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<br />83- OO'147A
<br />not personally liable on the Note or under this Deed of Trust, and (e) agrees that Lender and anyotherl3orrower
<br />hereunder may agree to extend, 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 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 ~ven in the manner designated herein.
<br />13. GMemlng Law; SeYel'ablUty, The state and local laws applicable to tllis 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 withoutthe
<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 />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. Tl1I8Ifer of tbe Property; Asumptioo. : If all or any part of the property or an interest
<br />therein is sold or transferred by Borrower without Lender's Drior written consent,
<br />excludinq (al the creation of a lien or encullbrance subordInate to this Deed of
<br />Trust, (b) the creation of a purchase !DOney security interest for household appl!";
<br />ances or (c) a transfer by devise, descent or by operation of law upon the death o~
<br />a joint tenant, Lender lIIllY, at Lender's option, declare all the sums secured by this
<br />Deed of Trust to be imlaediately 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 />whOll the property is to be sold or transferred reach agree_nt in wr iting that the
<br />credit of such person is satisfactory to Lender and that the interest payable on the
<br />SUllS secured by this Deed of Trust sball 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~s declared due. If Borrower fails to pay such
<br />SUllS prior to the expiration of such period, Lender may, without further notlce or
<br />demand on Borrower, inVOke any r~medies permitted by paragraph 17 hereof.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />17, AcceJeratlon; Remedlea. Ext'epi as provided In paragrapb 16 hereof. upon Borrower's breach of any covenant
<br />or agreement of Borrower in tbla Deed of Tl1Illt. includina Borrower'. failure to pay. by the end of 10 calendar days after
<br />they IInl due, any SlUDl secured by this Deed of Truat, Lender prior to acceleration dulll give notice to Borrower as
<br />provided In paraarapb 12 hereof specifying, I I I the breach; mlbe ...,Ilon required 10 cure such breacb: (3) a date. not
<br />leu than 20 days from the dale the notice is mailed to Borrower, by wbieb sueb breacb musl be cured; and (4) that
<br />failure 10 cure sucb breach on or before tbe dale specified In lhe notice may result In acceleration of the sums secured by
<br />tbl5 Deed of_Trust and sale of the Property. The notice shall furtber inform Borrower of the rigbt 10 reinstate after
<br />acceleration and tbe rigbt to bring a routt action to assert tbe none:risleDce of a default or any other defense of Borrower
<br />10 acceleration and sale. If the breac:b is not cured on or before Ihe date specified In the notice, Lender, at Lender's
<br />option, may declare all of the suma secured by thia Deed of Trust 10 be immedlat~
<br />dem...d and may Invoke the power of sale IUJd IUJY other remedlea permitted by appl tl
<br />to rolleel all reasonable coats and expenses lncuned in punulna lbe remediea proyl d I" '1ULa~" ~ ,
<br />but notllmlted 10. reasonable attorney.' feea. .._, '--~'_P"- _.'--~.", ,
<br />If the power of sale Is in yoked. Trustee shall record a noti~'e of defaull in each county in which the Property or some
<br />part lhueof b located and shall mall copies of sueb notice In the manner prescribed by applicable law to Borrower and
<br />to the other petSODI pRSCribed by applicable law. After tbe lapse of sucb time as may be required by applicable law,
<br />Trustee shall ghe publk notice of sale 10 the persons and in the manner prescribed by applicable la,,', Trustee, witbout
<br />demand on Borro""r, sball sell the Property at public allCtlon 10 the hlghe$t bidder at the time and place and under the
<br />terms designated in the notice of sale In one or more parcels &Ad in such order as Trus~ may determine. Trustee may
<br />postpone sale or all or any parcel of the Property by public announcement at the time and place of any previoualy
<br />scheduled sale. Lender or Lender's de$ignee may purchase tbe Property at any sale,
<br />Upon recelpt of payment of the price bid. Trustee shall deliver 10 Ihe purchL'ier Truslee's deed conveying lhe
<br />Property sold. The recital. in the Trustee's deed shall be prima facie evidence of Ihe [l'ulh of Ihe statemenl& made
<br />therein. Trustee shall apply the pro<<edo of the sale in the following order: lal to all rea.sonable cOIls and expense$ of the
<br />sale,lncludina, but not Umited 10, Trustee's fees actually Incurred of not more tban .... .NfI , . , , . . "'0 of the gro.. sale
<br />price, reasonable attorneys' fees and costs of title eviden~..,; (bl to all SUIDS secured by tbis Deed of Trust; and Ie) the ex-
<br />ceu, if any, 10 the penon or penons legally entitled thereto.
<br />13. Borrower's Right to Reinstate, Notwithstanding Lender's acceleration at the sums secured by thiS Deed of
<br />Trust, due to Borrower's breach. Borrower shall hay'e the right to have any procl'edings begun by Lender to enforce thiS
<br />Deed of Trust discontinued at any time prior to the earlier to Occur of lilthe fifth day before the ,ale of the Property
<br />pUt'1!uant to the power of sale contained in this Deed of Trust or (ii) entry of a Judgment enfotClng this Deed of Trust If:
<br />lal Borrower pays Lender all sums which would be then due under tillS Deed of Trust and the Note had no acceleration
<br />occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained In this Deed of
<br />Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforCing the c"venants and
<br />agreements of Borrower contained in this Deed of Trmt and in enforcing Lender', and Trmlee's remedIes os provided in
<br />paragraph 17 heret)f. lllcludiug. bUI not limited to, reasonable anorne}',' fee,; ,,,,d [d) Borrower lakes "h:h action as
<br />Lender may reasonably require to ""sure that the lIen of this Deed of TrusT. Lender's i!ltere't in the Property and
<br />Borrower"s. obhgatiDo to pay the soms. \1:t;'i.Jrcd by this De~d (If Trust !>ha1i .,:ontinue Un;rnp.11ftd Lpon \uch paynH~tH a.nd
<br />cure by Borrower. this Deed of Trust and tht ,)b1lga1Ions "it":cured herd1)' \hall rt"mam 1H tUl! ftjrc{' ;HHf effect a.\ if no
<br />acceleratiun had (1\;curred.
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