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<br />83- 004470
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<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, ulodify, forbear, or make any.other accommodations with regard to.the terms .ofthis
<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. Nodce. 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 ,liven in the manner designated herein.
<br />13. GovemlngLaw; Se1'erablUty. 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 />IS. RehablUtatlon 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. Tnasterof!be Property: A5AIDlpdoa.,~ If all or any part of the Property or an interest
<br />therein is sold or transferred by Borrower without Lender I s 'prior written consent,
<br />exclUding (a) the creation of a lien or encumbrance subord1nate to this Deed of
<br />Trust, (b) the creation of a purchase 1IIOney security interest for household appli":
<br />ances or (C) a transfer by devise, descent or by operation of law upon the death of
<br />a joint tenant, Lender may, at Lender's option, declare all the sums secured by this
<br />Deed of Trust to be illllUdiately 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 />whoa the Property is to be sold or transferred reach agreement 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, Lender 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 s~ declared due. If Borrower fails to pay such
<br />sums prior to the expiration of such period, Lender may, without further not1ce or
<br />demand on Borrower, invoke any r~medies permitted by paragraph 17 hereof.
<br />NON-UNIFORM COVENANTS. Borrower and Lender funher covenant and agree as follows:
<br />17. Acceleration; Remedle.. Except as provided In paragraph 16 hereof, upon Borrower's hreach of any C01'enant
<br />01" agreement of Borrower In thIa Deed of Trust, includina Borrower's failure to pay, hy the end of 10 calendar days after
<br />they are due, any SIlDll secured by thIa Deed of Trust, Lender prior to acceJeration shall give notice to Borrower as
<br />pro1'lded In paragraph 12 hereof specifying. (1) the hreach; (2) the action required to cure such breach; (3) a date, not
<br />1- than 20 days from the date the notice is mailed to Borrower, by which such breach mast be cured: and l4) that
<br />failure to cure such breach ou or before the date specified In lhe notice ma)' _u1t In acceleration of the sums secured by
<br />thIa Deed of.. Tl'1IIt and sale of the Property. The nodce shall further Inform Borrower of the right to reinstate after
<br />KCderatlon and the right to brin, a court action to asaert the nonuistence of a default or any other defense of Borrower
<br />to acceleration and sale, If the breach Is not cared on or hefore the da~.:=::,:..n ~e._,notice,Lender, at Lender's
<br />option, lDay declare all of the sums secured by thll Deed of Trust to be . ... out further
<br />demand and may Invoke the power of sale and any other remedJe. permitted ')':.aI~ 1iirIiiI!rb.. ders I bJ entided
<br />to collect all reasonable COlItI and expeDSel Incaned In pu.nulna the remedlea~ udlng,
<br />but not limited to, reuonable attorney.' fees. --
<br />U the power of sale Is Invoked, Traatee sball record a notice of default In each counly In which the Properly or some
<br />put thereof Is located and ahaJJ mall copies of sucb notice In the manner prftCribed by applicable law to Borrower and
<br />to the other persona prescribed by applicable law. After the lapae of sucb time as may be required by applicable law,
<br />Trustee shall &lYe pahIJc notice of sale to the penons and In the manner prescribed by applicable law, Traatee, without
<br />demand 011 Borrower, sball sell the Property at public auction to the highest bidder at the time and place and lindeI' the
<br />terma designated In the notice of sale In one or mon pan:els and In such order as Trustee may determine. Trustee may
<br />puatpone sale of all or any pared of the Property by public announcement at the time and place of any pnvloualy
<br />scheduled saJe. Lender or Lender's desia:nee may purcb_ the Property at any sale.
<br />Upoa ~pt of paymmt of the price bid, Trustee shall deliver to the purchuer Trustee's deed conveying the
<br />Property sold. The recital. In the Trustee'. deed sball be prima facie evidence of the truth of the statement. made
<br />therein. Tl'Ultee shall apply the proceeds of the sale In the follOwing order: (a) to all reasonable costs and expenses of the
<br />sale.lncbldJna, but not limited to. Trustee's fees actnally Incurnd of not More than ............. % of the gross sale
<br />pM, -.able attorneys' fees and costs of title evidence; (h) to all sums secured by thil Deed of Trust; and (c) the ex-
<br />,*,,If any, to the penon or pelSOm leaall)' eotit1ed thereto.
<br />IS. Bonow." R1abt to ReInstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of
<br />Trusl, due to BoJTOwer'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 of the Property
<br />pursuant to the power of sale contained in this Deed of Trust or (jj) 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 />ll9CUrred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of
<br />'frust; (c) Borrower pays all reuonable ex:penses ill(:urred by Lender and Trustee in enforcing the covenants and
<br />~enls of BotTower contained in this Deed olTrust and in enforcing Lender's and Trustee's remedies as provided in
<br />puaanph 17 hereof. including. but not limited to. re~onable attorneys' fees; and (d) Borrower takes such action as
<br />(.endn may reasonably rt'quire to assure that the lien ()f this Deed of Trust. Lender's interest in the Property and
<br />~r'. obligation to pay the sums secured by this Detd ot Tru.st shall continue unimpaired Upon such payment and
<br />c'.tJ'e by Borrower. this ~ of Trust and the obligations secured hereby shall remain in fullloree and etTe~.t a. if no
<br />&lX'\llerati<m !wi roxurred.
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