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<br />84 -- 002902
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<br />not personally liable on the Note or under this Deed of Trust. and (c) agrees ,.._, Lender and any other Borrower
<br />hereunder may agree to extend, mudify, forbear, ar make any other accommodalions 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 10 be given in another manner. (a) any notice to
<br />Borrower provided for in this Deed of TrusI shall be given by delivering II or by mailing such notice by certified mail
<br />addressed to Borrower at the Property Address or ~t such other address as Borrower may designate by notice to Lender
<br />as provided herein. and (bl any notice to Lender shall be given by certified mail to Lender's address stated herein or to
<br />su~h 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 hereiJL
<br />13. GoyernlDg Law; SeyerabllIty. The state and local laws applicable to this Deed of Trust shall be the!awsofthe
<br />jurisdiction in which the Property is located, The foregoing sentence shall not limit the applicability of Federal Jaw 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 Ihe Note are declared to be._rable. As
<br />used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applic:able 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. Rebabl1ltation Loan Agreement, Borrower shall fulfill all of Borrower's obligations under any home rehabilita-
<br />tio'l, 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 agamst parties who supply labor, materials or services in connection with
<br />improvements made to the Property,
<br />16. T""er of Ibe Property; ADumptiOL If a~~ or any part of the Property or an interest
<br />therein is so~d or transferred by Borrower without Lender's )?rior written con..nt.
<br />exc~udinq (al the creation of a ~ien or encumbrance subord1.nate to this Deed of
<br />Trust. (b) the creation of a purchase l1IOney security interest for household appU-'
<br />anceS or (c) a transfer by devise, descent or by operation of law upon the death o~
<br />a joint tenant, Lender may, at Lender's option, declare a~~ the SUlllS secured by this
<br />Deed of Trust to be illllllediat.L.l.Y due and payable. Lender shall have waived such
<br />option to accelerate if, prie,," to the sale or transfer, I.ender and the person to
<br />whoa the property is to be so~d or transferred reach agreement in writinq that the
<br />credit of such person is satisfactory to Lender and that the interest payable on the
<br />SUlllS 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 paraqraph 12 hereof. Such notice shall provide a
<br />p.,'riod of. not less than 30 days from the date the notice is mailed or delivered
<br />W1.th1n wh1ch Borrower may pay the sUl\ls declared due. If Borrower fails to pay such
<br />sua prior to the expiration of such period, Lender may, without further not1.ce or
<br />demand on Borrower, invoke any r~medies permitted by paraqrapn 17 hereof.
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<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />17. Acceleration: Remedi.... Except.. provided in parllllrapb 16 bereof, upon Borrower's breach of aay co_t
<br />or qnetIl_t of Bonower in tbis Deed of Trusl, including Borrower's failure to pay, by the end of 10 cal_dar daya after
<br />they are due, aDY sums secured by tbis Deed of Trust, Lender prior to ""celeration sball give notice to Borrower aa
<br />proYlded in paragraph 12 bereof specifying: (l) the breacb: (211he ""tion required to cure such breach; (3) a dale, not
<br />1_ than 20 days from the date tbe notice is mailed to Bonower, by wbich sucb breacb must be cured; and (41 that
<br />failure to cure such breacb on or hefore the dale specified in tbe notice may result in acceleration of tbe SUItUl secured by
<br />this Deed of. Trust and sale of the Property. The nodce shall further inform Borrower of the rigbt to reinltate alter
<br />aeceleration and tbe rigbt to bring a court actiou 10 assert tbe nonexistence of a default or any otber defense of Borrower
<br />m"""""" ......... IT .... ,..... . ~ _, 00 ~ '".- ... ..... .'"'~
<br />option, may declare all of the sums secured by tbis Deed of Trusl to be immedia fa
<br />demand lIIId may invoke tbe power of sale and any other remedies permitted by a Ii .... . I . .
<br />to collect all rasonable costs and expenses IDcurred in punuing the remedies pro ...
<br />but not limited to. rasonable attorneys' fees.
<br />If the power of sale is invoked, Trustee shall record a nodce of default In each county In which tbe Property or some
<br />part thereof is located and shall mail <'Upies of such notice in the manner prescribed by applicable law to Borrower and
<br />to tbe other persons prescribed by applicable law. After lbe lapse of sucb time as may be required by appllcable law,
<br />Trustee sballgiYe public nodce of sale to the persons and in tbe manner prescribed by applicable law. Trustee, wilbout
<br />demand on Borrower. shall sell tbe Property at public auction 10 tbe bighest bidder at tbe time and place and UDder the
<br />terms designated in tbe notice of sale in one or more parcels and in such order as Trustee may determine, Trustee may
<br />postpone sale of all or any parcel of the Property by public annOUDcement at the time and pi.... of any previo..ly
<br />scheduled sale. Lender or Lender's designee may purchase the Property a. any sit/e.
<br />Upon receipl of payment of tbe price bid, Trustee shall deliver to the purch..er Trustee's deed conyeying the
<br />Property sold. Tbe recitals in tbe Truslee's deed shall be prima facie evidence of the Irutb of Ibe statements made
<br />therein. Trustee sball apply the proceeds of the sale in .he following order: lal to all reasonable costs and expenses of the
<br />sale, including, but not limited tQ, Trustee's fees actuad:y incurred of not more (han ... ~~ . . . . . . . . % of the grof~ f:"Je
<br />price, reuonable attorneys' r..,. and costs of title evidence; ibl to all sums secured by this Deed of TrU5t: and (cl the ex-
<br />cess, jf any, to the person or persons legally entitled therelo.
<br />18. Borrower's Right to Reinstate. Notwithstanding Lender's dcceleration vf the ~ums secured by this Deed of
<br />Trust. due to Borrower's breach, Borrower shall have the fight to ha...'e any proceedings begun by Lender to enforce this
<br />Deed of Trust discontinued at afl~ time prior 10 the earlier to occur of (illhe fifth da~' before the sale of the Property
<br />pursuant to the power of <;ale l:lmtained in this Deed of Trust or t..ii) emr)' 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 Trw~[ ilnd 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 expen~es incurred by Lender and Trustee in enforcing the covenants and
<br />agreements of Borrower contained in this Deed of Trust and In cnfOfl'ing Lender'" and Trustee's remedies as provided in
<br />paragraph 17 hereof. induding. but not limited to, rea:,.onable attorneys' fees; and (d) Borrower Likes such action as
<br />Lender may reasonably require 10 a5sure thal the lien of thl~ Deed uf Trus.t. l....cnJer.,~ mterest !Tl lhe Property and
<br />Borrower'~ obligation to P:IY tilt; ~llfTlS secured hy ~hi~ Deed '_-,j Trwil \hal: nllliHlUt: l.iDlmp.ufc-d L;pon sUl:h payment and
<br />cure by Borrower. this Deed of Trust :lfid the obl1gations ~cl;ufed hen'by ...hall n.;IH<i!n in lull IUfCC and dfect as jf no
<br />a~celeratlQn had ()(:(urrcd.
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