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<br />not personally liable on the Note or under this Deed of Trust, and (c) 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 />Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed
<br />of Trust as to that Borrower's interest in the Property.
<br />12. Notloe. Except for any notice required under applicable taw 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 to Borcower at the Property Address or a[ 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 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 />Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />]3. Governing Law; SeverabiUty. 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. The Foregoing sentence shalt 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 Trust or the Note conflicts with applicable
<br />law, such conflict shall not atfect 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 ate declared 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 />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 />I5. Rehabilitation Loan Agreement. Borrower shall 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 w•ho supply labor, materials or services in connection with
<br />improvements made to the Property.
<br />16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an interest therein,
<br />excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust. (b) a transfer by devise, descent, or
<br />by operation of taw upon the death of a joint tenant. or ic) the grant of any leasehold interest of three years or less not
<br />containing an option to purchase. Borrower shall cause to be submitted information required by Lender to evaluate the
<br />transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and
<br />this Deed of Trust unless Lender releases Borrower in wrtiting.
<br />if Lender, on the basis of any information obtained regarding the transferee, reasonably determines that Lender's
<br />security may be impaired, or that there is an unacceptable likelihood of a breach of any covenant or agreement in this
<br />Deed of Trust, or if the reyuired information is not submitted, Lender mar declare all of the sums secured by this lleed
<br />of "trust to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower
<br />notice of acceleration in accordance with paragraph 1 Z hereof. Such notice shall provide a period of not less than 30 days
<br />from [he date the notice is mailed or delivered within which Borrower may pay the sums declared due. if Borrower tails
<br />ro pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph 17 hereof.
<br />. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as [ollows:
<br />17. Accekrat9on; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any rnvenant
<br />or agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of 10 calendar days after
<br />they are due, any sums secured by this Deed of Trust, Lender prior to acceleration shall give notice to Borrower as
<br />provided in paragraph 12 hereof specifying: (I) the breach; (2) the action required to cure such breach; (3) a date, not
<br />les than 20 days from the date the notice is mailed to Borrower, by which such breach must be cured; and i4) that
<br />failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by
<br />this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to reinstate after
<br />acceleration and the dghl to bring a court action io assert the nonexistence of a de[ault or any other defence of Borrower
<br />to acceleration and sale. if the breach is not cured on or before the date specified in the notice, Lender, at Lender's
<br />option, may declare all of the sums secured by this Deed of 'Rust to be immediately due and payable without further
<br />demand and may invoke the power of sale and nay other remedies permitted by applicable law. Lender shall be entitled
<br />to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including,
<br />but not limited to, reasonable attorneys' fees.
<br />If the power of sale is invoked,'IYusteeBhall record a notice of default in each county in which the Property or some
<br />part thereof is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and
<br />to the other persons prescribed by applicable law. Aher tbe lapse of such time as may be required by applicable law,
<br />Trustee sball give public notice of sale to the persons and in the mancer prescribed by applicable taw. Trustee, without
<br />demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the
<br />terms designated in the notice of sale in one or mom parcels and in such order as Trustee may determine. Trustee may
<br />postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously
<br />scheduled sale. Lender or Lender's designee may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the
<br />Property sold. Tile recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made
<br />tberein. Trustee shall apply the proceeas of the sale in the following order. ja) to all reasonable costs and expenses of the
<br />safe, Eceluding, but not lfmtted ter, Trustee's fees actually incurred of not more than 1,C 2 . of• 1- . • • "'~ of the gross sale
<br />ptfce,.reasoaable attorneys' fees and costs of title evidence; (b) to all sums secured by this DeEd of Trust; and Ic) the ex-
<br />cess, if any, to the person or persons legally entitled tbereto.
<br />18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the Bunts secured by this Decd e:f
<br />Trust, due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender io enlbrcv; this
<br />Decd of Trust discontinued st any time prier to the earlier to occur of (i) the' fifth day bcti~rc the sale of rite Prolx rty
<br />pursuant to the power of sale contained in this 1?eul of Trust or {iii entq• of a judgment eukKCing thA 1!= cd of'frust if_
<br />ta) Borrower pays lxnder all Bunts which would be then due under this Dced of l"rust and the No,x ~ acceieruion
<br /><xcutted; lb) Borrower cures all breaches of en} other cvvenaats err agreements of Borrower :ontsiuc.~ ut this Decd of
<br />'T'rust; (e) Barcow•er p;,ys all reasonable ezpa.nses incurred by )_ender and Trusucc in rniorcing the covenants and
<br />,rgrecments of Borrower c•oniained in this Dead of'Cntst and in enfi~rcing Lender's and Trustte's remedies as provided in
<br />paragraph I ; hereof, including, but noY limitcti to, reas.mabie atturne}x' tees; and Id) Borrower takes such action as
<br />Lender may reasonably reyuire to ;t_csurm drat the iico eel thts De€~d of ~frust, C.en,trr~. ;nte-rest in the Pro;xrtp sod
<br />[inrcower's crhtigatian to pay thesums sscurs;d by this Decd of~7~ntst shall a+ntuutc unimpaired. DSNtn such na}ment:utd
<br />Tura by Borrower. this Ueed of Trusi and the abligattons secnrct3 herchy shall rrn,lin in lilt t~+rce and cfler::+~ if n«
<br />nereicration had ot:currcd.
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