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<br />82-={)~~Y 13th <br />not personally liable on the Note or under this Deed of Traxt. and (e) agrees that Lender and any other Borrower <br />hereunder :may agree to extend, modify, forbear, or make any .other accommodations with: regard to the terms of this <br />Deed of Trust orYhe 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 Praperiy_ <br />12. Notice. Except for any notice required under applicable IawYo be given in another manner, (a) any notice to <br />Borrower provided foe in this :Deed of Trust shall be given by delivering it of by mailing such notice by certified mail <br />' addressed 2a Borrowef of the PropertyAddrass oral such other address as Borrower may designate bynotice to Lender <br />as.prodded herein, and (b) any notice to.Lender shall be given by certified mail to Lender's address rated herein or to <br />sech other address as Lender may designate by notice to Borrower as provided herein. Any notitt provided form this <br />Deed of Trust shall tre deemed to have been given o Boxroweror Lender when gives in the manner designated herein. <br />13. -Gmerniag Law; Sererability. The state: and local taws applicable to this-Dead of Trust shall be the laws of the <br />jurisdiction in which the Property is located. The foregoing sentence shall not #imit the applicability. of Federal law to <br />this Deed of Trust. In the event that an} provision ordause of this Deed of Trust or the Note conflicts with applicable <br />law; such conflictshall not affect other provisions of this Deed of Trust or the Note which can be given effect without the <br />conflicting provision, and to this end the: provisions of this Deed of Trust and the Note are declared o be severab{e. As <br />used'Rerein, "costs". "expenses" and "attorneys` fees" include all sums to the extent not prohibited byapplicable law or <br />lintited herein. <br />14. Borrowee's Copy. Borrower shall be furnished a rnnformed copy of the Note and of this Deed of Trust at the <br />time of execution crafter recordation ereof. <br />15. RebabiBfaUon Loan Agmmeat. Borrower shall fulfillall of Borrower's obligations'ende: aayhome rehabilita- <br />tion, improvement, repair or other loan agreement which'Borrower corals into with Lender. Lendez, 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 ordefenses which Borrower may haveagainst parties who supply labor, inaterialsor services in connection with <br />improvements made to the Property. <br />16. Yrassdaoftttal'rope.-:r;ws.asptioe. ~If .all or. any part of the Property or an interest <br />therein -is cold oz transferred by Horrover ritltottt Lender's ~roz written consent, <br />excludingy (a) the czeatioh of a lien oz encumbrance subordinate to this .Deed of <br />T=ust, (b) the-creation of a purchase money`setiutity inteceat for household, appli- <br />ancea os qc) a transfer by devise, descent or by operation of latr upon the death of <br />a faint tenant, Lender may, at Lendes's t[ion, declare all the suns secured by this <br />Dead of Trust to be isatediatelg due and payable: Lender shall. have valved such <br />oopption to accelerate if, prior to the sale,+oz tranafer,..Lender- and .the :peraon`to <br />vttori the Property' is to be-sold or tranafeszed reach agreement in writing that the <br />credit of such perwn is satisfactory to'Lender and that the .interest payable on the <br />soda =craved by' this Dead of Trust shall be at suet[ rate 'as Lender shall :request. <br />Zf Iereder exsscises auc3Y option to accelerate, Lender shall mail- 13orrowes notice of <br />acceleration in 'accozdanee with,pasagraph 12 hereof.- Such notice' sRa1L provide a <br />period of not leas than 30 days froa`the date the police is'nutiled ac delivered <br />withxn'.which Horroves mag pay the,sutpa declared>due. If Borrower fails-to 'pay such <br />sues pprior-to the estpiration of each period, Lender may, without further notice or <br />demand on Borrower, invoke any zestedies permitted by'paragzaph l7 hereof:' <br />NON-UNIFORtA COVF1~iANTS. Borrower and Lender further covenant and agtte as follows: <br />17. Accekeation; Remedim. Es«ptaa prodded In"parasraph 16 hereof, upon Borrower's breach of any co~eeant <br />or apeemeat of Borrower in this Deed of Trost, inchdiag Borrower's failure to pay, bythe end of 10 calendar ridge after <br />they are. fists, asy sstms sacered by this' Daed