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82--~~1)3~~. <br />nor personally liable an theNote or under thisDeed ofl'rust. and (c! agrees that Lender and any other Burrower <br />hereunder rosy agree to extend, modify; forbear, or make any other accummadations with regard to the terms of this <br />Deed ofTrustoe the Note; withourthat Borrower's consent and without releasing that Borrower or modifying-this Deed <br />of Trust as to that Borrower°s interest inYhe Property. <br />12. Notice. Except fbr any notice required anderapplicable law io be given in another manner (a7 any notice u, <br />Borrower provided for'in this'Deed of Trttst shalCbegiven'bydelivering it or by mailing such notice by certified--mail <br />addressed to Borrower at the Property:Address arat such otheradd*ess as $orrower may designate by notice o [.ender <br />as provided herein, and`(b) any nonce to Lendef 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 praWided for in this <br />Decd of Trust shad be deemed'to have been givento Borrower or Lenderwhen given is the mannerdesignated herein. <br />13. Governing Law; $everability, The state and loi:allaws applicable to this Deed ofTrusf shall be the laws of the <br />jurisdiction in which the Propert}• is Ipcated. The foregoing sentence shall not limit the applicability of Federal law. [o <br />this Deed of Trust. n the event that any provision or louse of this Deed o€ Trust or the Note conflicts with applicable <br />law, such conflict shall not affect other provisions of this Deed of Trust orthe Note which can be given effecrtvithout the <br />conflicting provision, and to this end the provisions of ttiis Deed of Trust and the Note are declared to be severable. As <br />used herein;."costs". "expenses"and "att~rneps'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 ar the <br />time of execution: orafrer recordationhereof. <br />15. RehabiBtation Loan Xgreement. $orrower shall fulfill alLof Borrower's obligations under any home rehabilita- <br />tion; improvement; repair or otherloan agreement w~hictt Borrower enters into with herder. Lender, acLender's'aption, <br />may,require Borrower o execute and deliver to Lender;'in a form acceptable o Lender, an assignment of any rights, <br />claims or defenses which Borrower mav_have against parties who supply tabor; materials or services in connection with <br />improvements made tothe Property.: <br />16. Transfer of the Property. If $orrower sensor transfers all'or any part of thePropem~ or an interest therein:- <br />excluding takthe creation of a lien or encumbrance subordinateSo'this Deed of T'rust;:(b) a transfer by devise, descent: or <br />by operatiomof law uponYhe death ufa joint tenant, or (c) the grant of any1easehold interest of three tears or less'not <br />containing an option'topurchase. Harrower shall cause to be ubmirted informatiaarequired by Lender to'evaluate the <br />transferee ai if a new loan were being made to thesransferee: Borrower will continue to be obligated underthe Note and <br />this-Deed a£Trusrunless bender releases BotTOwer nwriting. <br />If Lender.: on the basis of ang information obtained regarding [htransferee: reasonably determines that Lender's <br />security may. be impaired. orthat-there is an unacceptable Jikelifiooi of ; breach of any : ot•enant or agreement. in this <br />Deed of`d'rustr or if the required information is nuf submitted, Lv_nde't"~ay d~ciare all of fhe sums ecured' by this;Deed <br />ofi-Trust to be immediately due aotl~rayable: If fender ecercises sutfiEe~`sNUn t~ aceelefata: Lender shall mail Borrower <br />notice of acceterationin accordance with paragraph 12 hereof Such notice shall provide a pericxi of not less) ban .i0 days <br />from the date he notice. is mailed or delivered within: which Botrawer may pay the sums declared due. IP t3orrowerfaiis <br />to. pay such ums prior to the expiration nfsuch period, Lender may, without further notice or demand on Borrower„ <br />im~oke anyremedirs permitted byparagrapfi 2 Thereof.' <br />No:v-UMFORM CovEtan^tTS: Borrower and Lenderi'urther covenantand a>;reeas follows: <br />17. Accekttation;'Retnedia. Except as provided to paragraph 76 hereof, upon Borrower's brettch ofany covenant <br />or agreemetotof Borrower is this Deed of Trust, inclnding Borrower's fs:Iure to pay.; by the end of 10 calendar days after <br />they'.. are rise, any slttos secured by