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<br />82--~~~03 i <br />sot personally liable nn the Note or under_this Deed. of Trust, and {c) agrees that Lender and any other Bottower <br />hereunder may agree Yo eztend, modify, forbear; or make any other accommodations with regard to the terms of this <br />Deed of Trust or the ;tote, without chat Borrower's consent and. without releasing that Borrower or modifying this Deed <br />of Trust. as to that Borrower's interest intfie Property: <br />12. Notlee. Except for any notice required under applicable law to be given in another manner, (a) any notice to <br />Borrower provided for in this Deed of Trust shat! be given by delivering it or by mailing such notice by certifledrmail <br />addressed to Borrower at the Property Address or at such other address as Borrower may designate by .notice to Lender <br />asjprovided herein, rJtd (b) any notice to Lender shall be given by certi$ed mail to Lender's address stated herein onto <br />suc)t other address-aa Lender rosy designate by notice to Borrower as provided herein. Any notice; provided for in this <br />Deed ofTrttst shall bedeemed to fiave been Given to Borrower'or Lcnderwhen given in the manner designated herein. <br />13. Go-erubs= Law; SererabiQty. Tho-state and local laws applicable to thisDeed of Trustshall be the lawsaf the <br />jurisdiction in which he Property is iocatzd. The foregoing entence shall notlirtit the applicability of Federal law m <br />this Deed of Trust. In the event that anyprovision br clause of this Deed: of Truster the Note conflicts with applicable <br />law, such conflict shallnot affeM other provisions of this Deed of "Trust or the Notrwhich can be given effect withoutthe <br />conflicting provision, and [o this end the provisions of this Deed of Trust and the Note are declared to be severable. As <br />used herein, "costs"i "expenses" and "attorneys' fees" include all sumsto the cxtentnot prohibited by appUcable law of <br />limited herein. <br />14.< Borrower's Dopy. Borrower stroll be furnished a conformed copy of the Note and of this Deed of Trustat the <br />time of execution orafrer recordation hereof_ <br />15. Rehabllltation LoaeiA~eement. Borrower shall fulfill a#f of Borrower's obligations under any home rehabilita- <br />tioa, improvement, repair or other loan agreement which Borrower enters into with Lender. Ler..der, of Lender's option, <br />may requiraBorrower'to execute a~ deliver to Lender; in a form acceptablato'Lender; an assignmept of any righu, <br />.claims or defenses which Sorr+wer may have against parties who supply labor: materials.orservices in connectiomwith <br />improvements made to the Property. <br />Ib. Trea/er of tbo Proputr: ASt•*tfoa.: Zf all az any part of alts ProQerty or an interest <br />therein is sold az tranrterrsd by Horrawz rithout LSndhr's pprior written consent, <br />hxcludinq ter) the creation of a lien or encuabrance sutwrdinate to .this Deed of <br />Ti:nat, (6) .the creation of a purtxtass stoney security interest for houaebold appli= <br />once or (c) a ' transfer try dniss, dascenr or by operation of law upon the death of <br />a joint tenant„Lender ssy, at Lender's option, declare all the suss sacurted trotthis <br />Dead of Trust to be i~edfately ties an payable. Lender shall have waived such. <br />oopQt~ion to aecelarats if, prior to .the sale- or tzansfer,=Lender and thee. person to <br />wlra~ tt-r Property is -to tie sold or transferred reach agreerent in writingg that the <br />credit of twch psrsott lit satisfactory, to :.ender and' that the interest aagable on ,the <br />stttar secured by this:. Deed of Trust shall bs at such rate: as Lender shall request. <br />If Lender exercises ouch option t~ accelerate, Lender sha12 tttail Horrorer notice of <br />acceleration in accordance-with paragraph 12" hereof. _ Such notice shall provide a <br />period. of not -less tttatr 30 dayys fzo~ t:hs date tlse notice is tootled or delivered <br />within which Horrotrer mtsy ~ay;!the-suge declared ties. Zf Ftorrower- fails to pay such <br />u~ pprios to the expiration of anch_per%od, Lender say, without further notice or <br />deatsnd on Horrowr, Ynvoke any reaedias pecaitted by paragzapn 17 hereof.