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82--~~r,~~~~ <br />e not personally liable ott the Note or under this Deed of Trust,.. and (c) agrees that [.ender and any. other Borrower <br />- hereundermay-agree to extend, modify,-forbeaz, or make any other accommodations with regard to3he terms of this <br />_ Deed of Ttvst orthe Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed <br />oETrtut as tothat Borrower's interest in he Property. <br />12. Notice. Except for any notice requitrd 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:4ddress or-atatuh other address as Borrower may designate by notice to Lender ' <br />asprovitied herein, and (b) any'notice to Lender hall be given by certified mailto Lender's address stated herein or to <br />such other address as Lender tnay designate 6y.notice to Borrower as provided herein. Any notice provided for in this <br />Deed of Trust shall be deemed to have been given#o Borrower or Lender when giren in the manner designated hereia. <br />13. Goveenlos Lawt-Severabillty. The rate and loco) laws applicable to this Deed of Trust shall be the laws of the' <br />}urisdution' in which the Property is tocaied. The foregoing entence shall not imit the app-icability of Federaf law to <br />this Ihtd of Trust: In threveht that any prevision or'clause of this Deed of Trust or the Note rnnfliMS with applicable <br />law, such conflict shaF not affeM other provisions of th)s'Deed bf Trust'orthe Note which can be given. effect without the <br />conflicting. provision,:and to this end theprov)sions ofthis Deed of.Trust and' he Note are dcelared to`be se;•erable. As <br />used herein. "costs'',.. "expensei 'and ''attorneys' fees" include all sums to the extent notprohibited by applicable law or <br />limited:herein. <br />- 14. Boeeo~rer'a' 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. RehabiBtatbn Lnea Agreemeet. Borrower shall fulfill al] of Borrower's obligations under. any home rehabilita= <br />tion,Smpt»vemenf, repair or other loan agreement which Borrower enters into with Lender. Lender, aYLender's option, <br />may require Borrower to execute and deliver to Lender. in a farm acceptable o Lender, an' assignment of any. rights, <br />claims or defimses which Borrower may haveagainst'parties whosupply labor, materials or services inconnection with ' <br />improvemenu made arthe Prape~ty. <br />16. Trasafaof tM?repbeey: Atwmpies..~ if all oz any part of the Property or an interest, <br />tlt~raie'is wld os trsnsferrad by Horrotter rithotrt Lender's pprior written consent, <br />exclud (a) the creation of a lien or encursbrance subardittate to this Deed of <br />?rust, (b) tlu creation of a puretusa nonay security interest for housahold'appli= <br />ancss or (c) a transfer by dtevise, descent or by .operation of lac upon the death of ' <br />a joist ta~uat LanGsr asy, at Lender's opption, declare all thr sues secured bbyy.'.this <br />Deed ot`2'rust to be iasadiately due and payable. Lander shall have waived uch <br />oopption to atxelerate i!, prior to the sale or transfer; Lender and the person to <br />r6o~ the Property is to be sold or transferred mach agreeaent in writingg that- the <br />reedit of such person is setistactory 20 Lender and that the interest payable on the <br />stm secured by. this Deed' of Trust shall be at such :rate as Lender >shall request. ' <br />If Letlder euresss such option to aceelersita, Land*[ shalt tsai:l Borzorer notice of <br />"acceleration in'accocdanca claret paragraph` 12' hereof. Such"notice.-shall provide a <br />period of trot 'lass-than 30 days from the-date-t:he notice is trailed or delivered <br />rititin rhich Honorer say pay the scarp declared 'due. If HOrrover fails to pa ouch <br />stems~~ prior to the ettpiration of web, period, Lender tray, :without further notice or <br />detsand on Horrotser, imok• any :seedier pernittsd,by paragraph 17`heceaf. <br />... - <br />NON-UNIFORM: COVEN,u~iTS. Borrower and Lender f»rther covenaatatd agree as follows: <br />17. At~ceieeetisa; Retasdis. Except as pro-ltied in psragnpb i6 6eesof, upon Borrower's breach of any corenaor <br />ar ~wsss~ of 9aeeetrer is'tbla Dssd of Trot, Iadadisg Barrotsstr's fellers to pa', by for eod of 10 cakadar dsya