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<br />82-=x' <br />not personally liable on the Note or under this Deed of Trust, and (c) agrezs 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 or the Note, without that Borrower's consent and without releasing that $orrower or modff~~in~ thisDeed <br />of Trust as to that Borrower's interest in the Property. <br />12. Notice, Exceprfor 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 shall be given by delivering it or by mailing such notice by certified mail <br />addressed to Borrower a2 the Property Address or at such .other address as Borrower may designate by noticz to Lender <br />as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to <br />such otheraddress as Lender may designate by notice to Borrower as provided herein. Any notice provided for m tFiis <br />Deed of Ttust shall be deemed to have been given io Borrower or Lender when given in the manner designated herein. <br />13. Governing Law;. Severabilliy. The state and local laws applicable to thts Deed of Trust shall $e the laws of the <br />jursdiMion in which the Property is located. The foregoing sentence shall not limit the applicability ofFederai taw o <br />this Deed of Trust. In the zvem that any provision or clause of this Deed of Trust or the Note conflicts with .applicable <br />law•, such conflict shall 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 to be severable As <br />used herein. "costs", "expenses'" and "attorneys' fees" include all sums to the extern nor prohibited by applicable law or <br />limited herein <br />14_ Borrower's Copy. Borrower sha4 he Furnished a cronformed copy of the Note and of this Deed ofTrust at the <br />time of execution or after recozdation hereof. <br />15. Rehabilitation Loan Agrcement. Borrower shall fulfill all of 9om7wer's obligations under any home rehabilita- <br />rion. improvement, repair or other loan agreement which Borrower enters into with Lender. Linder, at Lender's option. <br />may require Borrower to execute and deliver ro Linder, in a fornt acceptable to Lander. an assignment of any rights.. <br />claims or deFenses which Borrower ma} have against parties who supply labor, materials or serrices in connec*_ion with <br />improvements made to the Prope,ty. <br />16. Transfer of the Property. If Borrower sells or transfers all pr any part of theProperty or an interest therein. <br />excluding (al the creation nt a lien ar encumbrsncesubardinate tothis Deed of "crust, ;bl a transfer by dzvise: descent; or <br />by operation of law upon .the death of a.;oinz tznani, or ici thegrant of any leasehold interest of three Years or less nm <br />contalningangption to purchase, Borrower shall cause to be submitted information required by Lender to evali:are thz <br />transferee as iFa new loan •.vere being made ro the transferee. Borrower will continue to bz obligated under the Vote anti <br />this Deed tr11'ruYtttnless;ixn~erzeleases $orrower in writing. <br />If Lendez: on the bastsof any inf t~tnation obtafnzd regarding the transferee, reasonably determines that Lender's <br />securing may be itnpaated,pr tlyat tb~re,,,,i~an unacceptable likelihood of a breach of unv covenatnt or agreement in this: <br />Dezd of Trust, oriY the 7equired information is not submitted: Linder may declare all of the sums secured by this Deed <br />of Trust to he immrdiatefc due and parable. [f Lender exercises such gption ro accelerate. F,znder shall mail Bgrmwer <br />notice of acceleration in accordancz with paragraph 12 hereof'. Such notice shall provide a period of not less than 30 days <br />from the datethe notice is matted or delivered within which Bcirmwer may tiny the sums declared due. If Borrower bails" <br />to pay such sumspriar to the zxpiration of such period, Linder may. without further notice i>r demand nn Borrouzt. <br />invoke any remedies permitted by paragraph 1 ? herco£ <br />NoN-I)NIFQIt1N Cot't:v;,NT 5, Borrower and Lcndrr further crovenant and.agree as follows: <br />f7. