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<br />82-' ~ta•~~ 6:~ <br />not perwnally liable on the Note or under this Deed ui Trust, and lc) agrees that Lender and any other Borrower <br />hereunder may agree to extend. modify, forbear. or make any other accommodations with regazd to the terms of this <br />Deed of Trust or the Note, without that Sorrown's consent and without releasing that Borrower or modifying this Deed <br />of Trust as to that Borrower's interact in the Property. <br />12. Nega. E:cept for any notice required under applicable law to be given in another manner, (a) any notice to <br />Borrower provided for id this Deed of 'Trust shall be given by delivering it or by mailing such not'sce by certified mail <br />addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender <br />as provided herein, and (b) any aotitt to Lender shall be given by certified mail to Lender's address stated hettin or to <br />such other address as Lender may designate by.notice to Borrower as provided herein. Any notitt provided for in this <br />Decd of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. <br />13. Crorereisg Law; SsverablUq. The state and local laws applicable to this Deed of Trtui shall be the laws of the <br />jurisdiction is which the Property is located. The foregoing sententt shall not limit the applicability of Federal law to <br />this Deed of Trust. In the event that any provision or clause of this Deed of Trtut or the Note rnnflitKS with applicable <br />law, such confliM shat- not afftM other provisions of this Deed of Trust or the Note which can be given effect without the <br />rnaflictittg 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", "expenus" aitd "attorneys' fees" include aB sums to the ertent not prohibited by applicable law or <br />limited hetria. <br />Id. Borrower's Copy. Borrower shat( be furnished a rnnformtd copy of the Note aced of this Deed of Trust at the <br />tithe of execution or after recordation hereof. <br />15. Rtdtsbilitatba Loan Agreement. Borrower shall fulfill all of Hortawtr's obligations under any home tthabilita- <br />tion. improvemrnt, repair or other loan agreement which Borrower enters into with Lender. Leader, at Lender's option, <br />may requite Borrower to a:ecute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights. <br />claims or defenses which Borrower may have against parties who supply labor, materials or services is cotmectitm with <br />improvemeau made to the Property. <br />16. 2Yamicoft9eptapaesy;Asreasptiee. If all or any part of the Property or an interest <br />therein is sold or transferred by Borrower without Landar's ~z1or written cotssent, <br />excludingg (a) the creation of a lien or ettcumbrance subordinate to this Deed of <br />Trust, (b) the creation of a purchase money security iniereai for household apgli- <br />ancse or (c) a transfer by devise, descent or by operation of law upon the death ot? <br />a joins tenant, Lender essay, at Lender's option, declare all the suns secured by this <br />Deed of Truest to Ne it0tsdiately due and payable. Lender shall have waived such <br />aoppLioo to accelerate if, prior to the sale or transfer, Lender and the person to <br />whew the Property is to be sold oc transferred reach agreeaent in writingq that the <br />credit of such peraoa is aatiafactory to Landec and that the interest payable on rite <br />sum secured t>y, this Deed of Truest shall be at such rate as Lender shall request. <br />If Lender exercises such option to accelerate, Lender shall mail Barrorrer notice of <br />acceleration in necordance warn paragraph i2 hereof. Such notice shall provide a <br />period of not less than 30 desypa frog the date the notice is mailed or delivered <br />within which Borzowsr may pay the carpe declared due. Zf 9orrower fails to pa such <br />curs pricer to the expiration of such period. Lender may, without further notice or <br />demand on eorro.