this Deed of Trust; Lender prior to acceleration shall give notice to Borrower as <br />provide) in paragraph 12 hereoCSpecifying: (l) tbebreach; (2! the action regaieed to-cure such breach;;i3) s date, not <br />les'than 20 days from the date the notice is mailed-to Borrower, by which such breach must be cured; and 14)4hat <br />failure to cure such breach on orbefore the date specified in the notice may result in acceleration of the sums secured by <br />this: Deed of'Trast sari sale of the: Property. The notice shall further inform Borrower of the right to reinstate after <br />acceleration sad the'righl to bring a court action to assert the nonexistence of a default or any other defense oG Borrower <br />to acceleration and sale. u the breach is noC cured on or before the date speciRed in the notice, Lender, at Lender's <br />option, mar' declare all of the sums secured by this Deed of Trust to be intmedlately due and payable without further <br />demand and may invoke the power o[ sale and atoy other remedies permitted by applicable law. Lender shall be entitled <br />to croilect all reuonabk costs aed rxpettses iacarred in pursuing the remedies provided in this paragraph 17, including, <br />but not Ilmitcd lo, rcasooabk attorneys' fees. <br />2f the power of sale is invoked, Trustee shall records notice of default in each rnunty in which the Property or some <br />part thereof is iopted and shall mail copies of such notice in the manner prescribed by applicable law m' $onower and <br />to the other persons preuribed by applicable law. After the Ispse of such time as may be required by applicable law, <br />Trusts shall Rive public notice oC sale to the personatsnd in the manner preuribed br applicable law.'I'rustee, without <br />demand oe Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the <br />terms designated io the na[ice of sale in ane or mareparcels sari in sne6 order u "Trustee may determine..Trustee may <br />postpone salt of all or anv parcel of the Prope~.ty 6y public announcement al tite time and place of any previowl} <br />schedukd salt.. Lender or Lender's designee rosy purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shaU.deiiver toYhe purchaser Trustee's deed conveyingtha <br />Property sold. 'Che recitals in the Trustee's dced shall be prima facie evidence of the truth: of the: statements made <br />therein. Tru-tce shall apply the proceeds of the sale in the foL'awing order: (a) to all reasonable costs and expenses of the <br />sale, including, but not limited to, Trustee's Fes actually incurred of not mote than :..I`t .°f, l.... % of the gross sale <br />price, reasonable attoenevs' (ees and costs of title evidence; (bi to all sums secured by this Deed of Trust; and ic)tbcex- <br />csys, if any, to the person or persons Irgally entitled [hereto. <br />I8. Borrower's Right [a Reinstate. Notu;[hstandin~; lender"s accetccation of,ihe sums sCCUred by Yhts Deed of <br />Trust, due to 13urrow~er~s breach, Borrower shall have the right to hair sny.,prtxecdings oegunbyLender ti~~nfurCC.[#is. <br />fh:L~ of Trust discontinued .,. any time prior to the earlier to r~ccur of ti) the fifth day bet-vie the sate of the 1'rngerty... <br />pursuant to the po•e~cr of sale wnt,inc 1 in chic t7Led or '; rust or iii) eotn .,f a judgmanl aiinrcin~y Fhis Drctf of.Tru~r it; <br />la) Borro",e._r pays Lender all v.ms •ahich would br then riot under ii',ta llead tiP`rrust and the 2v.!te bud nu accelrr~;ion <br />xcurruk ibi Boaoucr cur. a3i brc~chet. r.'..,ny othetcuvenants or ~4rezmenis of Bqr vacr c'ontainsvJ tat thin Itcc~1 of <br />!'rust; fcl Borrower pa}^, a!i rc:~c~uahi: c~ciktue, ineurred:hy L,endrr and Trustee in enfi~rcing tJle cov~n.int; avid <br />agrccmcnts nl Borrou~era~ntutnecl i~ this ll~e3 0! (rust andin cni~treinfy[xntler's and 'rrustee'sremcdies as ptkwtd_<i in <br />paragraph 1' h icof, inclcli:~g. but not_)mitcd tea. reas<~oabie attcirneys'.fees, :nrdtdY Borrower rakcssuch a-~tV~~u a <br />L.endtr racy re a.,onablp rca etre [o amore [hat the Hen. of this peed of trust, I,ent3er's ixn crest to tl:c Prerperty~ attri <br />S<~rr<<u~er's oblLgation :v pati t hrsurts secured by this Lhed tsF Crust nhalla~rainucpturflpaire,l. LPp.>xr such ya nn ;t..~!:3d <br />care h Borrt~wcr. t!~is 1?e~:'. ,f Trust and the obligations xecurml berth}' -efia11 remsiat ,n 'oh f'vi. ~: and cf1c.-t as if nv <br />- uecelcrationhaGnccatrcii. <br />