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r- <br />1 <br />82 -- ~ ~ C~ 2 l E~ [1 <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 Yo extend, modify, forbear, or make any other accommodations with regard to,the terms of this <br />Deed. of Trust of the Note, without. that $orrower's consent and without releasing that Borrower or modifying this Deed <br />of Trust az 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, (a) any notice to <br />Borrower provided for in this Deed: of Trust shalt be given by delivering it orby mailing sgch notice by certified mail <br />addressed to Borrowerafthe Property Address ar at such other address az Borrower may designate by notice to Lender <br />as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein onto <br />arch other address as Leader may designate by.notice o Borrower az provided herein. Any notice provided for in this <br />Deed of Trust shall be deemed to have been,grvan to Borrower or Lender when given in the mannerdesignated herein. <br />13. Gorereing Lax; Sererabilig. The. state and local laws. applicable-to this :Deed of Trust shall be the laws of the <br />jutisdiMionia which the Property: isJocated: The'foregaiag sentence shall-not limit the applicability of Federal law-to <br />this Deed of Trust. In the event that any ~ravision or clause of this Dced of Trust or the Note conflicts with applicable <br />Iavv, such conflictshall not affect other provisions of this Deed of Trust orthe Note which can be given effeM without the <br />confliMing provision, and to this end-the provisions. of thin Deed of T: ustand 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 of <br />.limited. herein. <br />14. Borrower's Copy. Borrower sha_ti be furnished a rnnfurmed copy of the .Note and of this Deed of Trtut at the <br />time'of execution or after mordation hereot: <br />15. RehablBtatios Lone Ageeement_Borrower shall fulfill all of Borrower's .obligations under any home rehabilita- <br />tion, imptorement, repair orother Soan agreement which Borrower enters into with Lender. Lender, at Lender's option, <br />may require Borrower to execute .and deliver to Lender, in a form acceptable to Lander. an' assignment of any :rights, , <br />claims or defenses. which Bortower may have against parties who supply labor. materials or secrices incoanection with <br />;mprovements made tothe Proxrty. <br />16. Traas(ar of tLe Property; Aani*tfoe. ~,if all or any part of the Property oz an 'interest <br />theseis is sold or transferred by Horzorar without Lender's prior-critters consent; <br />excluding (a) the creation of a lien oc encurbsance subordinate 'to this Deed 'of <br />Truht, (6) the crtiaton of a pureluar twney security interest for household appli- <br />ancss or {e) a transfer bg devise, descent oY try operation of lac upon the- death of <br />a'joint tenant, Lendsr aay, zt Lsedsr's option, declare all the suss secured by. this <br />DSed of Tsust to be ia~sdiately due and payable. Lender shall have calved such <br />opption to accelerate ifr prior to the 'sale or tsanafec, Lender and the ptrson to <br />whoa the Property is to be sold os transfeszed reach-agreeent in writing thee-the <br />reedit of such-person is aatisfactozy to Lender and that the interest payable on the <br />auws `secured by,-this !Hail of Trust shall bas at such ;rate as 'Lender shall request. <br />If Lender exercises each option-to accelerate, Lender shall mail i3ocrore. notice of <br />acceleration in' accordance rith,paragraph 1Z hereof. Such notice-shall. provide a <br />period of 'not lass than 30 days fror the date the notice; is mailed or delivered <br />rithin rhich Ilorrorer say pay a sutpa,declared due. If Borrower fails to `pay-such <br />sttas= riot to 'the -expiration of such period, Lender' taay, t+iahout further notz,ce or <br />demnd on Borrower, invoke any resedies peraitted by paragraph 1~ hereof. <br />NOx-UNIFORM COVENANTS. Borrower and Lender further covenant sad agreeaz foilowr. <br />17. Aeceleratboi Remedie. Esceptae ptorided in paragraph 16 hereof, upon Borrower's breach of asy coreeaat <br />or agreamsnt of Borrower to th4 Deed of Trost, including Borrower's faLureto ply, by the esd of 10 calendar dayf after <br />thq ors dw, say cams ecured by this Deed'of Trost, Leader,prir,~ ts'accelerstioa