+er, invoke any eanedias peraitted by oaragrapn 17 hereof. <br />NOn-t?NIt~RM COVEN~rrTS. Borrower and Lender further covenant and agree as follows: <br />17. Accdaratfoa; Retaodiat. Except as prorided in pares;rap6 16 hereof. ape[ Borrower's breach otagy corensat <br />or went of Borrower to thb Deed of Trost. irscladbte Borrower's failure to pay, 6y [he end of 10 calendar days after <br />they are dw, any spa canted by this Deed of Trost, Lander prior m aecekrattoa stall gire noHtx to Borrowec e <br />pterWed in pargeaph 12 hereof specifyfaR: (1) the breach; {2) the action rcyaltsd to ettre such breach; (31 a date, not <br />lea these 20 drys from rho due the ttadce b mailed to Borrower, by which salt breach mast be curedt ued 14) that <br />Gifaee to care such breach oa or before the date apeciBeel in the rwtice may tesdt is acttieradoa of the sums scented by <br />this heed of.Trnst sad sale of the Prvpury. The oetla shall further inform Borrower of the right to reitsstate after <br />assefetacaa sad the r(t6t [o bring a wart actMe to assert the nose:istmce of a defanit or aay atber defwse of Borrower <br />to acederatioa_ and axle. tf the btauch h oot cored oa or 6efora the date specified in the aottce, Lender. at Lender's <br />optloa, may declare all o[ the soma secured by fhb Deed of Trust to 6e immed4telY due sad payable without further <br />demand asd may lavoka [be power of sale sad aay otbar reasedhs percolated by sppllcahle law. Larder shall be entitled <br />to colfaet ail rerosabM testa aced eigrcesw innrrad in pareub~ [Ito remedies ptorided is fhb panierap6 17, Including. <br />hot trot Bmibd to, reeoeable attaraega" tees. <br />If the power of sale }s Invoked, Trmtee shall tecard a aotke of defanit is each coaaq in which the Praperry ar sacra <br />part thsraoE let located aced sbafl ttsaii copies of sac6 aotke itu the eaannat prescribed by applcable law to Borrower and <br />le the other psneas peeeeribod by applicable law, after [hs laps of such tiro as may be requited by applkable law, <br />Tntsaee ahaU ~a pehlic aotbs of sale to the persoru and In the roamer prescribed 6y appBtxble taw. Trnatce, wiiMttt <br />dotaand m Btarewsc, shall sell the Peopsny u paltiic:eccloa to the bigtaat bidder at [he tlrpe sad place and under the <br />ters» dosigaaiad la the aatiae of sass hs one or more parteb and is such order ss Traatae may deterasine. Trmaee may <br />pmtpete saM o[ all or aay parcel of the Property be pobltc aatwuncement u the time sad place of any prerieusly <br />schedaiad sale. Leader e< Leader's dsai~aee may purchase [he Ptoptrty u sy sale. <br />Gpoo sepipt of payaaaot ut the price bad, Trasta shall dellrer to the putcbasa Trustee's deed come7iap the <br />P[eperty sold. The reeltab 4s the Trustee's dad shad be prima foie eridetsce of the tra[h of the statetmab made <br />thesis. Trtrpe shag apply the proceeds of the sale in the fallowitte order. tai to cif reasonable c.s:i+ and axpansaa of the <br />sale, lactedtag, bat not if~ted to. Trustee's teas artuaily incurred o[ trot more than ............. °b of the eroas:>u1e <br />peke, raaaoeiabfe attsraeys' foes aced roan of dtle eddeacet ibl co ail same secured by [hb Dad ~ Trost; and (cl the e:- <br />tmae, Brun=, mthe pessda er pexasu lshallX entitled thereto. <br />lt1- Benewer'a R~bt m Rebrtate. Notwithstanding Lender's :tcce;eration of the sums secured ' =ts Deed of <br />Truitt. dsx its Baruwer's breath, Botmwcr shall `?avt the right to have any praecdinlts txgun by Ltniiec nootce this <br />Deed of Taut duieurttinued at arty time pricer =~~ the tarter to :x cur of ii) the flBh day before the sale ~t the FrupertY <br />pursuant to the ptmver of sale c~vntained in this Deed of Trust <x iii! entry of a lodgment enfurcrng this Decd of ?riot it` <br />:at Borrewgr pays Lender all sums which would be ?heo sue under this Deed of Trust and the Nute had no accelerauoo <br />ucxutred: ?b; $otrower carts all breaches oi' any uttter covenants or agreements of Hiwrower :untamed in this Deetl of <br />Ttatt: tc) Borrower peps ail reasonable txpetises incurred by Lender and Truster in enforcing the tcweaants end <br />ag,tYaatctits cf Borcoxuer cuntattsed to thss Dad of Trust and in rntiurinl; Lender's and Trustee s remcxties as provided in <br />puagrapb l ` hrreut, tnc:udiay, but not iiauttd ta. reasvaahie attorneys' ices; and id, Botrvwer takes wch actrwi as <br />l.etudrr maY rtasuaably require tta saute t!±at the Itrn ,+f this Deed of Trust. Lender`s cntrrcst in thr. Property and <br />&an>wet't v~igatuutt :o pry the sums s€curcd by tuts Eked ut l'rust chess! :-ixntinue unimpaired. I'poa such payment and <br />curt bX itomrwex. tilts i)aaRf of Trust and ihr otrltgativns >eeured heTCbv shall aemain sn ±utl farce and effect as if no <br />actelsratxat ttad sxeurr~l. <br />