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82-{~04yU~'
<br />not personally liable on the Note or under this Deed of Trust. and (cl agrees th... Lender and any other Borrower
<br />hettunder may agru to ertrnd. modify, forbear, or make any other accommodations with regard to the terms of this
<br />Dud of Taut or the Note, without that Botxotver's cotrsrnt and without releasing that Borrower or modifying this Deed
<br />of Trust as to that Borrower's interest in the Property.
<br />12. Natlee. Except for any notice requires! tinder applicable law to be given in another manner, (a) any notice to
<br />Borrower provided fa in this Deed of Trust shat: 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 herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated hereto or to
<br />such other address as Lender may designate by-notice to Borrower as provided herein. Any noti« provided for in this
<br />Deed of Trust shall be deemed to have bun given to Borrower or Lender whrn given in the maaaer designated herein.
<br />13. Gwttrnitag Law; SeverabNty: The state and focal taws applicable to this Deed of Trust shall be the laws of the
<br />jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal !aw to
<br />this Dud of Trtut. In-the event that any provision or clause of this Deed of Tctmt or the Note rnnflicts with applicable
<br />law, such rnnflict 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 aze declared to be severable. As
<br />rued herein, "costs". "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or
<br />limited herein.
<br />14. Betrtevrer's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trtut at the
<br />tune of ezecntion or after rernrdation hereof.
<br />15. RehabiBtatlon Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilita-
<br />tion, improvement, repair of other loan agrument which Borrower enters into with Lender. Lender, at Lender's option,
<br />may require Borrower to execute and deliver to Lender. in a form ac«ptable to Lender, an assignment of any rightr,
<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. Tsaader of the Property; Asamptloa. , If all or any part of the Property oz an interest
<br />therein is sold or transferred by Borrower without Lender's prior written consent,
<br />excluding (a) the creation of a lien or enctrtabrance subordinate to this Deed of
<br />Trust, (b} the creation of a purchase money security interest for household appli-
<br />ances or (c) a transfer by devise, descent or by operation of law upon the death of
<br />a joint tenant, Lender may, at Lender's option, declare all the sums. secured by this
<br />Deed of Tzuat to be ittttsediately due and payable. Lender shall have waivedd such
<br />ooQQtion to atclelerate if, prior to the sale or transfer, Lender and the person to
<br />woos the Property is to be sold or transferred reach agreement in writing that the
<br />credit of such person is satisfactory to Lender and that the interest payable on the
<br />suss secured try this Deed of Trust shall ire at such rate as Lender shall request.
<br />If Lender exercises such option to accelerate, Lender shall trail Borrower notice of
<br />acceleration in accordance with paragraph 12 hereof. Such notice shall provide a
<br />period of trot less than 30 despps from the date the notice is tootled or delivered
<br />within which Borrower rosy pay t:he stops declared due. If Borrower fails to pay such
<br />suss prior to the expiration- of such period, Lender rosy, without further notice or
<br />detsand on Borrower, invoke any remedies permitted by paragraph 17 hereof.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further crovenant and agree as follows:
<br />17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant
<br />oragreement of Borrower in thL Deed of Trust, inclading Borrower's failtue to pay, 6y the end of 10 calendar days after
<br />they are else, any strap aecnred by thtr Deed of Tract, Lender prior to acceleration shall give notice to Borrower as
<br />prnrfded is paragraph 12 hereof specifying: (1) the breach; (2) the act[an required to cure such breach; (3) a date, not
<br />ids than- 20 days from the date the nonce is mailed to Borrower, by which sce6 breach moat be cured; and (4) that
<br />failsre to ctrre such breach on or before the date specified in the notice may result in acceleration of the sums secured by
<br />this Deed oETrmt and sale of the Property. The notice shell farther inform Borrower of the right to reinstate after
<br />aculeradon and the right to bring a cotrrt action to assert the nonexistence of a default or any other defense of Borrower
<br />to sccelention and sale. IE the breech is not cared on ar before the date spec' a notice, Lender, at Lender's
<br />optioa, may declare aB of the soma secured by this Deed of Trust to be immed~~~~ her
<br />demand sad may htroke the power of sale and any other remed[es permitted by a~tpiiet~s t I e fled
<br />to coUtxt all reatrottmbk costs and expenses iacarred In ptustring the remedies pr3vldad~iQ#dtS'bltt?~t~~ ,;__ 8,
<br />bat aot limited to, reasomtbk attorneys' fed.
<br />if the power of sale is iavoked,'Itiastee s1ull record a notice of default in each county in which [he Property or some
<br />part thereof ~ located asd shall mail cupid of such notice to the manner prescribed by applicable law to Borrower and
<br />to the other petnwas prescribed by applicable law. After the lapse of such time as may tie required by applicable Iaw,
<br />Trustee shall gl:e pnb)k notltx of ark to the panow sad la the mannerptescribai by applicable-Iaw. Trustee, withont
<br />&mand on Borrower, shall sell the Property at pabik ascNoa to the highest bidder at the time and place and ender the
<br />terms designated In the notice of sale in one or moo parcels and in such order as Trustee may. determine. Trustee may
<br />postpone sak of all or say pared of the Property 6y public announcement at the time and piece of any previossly
<br />scbedu-ed sa-e, Lender or Lender's designee may ptuchase the Property at asy sale.
<br />Upon receipt of payment of the price bid, Ttrostee shall deliver to the ptrrehaser Trustee's deed conveying the
<br />Property sold: The reclhb in the Trustee's deed shall be prima facie erldence of the truth of the statements made
<br />.therein. Tlrastee shall apply the proceeds of the sale in the faDowing order: (s} to all reasartable costs and expenses of the
<br />sale, Including, bat not Umited to, Trustee's fed actually tortured of not more than .. NSA ....... % of the gross sale
<br />price, ceasatoable attar~ys' fees and costs of Htle evidence; Ib) to aU sums secured by this Deed of Trust; and Ic) the ez-
<br />cesa, it anq, to the person or perwm legally entitled thereto.
<br />18. Bonmwer'e Right to Reinstate. Notwithstanding ixnder's acceleration of the sums secured by this Deed of
<br />Trust, due to Borrower's breach. Borrower shall have the right to have any proceedings begun, oy Lender to enforce this
<br />Decd of Trust disrnntinued ai any time prior to fire earlier to occur of (i) :hr fifth day before the sale of the Property
<br />pursuant to the power of sale crontaintxl in this Deed of Trust or (ii) rntry of a judgment enforcing this Deed of Trust if:
<br />(a) Borrower pays Lender alt sums which would be then due under this Deed of Trust and the Note had no acceleration
<br />accurred; fb) Borrower cures all breaches of any other covenants or agreements of Borrower eont;~ined in this Deed of
<br />Ttust;(c) Borrower pays ail rcasonaby expenses incurred by Lender and Trustee in enfue~. ;he covenants and
<br />agreementr pf Borrower contained in this Deed afFrust and in enforcing Lender`s and Trustee's remedies as provided in
<br />parag{aph !7 hereof, including, but not limited to, reasoaabte attorneys' fees: and (d) i3orrower takes such action as
<br />I.,ettder may reasonably require to assure that the lien of this Deed of Trost, Lender's interest in the Property and
<br />Borroyrcr's abligaiirn N pay the sums secured by this Deed of Trust shall continue uz:intpatred. Upon such payment and
<br />cute by Borrower, this Decd of 'frtsst and the ~zbiigations secured h~teby she!! rtmatn to Full farce and ttTect as if no
<br />acceleration had accnrrtd.
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