shall givt notice to Borrower as <br />prmidai iu paragraph 12 hereof specifjfog: h) the breach; (Z) the' acdoa required to care such breach; 13l a date, not <br />less thss:20.days from the date the entice is mailed to Boreewer, by which such breach masCbe cured[ sad {4) that <br />failarato care such breach on or before the date specified in the notice may reds in acceleration oEthe sums secured, by <br />thb Deed oLTrost sad sale of the Property. The notice shall further iatorm Harrower of the right to reinstatrafter <br />acceleration and the:right to brio{ a mart actioe to assert the nouafstesce'of a default or soy other defense of Borrower <br />to accelentbn and sale. If the breach is cot cared oe or befote+the date specified in the entice, Leader, at Lender's <br />option, may. declaee all of the sums secured by th4 Deed of Trust to be immediately due sad payable w{tbour farther <br />dlruand and may invoke the power of axle and say ot6srremedier permitted by applicable law. Lender steal! be entitled <br />to collect all reawsabk Coate and e:pearea iscsncd to purstris~ the remedies provided to this paragraph 17, inclnd[sg, <br />bat sot limited to, eeasonable attorneys' fee. <br />]f rtes power of sak b inwked, Trastse shall record a notice of default in each county in which the Property or some <br />part theseoE 4 located and shall maG oapia of carte notke fa thrmanaer presceibed by applicable law to Borrower and <br />to-tire other penoaa peecribed b~.applkable law. After the lapse of such t)me as rosy be required by app)icable law, <br />Tutee shall pica pabllc notkx of wale to the penom and la the mangier prescribed by applicable law. Trustee, without <br />de®aad os Boseower, shall sell thrProperfy at pablk aactlos to the highest bidder at the time sad piacraad under the <br />terms designated Ie rtes notice of sak is one or mart parcels and in such. order as Trustee may determine. Trustee may <br />postpone sale of all or say parcel of the Property by public senouecemcat at the time 'aed place of any preciously <br />scheduled sak» Lender. or Lender's daignu may purchase the. Property at any sale.: <br />Upon receipt of payment of the price bid, Trustee shag. ddirer to the purchaser Trustee's deed conveying; the <br />..Property sold. 'Fhe recitals in the Truste's deed shill be prima facie evidence of the truth of the statements made <br />therein. Trmtee shall,apply the proceeds of the sak'tre the following order: (a) to all reasonable costs and a:peaces of the <br />sale, including, bat nor limited to, Trustee's face actually incurred of not more than ...... . ... : .. % of the gross sale, <br />pike, rearonable:ttoraeys' feeaaad casts oEtitle evideece; (b) to all sums secured by Phis .Deed of Trust; and.{c) the a:• <br />case, if soy, fo the person or persons legally. entitled thereto. <br />1$. Borrower's Rfght to Reinstate. Notwithstanding- Lender's acceleration of the sums secured by this Deed of <br />Trust, due to Borrower's breach; Borrower shall haveihe.right to have any proceedings begun by {..ender to enforce this <br />Deed of Trust discontinued at anytime prior to the earlier to xcur of (i) the fifth dry before the sale of the Property <br />pursuant to the power of sale contained itt this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: <br />(a)'Borower pays Lender: all sums which would be'thendue under this Deed of Trust and the Note had no acceleration <br />`occurred; (b} Borrowercures all breaches of any other covenants or agreements of $orrower contained in this Deed of> <br />Trust; (c) Borrower pays-all reasonable expenses incurred. by Lender and Trustee in enforcing the covenants and <br />" agreements of Borrower contained. inthis Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in <br />paragraph i7 hereof, including, but not limited to, reasonable attorneys' fees; and (d7 Borrower takes such action as <br />tender may reasonably require to assure that the_tien of this Deed of Trust, Lender's interest in the Property and <br />Borrower's obligation to paythesums secured. by this DeEd ot` T rustshallcontinue unimpaired. Upon such payment and <br />cure by Borrower, this Deed of Trust and the obligations secured hereby shat! remain in fait force and effect as if no <br />acceleration had occurred. <br />