- <br />NOd'-UntFORM CovlSrtAi~tTS. Borrower and Lemler furthercoveaant sad agree. as follows: <br />i7. Accdaratloa: Resedlw. lystxpt as pmrlded m paragraph 1b hereof, upon Borrower's breach of aay'coveoant <br />or a~eesmaet of Haeeoeror ie this Deed of Trost, Iaclod~ Borrower's failure to pay, by the end of l0 calendar dsyr after <br />they ors din, say sems aeceredby thi Daad a[ ?cwt, Lender prior to asceleratlos shall, give notice to Borrower rr <br />ptovltkd fa paragraph 12 hereof specifjiag: (Ip thabeeach; t2) ::s acting required"to ctrro soc6 breach; (3- a date, not <br />hen rhos 20 days from the date the notice is maihaf to Borrowek; by which sucb breach mnst be cured; and (41 the <br />failure to can such breach on or before the date specified io the notice may result: is acceleration of the`sums secured by <br />this Daed of.Trnst:aad sale of'the Property. The twtlce shall further inform Borrower of the right to reinstate after <br />accderaUoa and the right to bring a oosul actoo to assertthe aoaezisteace of a default o< Guy otherdefense of Borrower <br />to aocelerstlos sad sale. llf the breach is not crtrsd oe or before the date specl$ad in the notice, Lender, at Lender's <br />option, may declare all of the sems secured by this Deed. of Trust to be immediately due agsi,payablo witbout further <br />dstasasd aed may ievolu the power of sale sad say other remedies permitted by applicable Iar. leader sball be entitled <br />fo colketall reasoo~ble costs sad upcases tacurssd Io puesafai the remedies provided m this paragraph 17, including, <br />but riot llmitad to, reasonable attorneys' lees. <br />u the power of sale is invoked, Trmore ehall record a notice of default in each county in which the Property or some <br />.part thereof b locatedand ahaH mail copies of sec6 notice Ia the matsaer; prescribed by applicable law: to Borrower sad <br />to the other peewas'pcescribed by applicable law. After the lapse of such times as may be required by.appllcable law, <br />Trustee shaft dire Peblk notice of sale to the persooaaad fo the msrtnerprescrihed•by applitxbk law. Trustee, without <br />demand os Berrawer, shall ell the Property at public auction to the highest bidder`at the time and place and nndtt the <br />teitms deaisaatad in the notices. of sale. is one or more. parcels and in such order as Trustee may determine. Trustee may <br />pwtpotse srtla of ail or say parcel of the Property by pnblk aaaonacement at the time and place of any prcrIously <br />sah~eled sale. leader or Leader's desipiec trey purchase the Prapertyat say sale. <br />Upw receipt of payment: of the price bid, Trustee shall ;delver to the punehaser, Trustee's decd coareying the <br />Properp sold. The. tedtals in the Trustce's desed shall be prima facie evidence of the truth of the statements made <br />therein. Trustee shelf apply the proceeds of the sale is the fotlowiag order: {al to aJl reasonable costs and ezpenses of the <br />sale, iacludlnQ, but sot limited to, Trustee's fees actually lnenrred of notmore than ............. %of thegross sale <br />psi«, reuona6le attorneys' fees and costa of Htk eridetrce; (bj m all. sums secured by this. Deed of Trust: anti (c( tfie ez- <br />cesa, if say, to the person of persons legally entitled thereto. <br />I8. Borrower's Right to Rdnstate. Notwithstanding Lender's' acceleration of the sums secureQ_'by this Deed of <br />Trust. due to Sorruwer't breach, Borrower shall have theright to have any proceedings begun by Lender to enforce this <br />lleed of Trust disr.~ntinued at any t[me prior to the earlier to occur of (i) the fifth day :before the sale of the Froperiy <br />pursuant to the power of sale conraine3 in this Deed of Truster (ii) entry of a judgment enforcing this Deed of Trust if: <br />{ ter? 13ornru er pads l.er,d.r .~ 7 ms ahiciz ,would be then Gee under this Deed of Trust and the.Noce had-no arcederatian <br />L eccurrec(; !o! &rrro•xer ~u, _, a:i irreaches of any other :ovenants of agteemcrrts of Borrower containedin this 17eed of <br />True[: ici E)i,rrowcr pays tt1! :easanable czpcnses incurred ty Lender and Trustee in rnfQrcing the c;rvenants and <br />agreements ,~f Iorrower ontairted ~~s:t#tis Deed ofTrustantt in enforcing Lender's and Trustee's remedies as provided in <br />paragraph t' t;ernof. ;naudirtg, but not Iamited to, ieasanab;e attornejs' ;ees; and (d3 Htzn~gwet takes sock action as <br />L;ende= nixy- rra.or.~bl} .eyutrq to assure that the lien of thin Decd of Trust. Lender's intcresi 'err ;hc Freperty and <br />Borrt,wer'sobiug:,tier, to pay she~sums sc~ured'o4~this Decd ofTrust sfiatl rnttrinue unim~aircd. Upon sec?t payment acrd <br />curz• by Borrower [his€3ecr,1 of'fsust and the ~ibttgatioris serer d he'ef, shat!remain in EuIY &srce end cf~'s~:.t ,xs if na <br />accclcratiar: had occ~rrecl. <br />