immodlalaly doe and payable w116eai [archer <br />demand and may invobe the power of sale sad mry o16u reoedlea permitted by applkabk law. Leader shag ba ewtitkd <br />to collect aU reasoaabk costs and c:peaxs incurred to punuh[g Ure romedles provided In Ibk paragraph 17, IncladMg, <br />bat not Iladted to, rearoaabk attorneys' tees. <br />if the power o[ sale k invobed, Trustee shalt record a notke of defadt In each Canty in whfcb the Property w sane <br />part thereof k loeataf ad shall ma6 copks of such notce in the manner prat•rWed by applkabk brw to Borrower and <br />to the other persons prescribed by applkabk law. Alter the lapse of such time u may 6e eegaited 6y applkabk law, <br />Trustee slmR give publk notke of sale to the person and is the manner prescribed by applicable law. Trrstee, Mithout <br />demand m Borrower, shall sell the Property at prsblk aactioo to the hlglrmt bidder at the rinse and pkce atod under the <br />terms designated In the notice of sale in one w more parcek and In such order m Trustee may determlm. Truclce may <br />postpone sale of all w any parcel of the Properly by publk annormcemenl at the time and place of any previously <br />scheduled ttak. lender w Lender's designee m.y purcbme the Property at nay sale. <br />Upon receipt of payment of fire price bid, Trustee shah deliver to the punbaser Trustee's deed conrryirtg the <br />Property soh1. The recila4 is the Trttclee's deed shah. be prima foie erhkotx of the truth o[ the statements made <br />therein. Trttstce shah apply the proceeds of the sale to the followfog order: la- to all reasonable cods and expenses of the <br />sale, including, but nut limited to, Trustee's fas aetrully incurred of not more than ............. le of the gross sale <br />peke, rearoaWe attorneys' foes and cask o[ title erideace; lbl to all sums secured by this Deed o[ Trust; and Ic) She ex- <br />cess. tf any, [• the person w persons legally entitled thereto. <br />18. Borrower's Rigbl to Reinstate. Notwithstanding Lrneler's acceleration of the sums secured by this Deed of <br />Trust, due to Borcowei s breach, BOrcOWer shall have the right to have any proceedings begun by Lender to enforce this <br />Deed of Trust discunlinued at any time prior to the earlier to occur of lit the fifth day before the sale u(the Property <br />pursuant to the power of sale contained in this [iced ul Trust ur ltil entry of a judgment entirrcing thu L1ced of Trust tE <br />(a1 6urcower pays (.ender all sums which would be then due under this heed u(Tnrst and the Nure had nu acceleration <br />trccurted; (bl Burrower cures all breaches of any other covenants or agreements of 8orruwer contained in this Drxd of <br />'trust; !c1 Borrower pays all reasonable expenses incurred by Leader and T'rustce m enforcing the curenanu and <br />agreements o(Borruwer contained in This Deed of lYust and in enlurciug Lender's and Trustee's remedies as prurtded ur <br />paragraph I~ hcrcrof, including. but nut limited to, reasonable auurneys' fees; end fd) &muwer takes torte arson a~ <br />Lender may reasonably require to assure Shat the lieu of this llrxd of trust. lender's interest m the lhupa-t~ .nni <br />Borrower's ahirgaliun to pay the sums secured by thu I?eed ut (rust shall wen uuuc unmtpaired. 1'Ixm ~urh p.+ymcn~ curl <br />cure by &,rruwcr, thu Deed ~rl Trust and the obligations secured hereby Shell remeut in full farce anJ ci!r,t .rl it n,~ <br />accelrrauun had awrurred. <br />