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81-- JQ466~ <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 az to [hat Borrower's interest in [he 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 [his Deed of Trust shall be given by delivering it or by mailing such notice by certified mail <br />addressed to Borrowee a[ the Property Address or at such other address as Bottower 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 />13. Governing Law; Severability. The state and local 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 applicabilit}• of Federal law to <br />[his Deed of Trust. In the event [hat any provision or clause of this Deed of Trust or the Note contiicts with applicable <br />law, such conflict shall not affect other provisions of this Deed of Trust or [he Note which can be given effect without the <br />conflicting provision, and to this end [he provisions of this Deed of Trust and the Note are declared to be severable. As <br />used herein, "costs", "expenses" and "attorneys' tees" include all sums to Lhe 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 [his Deed of Trust at the <br />time of execution or after recordation hereof. <br />15. 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 [o 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. Transfer of the Property. If Borrower setts 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 law upon the death of a joint tenant, or (c) 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 az 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 writing. <br />If Lender, on the basis of any information obtained regarding [he 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 [his <br />Deed ot'Trust, or if the required information is not submitted, lender may declare all of the sums secured by this Deed <br />of Trust [o be immediately due and payable. If Lender exercises such option to accelerate. Lender shall mail Borrower <br />notice of acceleration in accordance with paragraph ! 2 hereof. Such notice shall provide a period of not less than 30 days <br />from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. !f Borrower fails <br />to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Bottower. <br />invoke any remedies permitted by paragraph 17 hereof. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Accclerstion; Remedies. Exrnpt as provided in paragraph 16 hereof, upon Borrower's breach of any covenant <br />or agreement o[ Borrower in this Deed of Trwl, 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 Trwt, Lender prior to acselention shall gire notice to Borrower as <br />provided in paragraph 12 hereof specifying: IU tlw breach; 121 the action required /o cure such breach; (31 a date, not <br />leap than 2U days from the date the notitt 4 mailed to Borrower, by which such breach mwt 6e cured; and (41 that <br />tailors to rare such breach on or before the date specl8ed le the notlaro Itttty' result in acceleratton of the sums secured by <br />this Decd of Trwt and sale of the Property. The notice shall further Inform Borrower o[ the right to reWsgte after <br />acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense o[ Borrower <br />to acceleration and sale. U the breach is not cured on or before the lots spcelBed in the notice, !.,ender, at Lender's <br />option, may declare all of the sums secured by this Dced of Trwt to be immediately due and payable without turthu <br />demand and may Invoke the power of sale and any 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 paragnph il, including, <br />but not Ihnited to, reasonable attorneys' tees. <br />If the power of sale is invoked, Trwtee shall record a nodce of default to each county in which the Property or some <br />part thereof is located and shall mall copies of such notice to the mwtner prescribed by applicable law to Borrower and <br />to the other persons prescribed by applicable law. Alter the lapse of such time as may be required by applicable law, <br />Trusice shall ¢Ive public notice of sale to the peesoas and in the meaner prescribed by applicable law. Trwtce, without <br />demand on Borrower, shall sell the Property at public auction to the hi¢hest 6tdder at the time and place and under the <br />terms designated in the notice of sale in ooe or more parce4 attd In such order as Trwtee may determine. Trwtee may <br />postpone sale a[ all or any parcel of the Property by public announcement at the time and place o[ uty previowty <br />tchoduied sale. Lender or Leader's desl¢nce may purchase the Property al any sale. <br />Upon receipt of payment of the price bid, Trwtee shall deliver to the purchaser Trustee's deed conveying the <br />Property sold. The recitals in the Trwtce's dead shag be prima [~cie ertdenre of the truth of the statements made <br />therein. Trwlee shall apply the proccec4 of the sale In the fogowin¢ order: tai !o all reasonable cats and expenses of the <br />sale, includin¢, but not limited to, Trw/ce'a Cea actually Incurred of not more than :~./.2 .QI:.1,11Q % of the gross sale <br />price, reasonable attorneys' fee sad watt of title evidertcei Ibl to all sums secured by this Used of Trwtt and Icl the ex- <br />caw, if tiny, to the petsan or peaotu legally eatilh:d thereto. <br />18. Borrower's Ri¢ht to Rehutate. Notwithstanding Lender's utt~rleralion of the sums secured by this Deed of <br />'frus4 due to Borrower's breach. Borrower shat! have the right to have any pnueedings begun by Linder to eufone this <br />bred of Trust discontinued at any time prior to the earlier to occur of (iI the fifth day before the s:de of the Properly <br />pursuant to the power of sale contained in this Deed o(Trust or iii) entry of a judgment enfureing this Deed uf'frust if: <br />(a) Burrower pays Lender all sums which would be then due under this Decd of !'rust and the Nate had no acceleration <br />occurred: (b) Burrower cures all breaches of any other covenants or agreements of Burrower contained in this Deael of <br />-trust; (c) Burrower pays uil reasunuhie expenses incurred by l.rnder and Truster in eoforcing the covenants and <br />ugteetncros of Borrower amtaiasd in this Decd of°Crust and in enforcing L.eader's and "frusts~c's rentcdies as provided in <br />paragraph i' hereof, including, but not limited ta, rrasonable attorneys' firs: and (d) Borrower takes such xs•tinn as <br />Lender may reasonably require to assure that the lien of this Decd of Trust, tinder's interest in th~~ Pacprrh and <br />Borrower'x uhligation tq pay the runts securest by this t)ec+1 of ~frust shall amtinue unimpaircd_ L'Ixrn such payment and <br />sure t+y Harrower, this Ikcd c.( ~1'rusi and the .ib(i~,at ions secured herclty vh-utl remain in Tull flirts anti ellr,:t as it no <br />xcceleraUon had tnxuttrd. <br />