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<br />83-004217 <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 cxtend, modify, forbear, or make any other accommodations with regard to the terms 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 thaI Borrower's interest in thc Property. <br />12. Notice. Except for any notice reqoired 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 certitied 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 decmed 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 Federallaw 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 />contlicting 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". "cxpenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable' law or <br />limited herein. <br />14. BOrrower's Copy. Borrower .hall be furnished a con!(,rmed copy of the Note and of this Deed of Trust at the <br />time of execution or after record at ion 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 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 Property. <br />16. Transfer of 1he. Property. If Borrower sells or transfers .all or any part of the Property or an interest therein. <br />excluding (a) the creal10n of a lien or encumbrance subordinate to this Deed of Trust, (b) a transter by devise, descent, or <br />by operation of law upon the death of a joint tenant, or (e) the grant of any leasehold interest of three years or less not <br />containin I!!LQPtipnto.purchase,'~rrower shall cause to be submitted information required by Lender to evaluate the <br />tr~' .6l'lI@WlJ6' . made to the transferee. Borrower will continue to be obligated under the Note and <br />this ',ases Borrower in writing. <br />l I. . ..alll'~ilformation obtained regarding the transferee. reasonablv determines that Lender's <br />sec~;itY;ay be impaired, or that there is an unacceptable likelihood of a breach of any co;enant or agreement in this <br />Deed of Trust. or if the required information is not submitted. Lender may declare all of the sums secured by this Deed <br />of Trust to be immediately due and payable. If Lender exercises such option to accelerate. Lender shall mail Borrower <br />notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days <br />from the date the notice is mailed or delivered within which Borrower may pay the snms declared due. If Borrower fails <br />to pay su<:h sums prior to the expiration of su<:h period, Lender may, without further notice or demand on Borrower, <br />invoke any remedies permitted by paragraph 17 hereo!: <br />NON,UNlfORM COVENANTS, Borrower and Lender further covenant and agree as follows: <br />17. Al't:eleration; Remed1el. I':xeept .... provided in parqraph 16 hereof, upon Borrower's breacb of any eovenlU1t <br />or agreement of Borrower ill tbil Deed of Trw;t, indudlngBon-Ower's fallu.te to pay, by tbe end of 10 calendar days after <br />tbe,y lU'e due, any sums seew:ed by this Deed of Trust, Lender priol' to acceleration shall give notice to Borrower 8ll <br />pnnided In paragraph 12 hereofspeclfylng. IU tbe breaeb; (2) tbe action required to cure such breacb; (3) a date, not <br />1_ tban 20 days from the date the notice iB mailed to Borrower, by ..bk.... sucb breach must be cured; and (4) that <br />failU(e to cure sucb breach on or before tbe date specifled In tbe notice may result In acceleratlon of tbe sums secured by <br />tbis Deed of Trust and sale of the Property, The notree sball further inform Borrower of tbe right to reinstate after <br />aceeleration and the rlgbt to bring a l"Oun action to -n the nonexlsteace of a default or any other defense of Borrower <br />to ae~atio.. and sale. If tbe breach iB not cured OD or before tbe date s~1fIed In the notice, Lender, at Lender's <br />o~on, may declare all of the sums secured by tbis need of Truat to be Immediately due and payable wltbout further <br />~d audmay invoke the power of sale aud auy other remedIea pennitted by applicable law. Lendeuhall be entitled <br />to collect JIll tea$ooable coats and upe_ incurred In p~1I111& the remedla provided In tbls paragraph 17, Including, <br />bUI not lu.lted to, reasonableattomeys' f_, <br />If the po_rof _.15 in~okecl, Trw;1ee shall rewrd a notice of default In each {:Gllnty in which the Property or some <br />parttbereof Is located and shall mail {:Gp/es of sucb notice In the manner preserlbed by applicable law to Borrower and <br />to the otber~.... plWCnbed by applicable Iaw.Artertbe Iapse,of such tUne as 1Ra;l'. bel'Cqulred by applicable law, <br />'frw!teesba1l ghe.pubIie notice of _ to the penoas and In the IIUUlner. prescrIbed b, applicable law. TrlI8tee,. without <br />demand 011 Borrower, sball well the PNpert.J at publle allCtloa to the ~t bidder at the time and place and under the <br />~ ~eci_iu the notk-e.uf sale h. Ga~ or more pcn:e!s a.ed in such order as Trustee IP-AY de~m1ne.. Trustee may <br />~1p'HIIL~.otal1oran, paReI of tbeP....peI1, by public annoUDcement at the time and place of any pre.iously <br />8C~Well... Len.r or Lender's designee may purcbase .theProperty at any .ale. <br />U~ nlllelpt of payment of t.bc pdce bid, Trw;t.ee sball deliver to the purchaser Trustee's deed conveying the <br />P.opedy.S<Itd. The reeilal$ in the Trustee's deed sball he prima faeleevidence of the truth of tbe statements made <br />theDlll. Tr~leeshall apply the prOl*lds of the _ in the following ordler. (al to all reasonable costs am! expenses of tbe <br />_. inchl.~ btat not limited to, Trustee 'a lees al:tually incurred of aotmore than ........,.... % of the gl'OliS sale <br />~ ~ ..~,.' f_eel COlds of tille evt~; (b) to all iUOlS secured b, tbls J.>eed of Trust; and (c) the ex. <br />ci!:u.If~J'. tot\lepemm or pem!usleaall, enti~ thereto. <br />18. ~!VIll".RJabt to ~tlUJl. NOl\l<'ithst;lnding Lender';; acceleration of the sums s~'Cured by this Deed of <br />Trust, due. toB9rrowet's bl'Cach, Borrower sballhave the right to have any proceedings begun by Lender to enforce this <br />~ ofTl'USt discontinu~'t:I at any time prior to the earlier to occur of (i) the tifth day before the .ale of the f'ropert) <br />PUl:Sua.nttothe power.of sale,'ontained in this Deed of 'frust or (ii) entry of a judgmenl enl()tdng thIS Oe..-d of Tru.t if: <br />(a.lft(.1'rowerpaysLender all sums which would be thcn due under this Deed ('I' Trust and the Note had no acceleration <br />(lCcutt~; (b}B9rrowcreurcs 1111 breaches. of any othercovcnl\llts or agreements of Borrower eontain~'d in th;" DCl-d 01 <br />T~t; (1;) aottower pays all reasonable expenses incurred by Leoder and Trustee in enforcing the covenants and <br />~r~nts of &m-ulO'er contained jnth.is~ ofTrusl and in enforcing Lender's and Trustce \ remcdies a. provided in <br />(!atagrli.Ph I1IM;re<'I~ including, tout nOllimited 10. reasouabie attorneys' lees; and \d) Borrower take. such action ", <br />~r ilillY reawllllbly r~uif\: to assure Ihat the licn of Ihis l)e,ed of Trusl. Lcnder', intercst in the Property and <br />lkwrowtr'scobligatioll to paytbe sums ,eeur(:d by this Deed of Trust shall C<.lntinue unimpaired. Upon ,uch pa,mcn! and <br />CUN by 8orrowllt, this Deed 0)' Trust lInd the obligations seeured hereby shall rcmiiin in iull f<>fee 'Illd effect a, if llO <br />lIccdetllti.>tj had tlccurn-d. <br />