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82-jJO46~i~
<br />not personally liable on the Note or under this Deed of Trust, and (c) agrees th... 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 />Decd of Trust or the Note, without that Borrower's rnnsent and without releasing that Borrower or modifying this Deed
<br />of Tntst 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 shall be given by delivering it or by mailing such notice by certified mail
<br />addressed m Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender
<br />as provided tteeeirr, and (b) any notice io Leader shall be given by certified mail to Lender's address stated herein or to
<br />such other address as tender may designate by.notice to Borrower as provided herein. Any notice provided for in this
<br />Deed of Trnst shall be deemed to have been given to Borrower or Gender when gives in the manger designated herein.
<br />13. Ge-erelet Lw; Sencabitlty. The state and total laws applicable to this Deed of Trust shall be the laws of the
<br />jurisdiction in which the Property is located. The foregoing sentence shalt not limit the applicability of Federal law to
<br />this Decd of Trmt. to the event that any provision or clause of this Deed of Trust or the Note rnnflicts with applicable
<br />law, such cotrflid shah not affect other provisions of this Deed of Trust or the Note which can be girrn effect without the
<br />conflicting provision, and to this end the provisions of this Dced of Trust and the Note are declarod to be severable As
<br />used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or
<br />limited herein.
<br />Ld. Borrower's Copy. Borrower shall be furnished a conformed rnpy of the Note and of this Deed of Ttttst at the
<br />time of execution or after recordation hereof.
<br />I5. Rehabltltatba Loaa Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilita-
<br />tion, improvement. repair or other loan agreement which Borrower enters inro with tender. Lender. at Lender's option,
<br />may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignmenf of any rights.
<br />ctaims or defenses which Borrower may have against parties who supply labor, materials or services in connection with
<br />improvements made to the Property.
<br />16. Ttaada of the Peepeetw, AnmPrbd : I f all or any part of the Projserty oz an interest
<br />therein is sold or transferred try Borrower without Lender's prioz written consent,
<br />sxcla~ing (a- the creation of a lien or encumbrance sttbocdinate to this Deed of
<br />Trust, (b} the creation of a purchase money security interest for household appli=
<br />artces oz (c) a transfer try devise, descent or by trperation of law upon the death of
<br />a joint tftrant, Lander may, at Lamder's opttan. declare all the same secured by this
<br />Deed of Trust to be inediataly due and payable. Lender shall have waived such
<br />oopption to accelerate if, prior to the sale or tzanafer, Lender and the person to
<br />wtwa the Prapsrty is to be sold or transferred reach agreement in writing that the
<br />credit of such parson is satisfactory to Lender and that the interest payable ort the
<br />atsmf aerated by this Deed of Truest shall be at such rate as Lender shall request.
<br />If Lender exsrciaes such option to accelerate, Lender shall mail Borrower notice of
<br />acceleration in accordance with paragraph 12 hereof. Such notice shall provide a
<br />period of trot leas than 30 desys frog the date the notice is mailed or delivered
<br />within which Borrower slay pay the sstrps declared due. If Borrower fails to pay such
<br />ears prior to rya expiration of such period,. Lender may, without further notice or
<br />dessnd on Borrowtr, invoke any remedies permitted by paragraph 17 hereof,
<br />Nod-UNIt~Rbf COV t:dAtrrs. Borrower and Lender further covenant and agree as follows:
<br />17. Accderatkta; Itemadia. Except as provided In paragraph 16 hereof, upon Borrower's breach of any rnrenant
<br />a aereameat of Bareeowaln this Deed of Trost, lnclttding Bmrowah fatlttee to pay, by the sad of 10 calendar days after
<br />they are dw, say same scented by risk Deed of Trent, Leader prior to tteceleration shall give ttoda to Borrower as
<br />provided In paragraph L2 herasf apecityitrg: Il! the breach; 12) the action regafred to cure sack breach; (3) a date. not
<br />Ins than 20 days from [he date the oodce k mailed to Borrower, by which sack breach mint lx enred; sad (4) that
<br />[atlnre to cues such breach on or before the date specified In the aeries may resalt In scedcndon of the sums secured by
<br />task Deed oETrmt and sale of the Property. The notice shall farther inform Borrower of the right to reinstate after
<br />acedendoa and the right m brine a wart actkm to assert the noaexktence of a default or any other defense of Borrower
<br />to acceleration sad sak. If the breach k not cared oa or before the date specified.,- .t._ ..,tr.._ r...a.._ .r nder's
<br />option. may declare all of the soma secured by thk Deed of Trmt to be immedLteg iiui3;fa her
<br />demand sad may invoke the power of sate and any other remedis permitted by applicabb law. Linder shallbe enUUed
<br />W collect atl ceasosabk mats sad a:pemea ineatted in parsaiae the mtsxdlea provided in this Paragraph 17, Incladiae,
<br />bat not Ilmitad to, reasonabb attomeya' [ea.
