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<br />82--(104Gi1 <br />not personally liabk on thm Note o. ,.nder this Deed of Trust, and (c) agrees th... Lender and any other Harrower <br />hereunder- may agree to extend. modify. forbeaz, or make any other ummmodations with regazd to the terms of this <br />Dtted of Trust or the Note. without that Borrower's rnnsent and without releasing that Borrower or modifying this Deed <br />of Trust as to that Borrower's interest in the Property. <br />12. NoNoe. Except for any notice required under applicable law to be given in another manner, (a) any notice to <br />Borcovree provided for in this Deed of Trust shall be grven by delivering it or by mailing such notice by certified mail <br />addressed w Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender <br />as gravided herein, and (b) any notice to Lender shall be given by certifled mail to Lender's address stated herein or to <br />such other address as Lender may designate by aotim to Borrower as provided herein. Any notice provided for in this <br />Det>d of Trust shaft be deemed to have been given to Borrower or Lender when grvea in the manner designated herein. <br />13. Go+tttning Law; Serenbillty. The state and local laws applicable to this Deed of Trust shall >x the laws of the <br />jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to <br />thb Deed of Trttst. In the event that any provision or clattse of this Deed of Trutt or the Note conflicts with applicable <br />law, such corrtlict shall not affect other provisions of thu 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 dtxlared to be severable. As <br />used herein, "costs", "expenses" and "attorneys' ftxs" include all sums to the extent not prohibited by applicable law or <br />limited herein. <br />14. 13orrotverh Copy. Borrower shall be famished a rnnfotmed rnpy of the Note and of this Deed of Trust at the <br />time of execution of after recordation hereof. <br />15. RdrahiHtatlm Lom Agreement. Borrower shall fulfil! all of Borrower's obligations under any home rehabilita- <br />tion, improvement, repair or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, <br />may require Borrower to execute and deliver to Leader. 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 ar services in connection with <br />improvements made to the Property. <br />16. Tttnsier of for Peopesry; NsssarPdoa. _ Tf all or any part of the Pro~arty or an interest <br />therein is sold or traaaferrtsd by Borzowc rithout Lendsr's pnor written conaant, <br />excluding (a) tlra creation of a lien ox ertcusbrance subordinate to this Deed of <br />Trust, (b) the creation of a purchase moaay aac,urity interest for hauaehold appli- <br />atrcea or (c) a transfer by devise, descent err by operation of law upon the death of <br />a joint tenant, Lender say, at Lender's option, declare all the suss aecuted by this <br />Dead of Trust to be itts•ediataly due an payable. Lender shall have waived such <br />option to accelerate ii, prior to the sale or transfer, Lender and the person to <br />rhos the Property is to be sold or tranafetzed reach agzsesent in writing that the <br />credit of mach paraoa is aatisfactocy to Lander and that the intexeat payable on the <br />arras secured by, thin Deed of Trust shall be at such rate as Lender shall regueet. <br />If Lender esesciaes such option to accelerate, Lender shall sail Borraret notice of <br />acceleration in accordance with paragraph 12 hereof. Such notice shall provide a <br />period of not less than 30 days frog the date the notice is sailed or delivered <br />within which Borrowr may pay the aurps declared due. If Borrower fails to paY such <br />suss prior to the expiration of such period, Lender say, without further notice ox <br />dessnd on Borrower, invoke any resedies permitted by paragraph 17 hereof. <br />NON-UNIFORM COVENANTS. Borrower and Lender further rnvenant and agm as follows: <br />17. Acoderatlos; Remedks. Except es provided fn paragraph 16 hereof, upon Borrower's breach of any cotenant <br />err ageeemmi ~ Btrtsewer is fhb Dead of Trmt, including Borrower's fallnrc to Pay, 6y lice end of 10 calendar days dtrr <br />they acs dw, any sums setwted