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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, forbeaz, or make any other accommodations with regazd 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, (aD arty notice to <br />Borrrnver provided focin this Deed of Trust shall.6e given by delivering it or bgmailing such notice by certified mail <br />adtlressed.to Borrower at the Property Address or at such other address as.Bortower may designate by notice to Leader <br />as provided herein.. and (b) any nodceio Lender shall be given by certified mail to Lenderi address stated herein or Yo <br />such other address as lznder may designatrby.notice to Borrower as provided herein. Any notice provided for in this <br />Deed of Trust shalt be deemed to have been given to Borrower or Lender when given in the:manner designated herein. <br />13. Gmerntng Lawl SererabWty. The state and local laws applicable to this Deed of Trust shall be the laws of the <br />}trrisdiction %n which the Property is located. The foregoing sentence shall not I'unit the applicability of Federal law to <br />this Deed. of Trust. In the event. that any prevision or clause of this Deed of Trust of the Note rnnflicts with applicable <br />law, such rnnflicCShall not affecrother provisions of this Deed of Trust or the Note which can be given effeM without The <br />rnnflicting 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 />I4. Borrower's Copy. Borrower shall be furnished a rnnformed wpy of the Note and of this Deed of Trust of the <br />time of execution or after rernrdation hereof. <br />15. RehahNtsttlon Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilita- <br />tion, improvement, apair or other loan agreement which Borrower enters into with Lendcr. Lender, at L,ender'soption, <br />may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights. <br />claims ordefenses which Borrower may have against parties who supply labor, materials or services in connection with <br />improvements made to the Property. <br />16: 1'rartdaof thrPmPeetr Aa~pfos. ~ If all or. any part of the Property oz an interest <br />thessin is sold cr transferred by Borsorer without Lender's prior written consent, <br />excludes (a) the creation of a lien oz encumbrance subordinate to this Deed of <br />Trudt, (6) the citation of a purchase money. ascurity interest for household appli- <br />antes oz (c) a transfer_by dwise, descent oz by operauoe of law upon.. the death og <br />a joint tenant, Lender may, at Lender's opption, declare all_the sues: secured by this <br />Deed o! Trust_ to be iismediately due and payable. Lender shall have waived such <br />ooQpti.on to accelerate if, prior to the sale oz transfer, Lender and the person to <br />wheat the Pcopertp' is to be sold or ransferred reach agreeaent in writing that the <br />credit of such person is satisfactory to Lender and that- the interest payable an the <br />silos secured by, his Deed of Trust shall be at such rate as Lender.. shall request. <br />Zf.Lender exercises ouch oction to accelorate, Lender shall toail Borrower notice of <br />acceleration in accordance with paragraph 12_hereof. Such notice shall provide a <br />period of riot less than' 30 deryys , from the date the notice is mailed or delivered. <br />within which Hot:rorer may pay the corps declared due.. If Borrower fails to pax such <br />suers' priot. to the etcpiration o! such period, Lender .may,. wi bout further not>,t:e or <br />demand: on Borrower, invoke: any remsdi:es;permitted by paragraph 17 hereof. <br />NON-UNIFOttM COVErtpn'I's. Borrowerand I,endetfttrther covenant and agree as follows: <br />17. Accekratioo; Remedies. Eiceptas provided In paragraph 16 hereof, upon Borrower's breach of any covenant <br />orasreemeut of Borrower is this Deed of Trost, i~ladiog Borrower's failtrre to pay, by the end of 10 cdendazdays after <br />they are dw, soy-.lams secured by this Deed of Trnat, I,eoder prior io acceleratlon shall give-notice to Borrower as <br />proHded is paragraph 12 hereof spedfyings (1) thebteach; (2) the actlogregnired to care such breach; (3} a date, not <br />Iess+than 20 days from the date the aotltx is matkd to Borrower, by ivhich snch brear6 mmt be cared; asd (4! that <br />fatlore to care oath breach os orbefore the date species the notltt ma result. in actt)eratlon of the sums secured by <br />thb Deed oGTrast end sale of the Property. The no r of the. right to reinstate after <br />acceleration and thrrightto being a court actlon to asNeti7~i~-ttoft anyother defense. of Borrower <br />to acceieratkn sad sda.If thr breach. is sot. eared on° the notice, Lender, at bender's <br />optlan, may declare all of the soma secured by this Deed of Trssr to,be immediately dne cud parable without. farther <br />demand and may invoke the power of saleasd say other remedies permitted b7 applicable law. Lendershall brentitled <br />to collect aB reawnabk costs aced expesses iacorred In pannlog theremedka provided iu this paragraph 17, Including, <br />bat. ~rlhoited to, ieasosabk attorneys' fns. <br />If the power oisaleis invoked, Trmtee shall record anotMe of default [n each county in which the Property or same <br />part. thereof is located and shall mail copies;of sack: sotlce in the manser prescribed by applicable [aw to Borrower and <br />to theother peeaom prescribed h~-appBcahle law. After tlse lapse oEsuch time as may be ngaired by applicable law, <br />Trwtee shall give pabilc notlce of sak to the penonaand in the moaner.. prescribed by app)icable law. Trustee, without <br />demand on Borrower, shall sell the Prnperly at pablicastctlon to the hlghest:bidder atthc tlmrsnd place aced under-the: <br />terms: designated (s the notice of sale in one or morn parceb and is such order as Trustee may determine. Trustee may <br />pestptttx sale of all or asy parcd.of the Property by Public announecment at the time sad place of any previously <br />scheduled sale. Lender or I,ender'a designee may purchase thrProperty at any sale. <br />Upoe receipt of payment of the pries bid, Trmtee shatl deliver te:the purchaser Trustee's deed conveying. the <br />Pesperry sold. The recitals in the Trustee's deed shall be prima facie evidence of thr truth of the statements made <br />therein. Trastes ahaB apply the proceeds of the sale in thefoBowing order: (a) to all reasonabk cosh and expenses of the <br />sale, isxludhig, but not limited to, Trustee's fees actually incurred of not more Shea .. ?~ ........ % of the;gross sale <br />price, reasooabk attorneys' fees and cosh of title eride~e; (b) to all Sams xcured by this Deed of Trost; and (c) the ea- <br />ceas, if aey, to the penos or penans legally entitled theroto. <br />18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of <br />Trust, due to Boaower's breach. Borrower shall have the right to have any proceedings begun by 'Lender to enforce this <br />Deed of Trusb,discontinued at any time prior to 4he earlier to occur of (i) the fifth day before the sale of [he Property <br />pursuant to the powerof sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: <br />(aTBonowetpays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration <br />"' occurred; (b) Borrowercures all breaches of any other covenants or agteemenis of Borrower contained in this Deed of <br />Trust; (c) Borrower pays. all reasonable expenses incurred by Lender and Trusiee in enforcing the covenants and <br />'agreements of Borrower contained in4his Deed of Trust and in enforcing Lender's and Trustee°s remedies as provided in <br />paragraph llhereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such aetian as <br />bender may reasonably. require to assure thak the lien of this Deed of Trust. Lender's interest in the Property and <br />` Borrower's obligation to pay the sums secured by this Dedd of Trust shat; continue unimpaired. Upon such payment and <br />cure by Borrower, this lleed of Trust and the obligations secured hereby shall remain in full force sad effect as if no <br />acceleration had occurred. ' <br />