titer <br />they eta ties, asy rasa eec*esd by tbL Deed of Trtrt, Leeds prior to aceclseatioo shall Mire no8cr to Borrower n <br />presided to psrttgeap6 12 bsrwf spad[y)etgt {]l t6s.brsac6; {21 tttt acNos tegaieed to care sock btescit; i3) a date, not <br />Iws tbtta 2() days boa the dau the aotlee is mailed to Borrower, by whkb each breech mwt be cared; and i4) that <br />Foliose to ceresuc6 breach on or before the dst2 specified in the rtotlce msy tesu{tin acccleratloa ai thesums secured by ', <br />thla Dsed o[.Trtnt aed eels of the Property.. The nothx shill further Inform Borrower of she right 3o reLtetate after <br />acplentlos and the rl~ltt to brintZ a cotut actioe to aeseet the aonexisteace of a default or any other defense of Borrower: <br />to scceleretloe aril rile. If thrbrestch u not cared o0 or"before thrdue specifieu is the notia, Lentkr, at Lender's <br />opHoa, msy dechtn aU of the esms sscarod by thhi Dssd of Trost to be immedis oher <br />tissssnd sad say Lvoke the poiwc of sale and say other rsmedls permitted by • cable Ia ' i e tied <br />to twlMct aq eeawsabla costa and ezpssses Iscsrred a punafy the remedlsa Pro ., a~~ I ~, <br />bet sot flailed to, rsaeosableattorneys' fees. •." <br />If tM powerof sak 4 ]evoked, Trustee shall rrtxrd a notice of deisalt to each county in whk6 the Property or same <br />pvt tYseeot is htcatsd and shsl] mail copka of each notice Ie the msnoer prescribed by applkable 4tw to Borrower sad <br />to t6s other pasoss pnscdbed by applicable Iawr After the lapse of s;tch time as may be required by applicable isw, <br />Truat~s,ahsl! ghe psblic ostke of sale to the penans sod fa rite mattncr prsscribsd by applicabk law.'Tevstee, without <br />deoaod as Borrower, shalt sill the Property at peblk aoctioo to the highest bidder at the time eod: place sad tinder the <br />..arms dMi~naftd to the notice. of sok intone or moss parcels and is such order as Trustee may determine. Trustee may <br />postpone sake of all or soy pared. of the Property by pablk aanounccment at the tiros and place of any preciously <br />sckedeled sak. Leader or Lendu's_dai~oee msy purchaac the Propertyat soy sale.: <br />()pos,npipt of payment of the piles bid, Trmttx s6~ll ddivtr to the purchaser Trustee's deed conveying the <br />Etoperty sohi. The recitals in the Trustee's deed shall be prima feels evidence of the truth of the statements made. <br />tbeteia. Trustee shall sppiy the proceeds of the laic in the following order. (a) to all eeasonabie costs and expenties of the <br />sak, iscledhig, but nest limited.. to, Trustee's fees acttrally ioctured of not wort than .. NA ..... , .. % of the gross sale <br />price, reasonabk attorneys' fees and casts of title evldet~e; lbl to all sums secured by this Detd of Trost; and (cl the ea- <br />cae, if aqy, to the. person ar peaons legaity entitled thereto. <br />18. $orrower's,Rlght to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed. of <br />Trust, due to Barrewcr's breach. Borrower shat] have the,right to have any proceedings begun by Lender to enforce this <br />Iked of Trust dirontinued at any time prior to the eaztier to occur of ti) the fifth day before the sale of the Property <br />pursuant to the power of sale contained. in this Deed of Trust or (it) entry of a judgment enforcing this;Deed of Trust rf: <br />tai Borrower pa}s Lender all sums which would be then due under this'Deed of'I'rust and the Nate 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 gays all reasonable expenses incurred by Lender and Trustee in enforcing the cuvenan+s and <br />' agreements of $urrowrs contained to this Deed of'frust and in enforcing Lender's and'fru,stee's remedies as provided in <br />paragraph li tketecf. including, but rear limited to, reasonable atiorneg-s' fees: and (di Borrower takes such. action. as <br />I.cnder may reaconabty require to asst:ee that the ties of this Dced cf Trust. Lender's interest is the Prapertp~ and <br />Borraaer's cbiigatiun tc pay the sums secured ty this Decd nt`Trust shai! ~rontinue unimpaired, Upon such payment and <br />c:uro by fSorrowet, t,is need of Trust and the obtigations secured hereby shad remain sn`uif force and L~i'ect =es it' no <br />acceleration had occurred. <br />