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<br />83...J.J 05106
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<br />not personally liable on the Note 0, .nder this Deed of Trust, and (e) agrees tl,~, Lender and any other Borrower
<br />hettunder may agree to extend, modify, forbear, or make any other accommodations with regard to the tenns 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 />U. Notice. Except for any notice required under applicable law to be given in another manner. (a) any notice to
<br />Borr_er 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 given in the manner designated herein.
<br />13. Governing LaW! Se.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 />15. Rehabilitation Lou 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, T.....er of the Property; A8UIllptlo... If all or any part of the Property or an interest
<br />therein ie sold or transferred by Borrower without Lender's 'prior written consent,
<br />excluding (a) the creation of a lien or encumbrance subord:l.nate to this Deed of
<br />Trust, (b) the creation of a purchase IllOney security interest for housebold appli";
<br />ances or (c) a tranefer 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 illllll8diately 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 agreeJllent in writing that the
<br />credit of suCh person is satisfactory to Lender and that the interest payable on tbe
<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 />per 1.od of not less than 30 day.. frOlll the date the notice is mailed or delivered
<br />within which Borrower may pay the g~ declared due. If Borrower fails to pay such
<br />SUlllS prior to the expiration of such period. Lender lIlaY, without further not1.ce or
<br />demand cn Borrower. invoke any remedies permitted by paragraph 17 hereof.
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<br />NON-UNifORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />17. Acceleratioa; Remedla. Except.. provided In paragrapb 16 hereof, upon Borrower's breach of any covenant
<br />or agreement of Borrower in thlo Deed of Trust, inclndInll Borrower's fallwe to pay, by the end of 10 calendar day. after
<br />they ...... due, any .nma .ecunod by thil Deed of Trust, Lender prior to acceleration shall give notice 10 Borrower aa
<br />pro.lded In plll'llllf&pb 12 hereof specifying: (I) the breach; (2) the ""don reqnlred to cure snch bre""h; 13I a date, not
<br />I.... than 20 day. from the date the notice is mailed 10 Borrower, by which sllch breach must he cured; and (4) that
<br />failure to ewe such bre""h on or before .he dale specified in the notice I!t~Y result in acceleration of the sums secured by
<br />this Deed at Tnut and sale of the Property. The notice shall further.iDfllml .lIPrwwer of .~e right to reinstate after
<br />acceleration ....d the right to hring a court ""tlon to .....,rtthe nonexialen~df a OiifaliltGlluy other defense of Borrower
<br />to acceleration and sale. If the breach is not cwed on or before the ;~: .~lfh,d'in' the ri:Ollce, Lender, at Lender's
<br />opllon, may declare all of the suml secured by this Deed of Trust to be Immediately due and payable ..ithout further
<br />demand and may Invoke the power of sale and aDY other remedlet permitted by applicable law. Lender shall he entitled
<br />to collect all reasonable coots and expe_ IllCUlJed in pursuln& the remedIa provided in thlo paraa.raph 17, including,
<br />but not limited to, .....onable alto",eys' fea.
<br />If the power of sale b Invoked, Trustee shall record a notice of default in each county In which the Property or some
<br />part thereof b located and shall mall copies of such notice In the muner pr..crihed by applicable law to Borrower and
<br />to tbe lither pano,," prescribed by applicable law. After the lap.. of such time.. may be required by applicable law,
<br />Trustee sball give publk notlce of sale to tbe pano... and In the manner prescribed hy applicable law. Trustee, without
<br />demand on Borrower, .hall selltbe Property at public auction to the hlghat hldder at the time and place and under tbe
<br />terma designated In the notice of sale in one or more parcels and in sucb order as T.....tee may determine. T.....tee may
<br />poatpone sale of all or any parcel of the Property by public announcement at the time and place of any previously
<br />scheduled sale. Lender or Lender's d..ignee may purchue the Property at any sale.
<br />Upon receipt of paymeat of tbe price bid, Trustee ,ball deliver to the pun:h..er Trustee's deed conveying the
<br />Property sold. The recital. In the Trustee's deed shall be prima facie evidence of the truth of Ihe statemenla made
<br />therein. Tr...tee sball appl, tbe proceeds of lhe sale in the foUowing order: lalto all r....onable costs and expens.. of the
<br />sale, including, but not limited to, Trustee'5 fees actually incurred of nol more 1han ,............ ~/a of the Jjrou saJe
<br />price, reaaonable anomeys' fees and costs of title evidence; {bi to all sums secured by tbi> Deed of Trust; and (clthe e~'
<br />ceu, if any, to the person or persons lepUy entitled thereto.
<br />18. Borrower's Rlgbt to Reinstate. Notwithstanding Lender's acceleration of the ,urns ,ecured by this Deed of
<br />Trust. due to Borrower'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 tilthe fifth day befme the sale of the Property
<br />pursuant to the power of sale contained in lhis Deed of Trust or (ii) enlry of a Judgment enlorcing this Deed of Trust if:
<br />ta) Borrower Pays Lender all sums which would be then due under this 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; (t) Borrower pa)"S ail reasonable expenses incurred by Lender and rrustee In enforcing the covenants and
<br />agreements of Borrower \''Outained In this Deed of Tru~t and in enforcing Lender'> and Trustee's remedies as provided in
<br />paragraph 1 j he-renL mduding., but not limited to. reasonable attorneys' ft'"es; and {dJ BOrfl)WCr takes s.ul.'h actlon .as
<br />Lender may F"t',a-sonahly fe-quire to ~,!i~ur(! that the Hen of this Deed of Trus.t. Lender's interest lfl the Pruperty and
<br />Bocfuwcr\ obligation it) pay tht ~ums senatu by (ht!! ffted ut frU::it shalll.:"unrinut' unimpaired l.'pon SIKh payment Jnd
<br />cutt' by 8.orrower, tins fked of f'rust and th(' oblIgations st:cured hereby "ihilil rt:'main ;n !uil fun:e and eHc-ct J-,o. If fW
<br />acceleration had (lCil.'urred,
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