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<br />83--uU:37Uo <br />not personally Iiablle on the Note 01 under this Deed of Trust. and (e) agrees tr".t Lender and any other Borrover <br />hereund:r may agrlee to ,extend, modify, forbear, or make any other accommodations with regard to the terms of this <br />Deed ofTruS! or th,e Note, v,ithout 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. Exeept 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 sllch 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 shaH be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />13. Governing Law; Severability. 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 Truslt, 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 CoP)'. 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 />15. Rehabilitation 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 fann acceptable to Lender. an assignment of any rights, <br />claims or defensel; which Borrower may have against parties who supply labor. materials or services in connection with <br />improvements made to the Property, <br />16. Tr.msfeT oHbe l'roputy; Assumption. 'rf all or any part of the Property or an interest <br />therein is selld or transferred by Borrower without Lender's ;pr,ior written consent, <br />,!!xcluding ta) the creation of a lien or encumbrance subordJ.nate to this Deed of <br />Trust, (b) t.be crefation of a purchase money security interest for hOUSehold appli- <br />,a.n<?es or (c) a transfer by devise, descent or by operation of law upon the death of <br />a )010t tenant" Lender may, at Lender's option, declare all the SUIIlS secured by this <br />Deed of Trus't. to be immediately due and cayable. Lender shall have waived such <br />option t01lcc:eilerate if, prior to the sale or transfer, Lender and the person to <br />'"homthe property is to be sold or transferred reach agreement. in wr iting - that the <br />credit of such person is sat~sfactory to Lende.r and that t.he inte.rest payable on t.he <br />sums secured by. t.ins Deed ot '!'rust shall be at such rate as Lender shall request. <br />If Lender exe,r'Clses such option to accelerate, Lender shall mall Borrower notice of <br />2lcc~l~!ration in accordance "''lth pa.ragrapn 12 hereof. Such notice shall provide II <br />perlod of. not 1.ess than 30 days from the dace the notice is malled or delivered <br />"'lthll1 WhlCl'l 3oorrower m.aypay tne SUI\IS declared due. If Borrower fails to par such <br />SUIIlS prlor tC) the expltatlon of such period. Lender may, without further notlce or <br />demand on Borrc:>wer, inVOKe any rem.edies permJ.t:ted by paragraph 17 hereof. <br /> <br />NON-UNifORM COVENANTS, Horrower and Lender lurther covenant and agree a, wi lows: <br />17. Accelendll)n; Remedies. Except as provided in paragrapb 16 hereof, upon Borrower's breach of any covenant <br />or agreement of llioll'fOwe,r in tbis Deed of T:1l5t. includinK Borrower's failure to pay, by the end of 10 calendar da,s after <br />they are due. anJ' llunJ. sel.'ured by Ibis Deed of Trlbt. Lender prior to acceleration shall give notice to Borrower as <br />prol'i~ld in plll4ltfllpn 12 hereof specifying: in the breach; (21 the action required to ('ure such breach; C31 a date, not <br />less thlUl 2U day, flrom the date Ihe notice is mailed to Horrower, la which SlIcn breach must be l'ured: and i41 that <br />failure to cure $I1(,h breacb on or hefore the dale specified in the nolice IllIlY result in accdel'lll!oll of Ihe sums secured by <br />this Deed 01. Trull and "ale of the Property. The Ilotke shall furl her inform Bot'rower of the right to reinstate after <br />llCceleralioll Wid th,e rigbt to hring 1I1.'Outt action to li..uert the nonexistence of II. default or any other defense of Borrower <br />to M"("1!.lerlltion and sale. If the breach is nol cured 011 or before the date ,pecit1ed in the notice. under, at under's <br />option, may dechme all of the sums secured by this Deed of Trust to be immt'diatf~..ijWle!E1.'... ,er <br />demand and ma,' illwoke tbe !>Ower of sale and any other ceroeweII permitted by ap ic~"IAtnder so ,titted <br />to collect aU rellSlmab!e ,'Q$ts and upeoses incurnd in pursuing the remediell pro'i~ed'In~....graph ... . .f g, <br />but nol: limited to, r'easonable attorneys' feell. -- - - <br />If the power of sail' is in\oked, Trustee shall Neora a notlee 01 default in ellCh county in ..bieh the Property or some <br />put thereof Is 1<K:alted allla shall mall copiell of such nodl."e in the manner prescribed by applicable law to Borro",'er and <br />to the other persons preliCribed by applicable iaw. After the lapse of such time as may be required by applicable law, <br />Trustee shaJj give, Il,ublic noli.ce of sale to the persons and in the manner prescribed by applicable law. Trustee, without <br />demand on BorrlJ,wer, shall sell the Property at public auction to the highest bidder at the time and place and under the <br />term.s dellignated in the lloth,:e of saie in one or moOre paccels and in such order ItS Trusu'C may determine. Trustee may <br />postpone sale of aU or IInY parcel of tbe Property by public llJ1I1ouncement at the time and place of any previously <br />scheduled sale. umder or under's dellignee may purchase the Property at auy sale. <br />Upon receipt of payment of the price bid. Trustee shaH delher to the pun:haser Trustl.>e's deed con\eylng the <br />Property sold. Tbe recitals in the Trustee's deed shall be prima facie evidence of Ihe trlllh of the .tatemellls made <br />therein. Trustee shall apply Ihe proceeds of the sail' in the following order: la i to all reasonable costs and upenses of the <br />sail'. including, blut lIot LImited to, Trustee's fees actually incurred of nol more than . NA. , . . , . . , . . "70)( the gross sale <br />price. reasonable attorneys' fees and costs of title evidence; (hi to all sums secured hy this Deed of Trust; and Ie) the ex- <br />cess, if any, to tlN, person or persons legally entitled therew. <br />HI. Borrower',. Righi to Reinstate. Notwithstanding Lender's accekratleJn oi the sllms secured by this Deed of <br />Trust, due to Borrower's breach, Borrower shall have the right to have any ptoceedmgs begun by Lender to enforcc this <br />Deeq of Trust discontinued at any time prior w the earlier to (x:cur of \i) the fifth day before the sale of the Propeny <br />pursuant to the power of sale contained in this Deed of Trust or {iiJ entry of a Judgment enforCing tillS Deed of Trust if: <br />(al Borrower Lender all ;wms ""hidl would be then due under this Deed of Trust and the Note had llO acceleration <br />occur-red; (bJ c!Jre<~ aB breiu::hes of any other covenants l)f agreernents of Borrower contained in this Deed of <br />(c) Borrower pays an reasoD$tble e-xpenscs!rtcurred by Lender and Trustee in enforcing the \:ovenants and <br />agreen'lent.s of Bcrrr'{}Wer containt,:d iI1 this I)cedofTrust ~nd enf~)rCing L"ender's ;t,nd Trustee's rernecbes as provided'!'n <br />7 hereof. HrniH~d n:asonabie atu::,rneys' fe~s; ;'lnd B()n'I,)WCT takcs sucb ~~('ti:on ~S, <br />that tht; <br />this llt>td <br /> <br /> <br />Lender may <br /> <br />Horrnw~r' " <br /> <br /> <br />(!fid the <br /> <br /> <br />pajtn;;;;i1r :1Jld <br />terti;1 <br /> <br />(:ut"t by <br />