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r <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 regazd to the terms of this <br />Deed of Trust or the Notc, 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. 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 o wen 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 mai- 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 />13. Gmernlag Law; Severabtltry. The state and local laws applicable to this Deed of Trust shall be the laws of the <br />jurisdiction in which [he Property is located. The foregoing sentence shall 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'Crust or the Note conflicts with applicable <br />taw, such conflict 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 are 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 No[e and of this Dced of Trust at the <br />time of execution of after recordation hereof. <br />15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilita- <br />lion, improvement, repair or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, <br />may requite Borrower to execute and deliver to Lender, in a form acceptable to Lender, art 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 />Ili. Transfer of the Property; Assompdoe.: if all or any part of the Property or an interest <br />therein is sold oz transferred by Borrower without Lender's ~rrior written consent, <br />excludingg (a) the creation of a lien or encumbrance subordinate to this Deed of <br />Trust, (b) the crea*_ion of a purchase teoney security interest for household appli= <br />auras 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 errors secured by this <br />Deed of Trust to be immediately due and payable. Lender shall have waived such <br />option to accelerate if, prior to the sale or transfer, Lender and the person to <br />whom 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 />sums secured by this Deed of Trust shall be at such rate as Lender shall request. <br />If Lender exercises 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 not less than 30 days from the date the notice is mailed or delivered <br />within which Borrower may pay the sutps declared due. If Borrower fails to pay such <br />sums prior to the expiration o€ such period, Lender may, without further notice or <br />demand on Hccrower, invoke any remedies permitted by paragraph 17 hereof. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Acceleration; Remedies. Ezttpt es provided In paragraph lti hereof, upon Borrower's breach of any covenant <br />or agreement of Borrower in this Dced of Trost, including Borrower's failure to pay, by the end of 10 calendar days after <br />they ace clue, any sums secured by tbts Deed of Trust, Lender prior [o acceleration shall give notitt to Borrower as <br />provided in paragraph 12 hereon specifying: h) the breach; (2) the action required to cure such breach; (31 a date, not <br />less than 20 days from the date [he notice is mailed to Borrower, by which such breach must be cured; and (4) 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 Dad of_Truat and sale of the Property. The notice shall ft}~'rpwe n t to reinstate after <br />acceleration and the right to bring a rnurt action to assert the no~:iste[ic2[eYailYifavlt or as he defense of Borrower <br />to acceleration and sale. If the breach is not clued on or before; t~e radar, at Lender's <br />~~ .__ <br />option, map declare all of the sums secured by this Deed of Trust to be immediately~ae and payable without further <br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled <br />to collect a1I reasonable costs and expenses incurred in pursuing the remedies prorided in this paragraph 17, including, <br />bat not Itmited to, reasonable attorneys' fees. <br />If the power of sale is invoked, Trustee shall record s notice of default In each county in which the Property or some <br />put thereof is located and shell matt rnpip of such notice is the manner prescribed by applicable law to Borrower and <br />to the other persons prescribed by applicable law. After the Ispse of such time u may be required by applicable law, <br />Trustee shag give pub![c notice of sale to the persona and in the manor prescribed by applicable law. Trustee, without <br />demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and putt and under the <br />terms designated In the notice of sale to one or more parcels and in such order ss Trustee may determice. 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 say sale. <br />Upon receipt of payment of [he price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Property sold. The recitals in the Trustee's deed shall be prima [aria evidence of the truth of the statements made <br />[herein. Trustce shag apply the proceeds of the sale in the following order: (s) to ail reasonable costs and expenses of the <br />sale, including, bui not limited to, Trustee's fees actually incurred of not more than ............. % of the gross sale <br />prig, reasonable attorneys' Fees and costs of t1Ue evldeoce; 16) to all sums secured by this Deed of Trust; and lc) the ex- <br />eau, if any, totbs person or persons legally eatiUed thereto. <br />18. Borrower's REght to Reinstate. Notwithstanding Lender'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 by Lender to enforce this <br />Deed of Trust discontinued at anc time prior to the earlier to occur of (i) [he fifth day before the sale of the Property <br />pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: <br />(a) Bcrrower pays Lender al) sums which would be then due under this Deed of Trus: and the Note had no acceleration <br />occurred; (b) Borrower cures al) breaches of any other cove..^,a[[ts or agreements of Borrower contamrd in this Deed of <br />Trust: (e) 8arrower pays al) reasonable expenses incurred by Lender and Trustee in enforcinK covenants and <br />agrcements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in <br />paragraph 17 hereof, including, but not IimitrA to, reasonable attorneys' t;•es; and (dl Borrower takes such action as <br />Lender may reasonably require ro assure that the lien of this Ueed of Trust, Lender's interest in the Property and <br />BotTOwcr's obligation [v.pay the sums Secured by this Debd of Trust shalt continue unimpaired.:)pon such payment and <br />cure by Borrower, this [had of Trust ,xnd the obligations secured herek,c shall remain m full force and effect us if no <br />.a,..slexatitx, had occurred, <br />