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.
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