<br />it the power of sale k revoked, Trmtea shall record a notice of detaalt in each county in which the Property or some
<br />part tbereaf k located and shall matl copies of each notice 1o the manna preacdbed by appUcable law to Borrower sad
<br />to the other parsons prescribed bl' :pplMabb law. Arta the lapse of such dins as may 6e regntred by apptlca6la law,
<br />Trestles shatl errs pshtle netloe of sate to Ure panom and in the masaet prescribed by apptlcabb law. Trwtee, without
<br />demand on Borrewa, shall sell the Property at ptahik anctlon to the highest biddy at the time sad place and order the
<br />term daieoated Os tM nodes of anti b o~ oc more parcek and fa such order u Trmtee may determine. Trustee may
<br />psafpoo. sob of alt or any paced of the Property by psrbik aanouncemeet u the time and piece of my previously
<br />sshedsied solo. Laoda or [,eadar's desie<ate may purchase the Property at any sde.
<br />Open receipt of payment of the price bid, Trmtae stmt deUrer to the purchaser Trmtee's deed conreyine the
<br />Praparty sold. The recitals is the Trustee's deed ahafl be prima facie evidence of the truth of the statements made
<br />therein. Traaex ahatl apply the proceeds of the sob in the following order: tai to ail reasotubie costs sod expenses of Ute
<br />sale. lnctadlae, bas sat Umited to. Ttaatee's fees actsatly incurred of not more than ... ~A.. , ..... "5 of the grog sob
<br />pries, resosahb sttsrnsys' fees and coati of dtk evidence; (61 to all sums secured by thk Deed of Trent; sad Ic) the ex-
<br />pm, K aay> to the passes err perwm beaky mdtbd thereto.
<br />lfi, Bnetotwr's ltleht to Reimtate. Notwithstanding Lender's acceleration of the sums secured by this fhb of
<br />Trost, duo to Bt#rower's broach, Borrower sha}I have the right to have any proceedings begun by Lender to enforce this
<br />Dprd of Trust discontinued at any time prior to the earlier to occur of [i) the fifth day before the sate of the Property
<br />pursttsut to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if:
<br />ice} Barosvrr pays Lender all sums which would be then dun under this [bed of Trust and the Note had no acceleration
<br />otxurrotl; (b) Borrower cures alt breaches of any other covenants or agreemenn of Borrower contained in this Deed of
<br />Trust; (c) Bartovvcr pays ail reasonable expellees tncurred by Lender and Trustee in enforcing the revenants and
<br />agreemuau of Borrower contained in this lleod of Trust and in enforctng Lcndcr's and 7'rustce's remedies as provided in
<br />ptusgraph t? hereof, including, but nut limited ta, reasonable attorneys' fees: and [d! Borrower takes such action as
<br />Lcada may reaseaably rcgtute to assure that the Lien of this Deevt of Trust, tender's tnterest in the Property and
<br />B9rrow+t~(~s nbligarion to pay the sums secured by this Cletld of Trust sio nit tvntittur unimpaired. Upon such payment and
<br />care by lltxrow¢t, Chia Deal ,±f 'I'rtest and the c,bligations secured hrrrbi shall remain rn full forte and etTact as tf no
<br />as-aelcration hod csccurred.
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