of Trwt, Leader prior to acceleration shall give notice to Borrower as <br />provided in parttsraph 12 ltereot specifjias: (1) the: breeciti (2) u,e actloo required to caresnc6 breach; (3! a date, not <br />law t6~s 20 dsrys from the date the notice is mailed to .Borrower, by which sac6 breach mwt be cored; and (4) that <br />failure to cute anc6 breach o0 orbefote the date specified in the notice may result is acceleratfoa of the sums secured by <br />thiaDaed of_Trust and sale of the Property.,The notice ship.fsetbacaafas~•~BarssweroF°the right. to reinstate after <br />acceleration dad the right to briar. a rnurt action to assert tbe'aosaY4tettee of a'defra~e'ot t'flny ether defense of Borrower <br />to acceiention and sale. If tba breach is not cured oa or befees the date spaci0ed is tltl aotitt, Lender, st Lender's . <br />Aption, may declare all o[ the soma secured by this Deed o[ Test to bs immediately d~ sod payable .without Curther <br />demand and may tavoke the. power of sate and any other remedks permitted by applicable law. Lender shall lie entitled <br />to rnBect ail reareaebk costs and expenses incurred in punuior the remedim provided in this paragnpb 17,1ncludiar, ': <br />but not Ilmited to, reasonable attorneys' fea. <br />if the power o[ sale is invoked, Trustee shall mrord a notice of default in each county in which the Property or some <br />part theraod b located dad shall nsaii capia of each twtice m the manner prescribed byappllcable law'to Borrower and <br />to:tbs other pusoas prmcribed by applkabie lair. After the lapse of such time as may lx required by applicable law, <br />Traetas shall rlve pubik dolled of sale to the peesom asd io the meaner prescribed by applicable law. Trustee, without <br />demand oa Borrower, shall srJl rho Property at pubik aactton to the highest bidder at tbeUme and place and order the <br />terms desipmted is the entice of sale in one or mote parcels dad in such ordetas T.-ttstce may determine. Trustee may' <br />poatponesale of ail'or ear pared of the Property by pubik announcement at the time and place of any previously <br />scbedukd sale. Lcndee or I:ender's designee auypurchase the Property: at any sale. <br />Upem: racelpt of payment of the price bid, Trustee shall ddlrcr to the pushaset Trustee's decd conveying the <br />Property :sold. The recitals in the Trustee's deed shall be prima facie. evidence of the tntth of the atatemeots made <br />therein. Trustee shall apply the proceeds of the sale. in the following order. ia) [o all reasonable costs and expenses of the <br />sale, incladior, batnot limited to, Tructu's fees actually incurred of not stare than ............. % of the gross sale <br />price, reasonable attorneys' fees and rears of UUe evidence; (b) to ail same secured by ibis Deed of Tout; and (c) the ez- <br />cess, If day, to the person or petsoas legally entitled thereto. <br />18. Borrower's Rirbt to$ei~tate. Notwithstanding Lender's accetetation of the sums secured iiy this Deed of <br />Trust, due to Borrower s breach: Borrower shalLhave zhe nigh[ to have any proceedings begun by !.ender to enforce this <br />Decd of Trtut discontinued at any time prior to the earlier to occur of(il the fifth day before the sale of ttie Property <br />punuant to the power of sale contained in this Deed cf Trusror (ii; entry of a judgment enforcing this L'eed of Trust if: <br />ia) Borrower pays Lender all sums which would be then due under this Deed ,~f Trust and the Note had no acceleration <br />occurred; (bl $orrower cures all breaches of any other covenants or agreemenu of 8orroucr contained in-this Deed of <br />1`rust; (,ci Borrower. pays all reasonable expenses incurced by Lender and Trustee in enforcing the covenants and <br />agreements of Borrower contained in this Deed of Trusi and in enforcing Lender's and Trusice's remedies as provided in <br />paragraph 17ltereaf. including. but not Rmited to. reasonable attorneys' fees: and fd; Borrower Takes such action as <br />Lender,rnay reasonably requirete assure than the lien cf this Deed of Trusi. Lender's interest in .the Properly a.:nd <br />Bge-rower's abiigetioc± to nay the sums secured by this De!d of Trust sts alicontiaus unimpaired. lllx;n such payrnen[ and <br />cure. ,} Borrower, this Deed of Trust and the esbiiga[ions secured hereby shall remain in fur? force dad e:feet as if ^O <br />ac;.ele;atian had occurteti. • <br />