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<br />82- O(1~785
<br />not personally liable on the Note or under this Deed of Trust, and ic) agrees 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 />Iked of Trust or the Note, without that Borrower's consent and without releasing chat Borrower or modifying this Deed
<br />of Trust as to that Borrower's interest in the Property.
<br />12. Notke. Except for any notice required under applicable law to be given in another manner, (a) any notice to
<br />Bortow'er provided for is this Deed of Trust shall be given by delivering it or by mailing such notice 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 Itetein, and (b) anp notice to Lender shall be given by certified mail to Lender's address stated herein or to
<br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this
<br />Decd of Trust shall be d«med to have been given to Borrower or Lender when given in the manner designated herein.
<br />13. Governing l,asr Se.erabiBry. The state and local laws applicable to this Deed of Trust shall be the laws of the
<br />jurisdiction in which the Property is located. Tfie foregoing sentence shall not limit the applicability of Federal lace to
<br />this Deed of Trust. to the event that any provision oc 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 effeM without the
<br />conflicting provision, and to this end the provisions of this Deed of Trust and the Note aze declared to be severable. As
<br />used herein, "costs", "expensei 'and "attorneys' fees" include ail sums to the extent not prohibited by applicable law or
<br />limited heroin.
<br />14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the
<br />time of execution or after recordation hereof.
<br />15. Rehabil{tatbn Goan Agr«ment. Borrower shat) fulfill 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 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 in connection with
<br />improvements made to the Property.
<br />16. TrasfaoftheProperty;Amu®Ption'_if all or any part of the Property or an interest
<br />therein is sold or transferred by Bor;over without Lender's isrior written consent,
<br />excludingg (a) the creation of a lien or encumbrance subordinate to this Deed of
<br />Trust, (b} the creation of a purchase money security interest for household appli=
<br />auras oz (c) a transfer by devise, descent or by operation of law upon the death og
<br />a joint tenant, Lander may, at Lender's o Lion, declare all the stress secured by this
<br />Deed of Trust to be it®ediately due and payable. Lender shall have waived such
<br />ogtion to accelerate if, prior to the sale or transfer, Lender and the person to
<br />mottos the Property is to be sold or transferred reach agreement in writing that the
<br />credit of sudr person is satisfactory to Lender and that the interest payable an the
<br />suss secured by this Deed of Truest shall be at such rate as Lender shall request.
<br />If Lender exercises such option to accelerate, Under shall mail Borrower notice of
<br />acceleration in accordance with paragraph 12 hereof. Such notice shall provide a
<br />period of not less than 30 despa -from the date the notice is mailed or delivered
<br />within which Borrower may pay the stzrps declared due. If Borrower fails to pay such
<br />sums prior to the expiration of such period., Lender may, without further notice or
<br />demand on Borrower, invoke any re~diea permitted by paragraph 17 hereof.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />17. Aceeleratioa; Remedies. Except as provided iA puagraph 16 hereof, upon Borrower's breach of any coveaaat
<br />or agreement of Borrower in this Deed of Trust. including Horrower'a failure to pay, by We end of 10 calendar days after
<br />they ace-due, any sums secured by thFs Deed of Tract, Leader prior to acceleration shall give notice to Borrower a:
<br />provided In paragraph 12 hereof specifying: 111 the breuht 121 the action required to cure such breach; 13) a date, not
<br />feu Wan 20 days from the date the notice is mailed to Borrower, br which such breach moat tre cured; and 14) that
<br />failure to cure such breach on or before the date specified in the notice may result }n acceteratlon of the sums secured by
<br />Wis D«d oLTrast and sale of the Property. The notlce shall further inform Borrower of the right to reinstate after
<br />scceleratlon and We right to bring a mart action to assert the nonexistence of a default or any ocher defense of Borrower
<br />to acceleration and sale. If the breach is not cured on or before We date specified in the notices 7.ender,:;at Lender's
<br />opt[on, may declare all of We sums seeared br Wis Detd of Trust to be immediately doe and prtyable without further
<br />demand and may invoke We power of sale and any older remedies permitted by applicable Jaw. Lender shall bn entitled
<br />to collect alt reasonable costs and expenses incurred W pursuing We remedies provided to tilts puagraph 17, including,
<br />but not Itmtted io, reasonable attorneys' fen.
<br />If the power of sale is invoked, Trust« shah record a nodes of de[sult in each county in which the Property or some
<br />put thereof is located and shall mall copies of such nottce in We manner prescribed by applicable taw to Borrower and
<br />to the other perwm prescribed by applicable law. After the lapse of such time as may be required by applicable law,
<br />Trust« shall give public notice of sak to the persons and in the manner prescribed by applicable law. Tract«, wiWout
<br />demand on Borrower, shall sell We Property at publk aucttoa to We highest bidder at the time and place and wader the
<br />terms designated in the notice of sak to one or mono parcels and in such order as Trustee may dctermiae. Trust« may
<br />postpone sale of all or any pucel of fire Property by public announcement at the time and piece of any previously
<br />uhednled sale. Lender or Lender's designee may purchase We Property at any sate.
<br />Upon receipt of payment of the price bid, Trust« shall deliver to the purchaser Trustee's deed conveying the
<br />Property said. The rccitab }a the Tract«'s deed shall 6e prima facie evidence of the truth of We statements made
<br />therein. Trustee shag apply the proceeds of the sale In the following order: Is) to all reasonable casts and expenses of the
<br />sak, including, but not Limited to, Trustee's fees actually incurred of not more than ...... . ...... ''o of the gross sale
<br />pries, reasonable attorneys' fees and costa of tltle evidence; Ib) to all solos secured by thin Deed of Trnsp and Ic) We ez-
<br />cess, if as?, to the penoa or peirsorrs isgaBy entitled Weceto.
<br />31i. Hoerawer'a R3gbt to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed trf
<br />Trust, due to Borrower's breach. Borrower shall have the right to have any proceedings begun by Lender to enforce this
<br />Deal of Trust disconttnued at any time prior to the earlier to occur of Ii) the fifth day before the sale of the Property
<br />pursuant to the power of sate contained in this Deed of Trust or tit) entry of a judgment enforcing this Deed of Trust if:
<br />(a1 Borrower pays Lender alt sums which would be then due under this Deed of Trust and the Note had no acceleration
<br />occurred; (b) Borrower c"urea alt breaches of any other covenants err agreements of Borrower comaincd in this Deed of
<br />Treat; (e) Borrower pays all reasonable expenses incurred by Lender and Trustee to enforcing ' _ : •rvenants and
<br />agreements of Burrowrr contained in this Deed i,f Trost and in enforcing Lerdez's and'frustet's rerc~. ~s provided in
<br />paragraph 17 hereof, including. but not limited tu, reasonable. atturaeys' fees, and td) ilorrewer :ekes such action as
<br />lender may reastsnahly rei}uiee to assure that the hen of this Deed of Trust. ixnder's interest in the )'rupexty and
<br />$i1CVweC s abtigati,?a ;v pat t)':r cams secured t;y this i7e6d ni Trust shut; continue unimpaired. i?pvn sash paytnani and
<br />cure by Botro+v~er, thi< i?ea1 of Trust sad the ~+t+iigaiarrts secured hereby shall remain i,z roil force sad tftect as ,i nv
<br />aci~t)eratiun had incurred. '
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