by fhb Deed of Trtt, Lander prior to accelentloo sfraA give notice to Borrower n <br />pttorided to paragraph 12 hereof spedfyirt4: (1) t~ breach; (2) the actkm eegaired to mete each breaebt i3) a date, sot <br />tm than 2U days from the date the isetice b matkd to Sarrower, by whkh attch breach mmt be catedi sad 141 that <br />faitnse to care such breach m or before the daro specified in the rmthe scented by <br />fhb Deeel oCTrmt sad sale of the Property. The notice shall Further re ri t instate after <br />atxderatbe and the right to bring a coact actfoa [o aaseet the naaexis of Borrower <br />to aecaletatlen :od ask. IE the breach b trot cored an or before the s n n , at Lender's <br />optltur, may declare all of the soma secuttd by this Deed of Ttnst to be tmmed4tely dne and payable without farther <br />timand and may invoke the power of sak and say othes remedies permitted by applkable law. Lender shall 6e enHded <br />to collect all tmsenabk ca.u sad n:pertaes lacat:ed is pmstsltsg the remedies provided in tbb Paragraph 17, ladnding, <br />bat not limited to, redorabk atwrneri' fees. <br />Tf the power of sak b faroked, Trmtee shall racotd a notice of default is each couaq is whkh the Property or some <br />pact thereof b located sad ahttti mall roPies of such eatke in tiro mantror preser)trod by applcable hw to Harrower and <br />to the other paraots prescribed by applicabk law, Attar the lapse of attch time as nay be rtgaixd 6r applicable taw, <br />Ttrtrtae shelf give pab[k ttoUee of sale to the petsow sad to tM moaner prescribed by applicable law. Trmtee, without <br />tfamaad as Hoteower, ahsll self the Property :t psblle aaetioa W the highest bidder at the time and place and under the <br />tarts desigsatad io the notlce of oak in axe a more pttuteb and in such order n Trmtse may determine. Trmtee m:y <br />poatpeae strk of ail or say pared of the Property by pt~ile amottncement at the time and place of say previously <br />sthsdsiad stole. I.mder or Lmtfer't dmslpee may ptsrcbase the Property at any sak- <br />Upar trtesipt of payment of tbs prise 6W, Trm4ce shall deliver to rite purchaser Trustee`s deed rnnreying the <br />Peaparty acid. Thr recltab !n tM Trmtee'a dead shall 6e prima rule evidence of the truth of the statemmta made <br />' .:„, T:astee ell n r~ p_~~~ of t~ s._ta t¢ the taibwtpg order: ?ai to all raasonaWe coats and expetses of the <br />stile, ist, bat nu limited to, Trmtcel fees utualty inetrrred of not more thaa ...:~.. , ..... °JO of the grow sale <br />pttlesv reaesrabla atwaari` fee atsd coax of due e•Idencet ib1 w all stuns secured 6y this Deed of Trost; and (c) the ez- <br />esre. U asy, ssthe peesas or persons legally endued thereto. <br />la. Doeawsr's Rigbtt w Rdsrtate. Nwwithstanding Lender's accrleration of the sums secured by this Dad of <br />Trust, dire to Borrower"s breach. titxrower shall have the right to havr any pracexlings begun by Lender to enforce this <br />Dead of Trtst diseoatinued at any time prior to the eariirr to xcur of (i) the Rfth day before the sale of the Property <br />pursuant ro rite power of sale contained in this Deed of Trust or (ii) retry of a ludgmem rntorcing this Dted of Trust if: <br />(s) Hartvtrer pays Lender all sums which would be then due under this Decd of Trust and the Natc had no acceleration <br />ocetrrred: Ib) Hottowstr Cutts a:l krcaches of any other covenants or agrerments of Borcowtr contained in this Dad of <br />Trust; (c) Borrower pays ail reasonable cxptnses incurred by L.cntltr and Trustee in entaning tht covenants and <br />agtttsmettts of Harrower contaitted in this Iktd o(Trust and in enforcing Lender's and Trustee`s remeelies us pravidtd in <br />paragraph 17 hettaf, including, kut net limited to, reawnable attorneys' fees; and tell Borrower takes such action as <br />under may roaaonabiy require to assurer that the lien t>f this Ueed rtl` Frust, t.cnder's mtrrrxt in the Property and <br />Hwtowai s akiiguion to pay the stuns secured by this i?rdd at Trust shalt cvnrtntte unimpairrcl, ('putt such Paynttnt and <br />cure by Borrower, the t~ of Trus[ and the obligations struretl heceby shalt rrmatn in fut~ ii,.~2 and eiFect as if no <br />arcderatian had aeturrtd. <br />