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant <br />or agree®ent oi$orrower in this Deed of Trust; including Borrower`s failure to pay, by the end of 10 calendar days after <br />they arc. due, any sums secured by this Deed of Trus4-Lender prior to acceleration shall give notice to Borrower as <br />prorided (n paragraph i3 hereofspecifving: ilLthe breach; 121 the action requiredio cure such breach; {3) a date, not <br />lea titan 2(1 days'. from the date the notice is mailed to Borrower, by which such breach must be cured: and 141 that <br />failure fo cure such breach on or before the date specified in the notice mar result. in acceleration of the sums secured by <br />this Dced of-Trost and sale of the Property. The notice shall further. inform Borrower of the right to reinstate after <br />acceleration and the. right io bring a court action to assert the nonexistence of a default or anv other defense of Borrower <br />to acceleration and sale. If the breach is not mild on or before the date specified in the notice, Lender, at Lender's <br />oplion,'may declare alLof the sums secured by this Deed of Trustto be immediately doe and payable without fur4tee <br />demand and may invoke the power of sale and any other remedies permitted by applicable taw. Lendersball be entitled <br />to collect all reasonable costs and expenses incurred igpursuing the remedies provided in this paragraph 17, including, <br />bufnot imited to, reasonable attorneys' fees. <br />S the power of sale is invoked, Trtastee shall record a notitt of default. in each county in which the Property or some <br />part thereof is located and shallmail'copies of such notice in the manner prescribed by applicablalaw to Borrower and <br />to then[her. persons prescribed by applicable law: After the lapse of such time. as may be eequired by applicable law, <br />Trustce shall give public notice of sale to the peesoru and in the manner prescribed by applicable taw. Trustee, without <br />demand on .Borrower,. shall sell he Property atpublic auction [o the highestbidder at Yhe'time and place and under the. <br />terms designated in the notitr of sale iaone ormore parcels and in such: order as Trustee may determine. Trustee toay <br />postpone sale of alt or any parcel of the Property by public. announcement at the time and place of any previously <br />schedaled sale. Lender or Lender's designee may purchase the Property at anysale. <br />Upon receipt of par'ment of [he prict bid, Tntstee shall: deliver to the purchaser Trustee's deed conveying the <br />Property sold: The recitals in the Trustce's dced shalYbe prima facie evidence of the truth of the statements made <br />therein, Trustee shall applythe proceeds of the sate in the following order: (a) to aB reasonable costs and expenses of the. <br />sale, including, but not limited. to, Trustee'afces actually incurred of not more than . iZ .og . } ..... % of the gross ale <br />price, reasonable attorneys' foes and costs of Htle evidence; (bl to all sums secured by this Deed of Trust;' and (cI the ex- <br />cess, if any, to theperson or persons legally entitled thereto.. <br />18. Borrower's Right to Beinstate._Votwifhstaading Lender's acceleration of the sums secured by this Deed of <br />Trust; due to Borrower s breach, Burrower shall bare the rightto have an}• proceedings begun by Lender Yo enforce this <br />L3eed of Trust discontinued. at any. time•prior to the earlier to oczur of (i) the fifth day before the sale of the Prnpertr'. <br />pursuant taxhe power of salecontained'in this Deed of Trust or tit) zntry of ajudgment enforcing this Decd of "Trust if: <br />(a) $orrower pays Lenderall sums which would be then due under this Deed of Tr ust and the Note had no acceleratio^ <br />occurred; (b) .Borrower cures all breaches of any other covenants or agreementsof Borrower contained imihis Deed oC <br />Trust; (c) Borrower. pays ail. reasonable expenses incurred by Lender and Trustee is enforcing the covenants and <br />agreements of Borrower contained in this Deed uT Trust and in enforcing: Lender's sod Trustees remedies as provided in <br />paragraphl7 hereof, including, but notlimitedto, reasonable attorneys fees; and tdl Borrowr.: lakes such action as <br />Lendermay reasonably require to assure that the lien of this Deed of Trust, [.enders interest iti the Property and <br />Borrpw:er'<obligation to pay thesumssccurcd by this Deed of Trust shall rcntinue unimpaired. tJpnn such pzrym~=tt :uni <br />cure by Botruwzr. this Dred of Trost and tnz obligations secured hereby shall remain in full force and rifcct as if nc <br />acceleration had <xcurred. <br />