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<br />83- OlJ5896
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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, 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 />11. Notice. Except for any nolice 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 given in the manner designated herein.
<br />13. G01'ernlal Law; SeYerabiUty. 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 ofthis Deed of Trust or the Note conmcts 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.scverable, 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. T....,... of the PropeJTy; A5ADlp1ioa... If all or any part of the Property or an interest
<br />therein is sold or transferred by Borrower without Lender's prior written consent,
<br />ext:ludil19 (a) the creation of a lien or encUlllbrance subordinate to this Deed of
<br />Trust, (b) the creation of a purchase llIQney security interest for housebold appli";
<br />aneas or (c) a transfer by devise, descent or by operation of law upon the death o~
<br />a joint tenant, Lender ....y, at Lender's option, declare all the sums secured by this
<br />Deed of Trust to be ilBediately due and payable. Lender sball have waived such
<br />option to accelera~e if, pr ior to the sale or transfer. Lender. and tbe person to
<br />whOla the Property ~s to be Geld Qr transferred reach agreement ~n ",riting that tbe
<br />credit of such person is satisfactory to Lender and that the interest payable on tt...
<br />sums secured by this Deed of Trust sball be at such rate as Lender shall request.
<br />If Lender exercise. 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 BUlliS declared due. If Borrower fails to par such
<br />sums prior to the expiration of such period, Lender may, without further not ce or
<br />demand on Borrower, invoke any remedies permitted by paragraph 17 hereof.
<br />NoN-UNIfORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />17. A~l Remedies. Enept as provided in paragraph 16 hereof, upon Borrower's breacb of auy coveuant
<br />or..........t of Bone... lu Ihis Deed of T"",I, lneludlne Borrower's failan 10 pay, by lhe end of 10 calendar clays af_
<br />!hey are due. aul sums HCU.red by lhIs Deed of Trust, Lender prior to ac""lerallon sball give noli"" to Borrower as
<br />plCWlded Ia panarapb 12 hereof .peelfylng. (II the breacb; (2) Ihe action required to cure sucb breach; (31 a cIale, Dot
<br />1_ than 20 cia,. from the cIate the Doll"" is mailed to Borrower. by whlcb such breach must be cured; aud (41 that
<br />fail..... to cure such brnch on or before the dale .pecified in tbe nolil'e may result In acceJeralion of the sums secured hy
<br />Ihis Deed of, Trust and sale of tbe Property. The noli"" ,ball further inform Borrower of the righl to reinstate after
<br />aeceleralion and the ri&ht to brine a COW'l aclion 10 ......... tbe nonexistence of a default Of IUIY other defense of Borrower
<br />a........... u...... . ,Ow ,_" ~ ~...., Ow"" ..... .....~
<br />option, may deeJ.re all of tbe .u.... _ured hy this Deed of Trost to be Immediate. .~,r-. .. l rt
<br />clemaud ...d may Iavoke !be power of .ale and any o!ber remedJ... pennlned by app ca~. I be II
<br />to collect all reuonable cools...d upenoeo lneurred In punulnc the remedleo proyl ,
<br />but nolllmlled to, ........nable altomeys' fees.
<br />If the power of sale lAlnyoked, Tnuaee .hall record a nolil'e of default in each county in which tbe Properly or .ome
<br />part thereof II located and ,hail ....:.' copies of sucb notice In the manner prescribed hy applicable law 10 Bonower and
<br />to the other penoas prel4'ribed by applicable law. After tbe lapse of .ucb lime as may be required by applicable Jaw,
<br />1nIatee shall &I'" public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without
<br />........ oa Bonower. shall sell the Property at public auetloa to the highesl bidder al tb. time and place and under Ibe
<br />IeIIDI desi&nated ill the oollce of sale in one or more pan.",ls and in such order as Trosree may d.termlne. Truslee may
<br />poatpoae sale of 1011 or any parcel of the Property by public Announcement at the time and place of any previo..ly
<br />oclaedtded sale. Lender or Lender's designee may purchue the Property at any.al..
<br />Upoa Neelpt of payment of the price bid, T......"'" sball deliver to tbe plllCh....r Trustee's deed conveying the
<br />Ptvpeny sold. The recilaiJ in the T.....Iee.s deed sball be prima facie evidence of the truth of the statomenll made
<br />thRein. Trustee shall apply the proceeds of the .aIe 10 ,he following order: ia I to all reasonable coslS and expenses of the
<br />sale,includlng,hut nolUmilecl to, Tr..tee'sfees aclua1ly incliuedornolmon: tha... ' .N'!-.,......, ..1. of the &ro.. sale
<br />price, reaooaable attomeys' f_ and COIls of lllle evidence; Iblto aU sums secured bythlA Deed of Tr...t; and (c) the ex.
<br />.,.., If...y. 10 the person or pet'lonslegally eolilled thereto.
<br />18. Borrower, RIght to Relll5tate. N{1lwilhsunding Lender" ac~e1cratlOll ))f lhe 'ums ,ecured by this Deed of
<br />Trust. due to Borrow.r's breach. Borrower <hall have the right w have any proceedings begun by Lender to enforce this
<br />Deed of Trost discQntinued at an)' time prior w the ea.rHer to occur Hf Ii) the tiflh day before the sale of the Property
<br />pursuut to the: power of s.alt contailH.'d in ~his Deed of Trusl ot. (Iil entry of a. JIJdgment enforcing this Deed of Trust if:
<br />iai Borrower pays Lender "II ;unu which woold be then due under this Deed of Tru>! and the NOle had no acceleration
<br />OI:alrre4~ (b) Borrower C-Urt::lj, all brel..che~ of any other covenants ,)f agreement$. 1,)( Borr.ower -.:~mtained In this Deed of
<br />Tr'"t~ ((;) BottOlA'ef pays ;lU rea,son.able expc:n$eS incurred b)" Lender and Tru!)tee In enfnn..'lOg the CI..lYen4nts and
<br />qree:ments of Bo-rrov.'er cu-ntalnet.i In thiS Deed of Trust a.nd In enf()fClng Lende('~ and 'f"rUs.tce'5 remedies as provided in
<br />pvqraph 17 hueof. inciudln~. but not hnHted to. reasonah.it; Ath.Jrneys' tees; J.nJ \(..1; BOHvwer takes. such actlon as
<br />Lender ma.y rt~\o",abiy r~quu'(' tu .iu),ure thai tile hen III tins tJe":;il ,A Tru;H, Lender"'} HHeresl m the Ptoperty ;lnd
<br />Borrower', t~.h8auvn to paf rh~ '.dUII$. ,f)el,,'un:d o,Y rhu D~~j ut Trus.t ~haJ:l t:ontlI1u,(" UIHmpalred Cpon 'iliCit pajme,rH J1.lld
<br />CU.f"ti by &mWl<~t. thi; Dttd vi frUit and the ;'Jbhgahvn:-; :ie-('"!.Hed hereh~' ,,:-\;111 r~rnall1 m tuP hm..'c ,Hh1 effect as lf nO'
<br />-lk.~-ah(m had (~-("urred.
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