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������� <br /> � �a�o�►c�ia51 99-��z�s,� <br /> 14. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home : <br /> rehabilitation, improvement, repair or other loan agreement which Borrower enters into with Lender. Lender, at <br /> Lender's option,may require Bonower to execute and deliver to Lender, in a form acceptable to Lender, an assignment : <br /> of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in <br /> connection with improvements made to the Property. : <br /> 15. Transfer of the Property or a Beneficial Interest in Borrower, Assumption. If all or any part of the Property : <br /> or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Bonower is : <br /> not a natural person) without Lender's prior written consent, Lender may, at Lender's option, for any reason, declare : <br /> all the sums secured by this Deed of Trust to be immediately due and payable. However, this option sha11 not be : <br /> exercised by Lender if exercise is prohibited by Federal law as of the date of this Deed of Trust. : <br /> If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period : <br /> ' of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured : <br /> by this Deed of Trust. If Borrower fails to pay in full these sums prior to the expiration of this period, Lender may : <br /> invoke any remedies permitted by this Deed of Trust without further notice or demand on Bonower. : <br /> This Deed of Trust may not be assumed by a purchaser without the Lender's consent. If an assumption is allowed, the : <br /> Lender may charge an assumption fee and require the person(s)assuming the loan to pay additional charges as authorized : <br /> by law. : <br /> ARTICLE II <br /> NON-LTNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: : <br /> 16. Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this Deed <br /> of Trust, including without limitation the covenants to pay when due any sums under the Note secured by this : <br /> Deed of Trust. Lender, at Lender's option,subject to the following sentence, may declare all of the sums secured <br /> by this Deed of Trust to be immediately due and payable without demand or notice and may invoke the power <br /> of sale,and any other remedies permitted by applicable law. Prior to recording any notice of default Lender shall : <br /> give Borrower notice of default as required by law and, in the event of a default consisting only of Borrower's <br /> failure to make a required payment, Borrower shall once, as provided by law, have twenty (20) days after such : <br /> notice is given to cure such default by tendering the amount due at the time of the tender, without acceleration, <br /> plus any unpaid charges. After recording a notice of default,Lender shall be entitled to collect in such proceeding <br /> all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees or trustee's and costs of <br /> documentary evidence, abstracts and title reports. : <br /> If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property : <br /> is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other : <br /> persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice of sale : <br /> to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the : <br /> Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale <br /> in one or more parcels and in any arder Trustee determines. Trustee may postpone sale of all or any parcel of the <br /> Property by public announcement at the time and place of any previously scheduled sale. Lender of its designee may <br /> purchase the Property at any sale. : <br /> Trustee shall apply the sale proceeds, first, to the costs and expenses of exercising the power of sale and of the sale, <br /> including the payment of the Trustee's fees actually incurred not to exceed fifteen percent (15%)of the gross sale price, : <br /> second, to payment of the obligation secured by this Deed of Trust, third, to the payment of junior trust deeds, : <br /> mortgages or other lienholders, and the balance, if any, to the person or persons legally entitled thereto. : <br /> 17. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to : <br /> Lender the rents of the Property, provided that Borrower sha11, prior to acceleration under paragraph 16 hereof or : <br /> abandonment of the Property, have the right to collect and retain such rents as they become due and payable. : <br /> Upon acceleration under pazagraph 16 hereof or abandonment of the Property, Lender shall be entitled to have a receiver <br /> appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property <br /> including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management : <br /> of the Property and collection of rents, including,but not limited to receiver's fees, premiums on receiver's bonds and : <br /> reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. The receiver shall be liable to account : <br /> only for those rents actually received. <br /> 18. Loan Charges. If the loan secured by this Deed of Trust is subject to a law which sets maximum loan charges, : <br /> and that law is finally interpreted so that the interest or other loan chazges collected or to be collected in connection with : <br /> the loan exceed permitted limits, then: (1) any such loan charges shall be reduced by the amount necessary to reduce : <br /> the charge to the permitted limit; and (2) any sums already collected from Borrower which exceeded permitted limits : <br /> will be refunded to Borrower. <br /> / • <br /> � <br /> /` <br /> 230792(Rev 07) Page 4 of 5 (Ol/97)NE FR/ARM/PEL Deed - <br /> 0005308153 LILYHORN �' <br /> �_�............................. <br />