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2000450 <br />(Page 4 of 5) <br />owner of the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and <br />which does not relate to a transfer of rights of occupanc`, in the property, or (i) any other transfer or disposition <br />described in regulations prescribed by the Federal Home Loan,, Bank Board, Borrower shall cause to be submitted <br />information required by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower <br />will continue to be obligated under the Note and this Deed of Trust unless Lender releases Borrower in writing. <br />If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Deed of Trust <br />to be immediately due and payable. 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 period of not less than 30 days from <br />the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to <br />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 />NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, or as otherwise required by law, <br />upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including <br />Borrower's failure to pay, by the end of ten (10) calendar days after the date they are due, any sums secured <br />by this Deed of Trust, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 <br />hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 20 days <br />from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to <br />cure such breach on or before the date specified in the notice may result in acceleration of the sums secured <br />by this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to <br />reinstate after acceleration and the right to bring court action to assert the nonexistence of a default or any <br />other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified <br />in the notice, Lender, at Lender's option, may declare all of the sums secured by this Deed of Trust to be <br />immediately due and payable without further demand and may invoke the power of sale and any other <br />remedies permitted by applicable law. Lender shall be entitled to collect all costs and expenses incurred in <br />pursuing the remedies provided in this paragraph 17 to the extent permitted by applicable law. <br />If Lender invokes the power of sale, Lender or Trustee shall mail copies of a notice of sale in the manner <br />prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. Trustee shall <br />give notice of sale by public advertisement for the time and in the manner prescribed by applicable law. <br />Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash <br />at the time and place and under the terms designated in the notice of sale in one or more parcels and in such <br />order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property to any later <br />time on the same date by public announcement at the time and place of any previously scheduled sale. <br />Lender or Lender's designee may purchase the Property at any sale. <br />Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant <br />or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the <br />truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) <br />to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's fees and <br />attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if <br />any, to the person or persons legally entitled thereto. <br />18. Borrower's Right 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 any time prior to the earlier to occur of (i) the 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) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration <br />occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of <br />Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and <br />agreements of Borrower contained in this Deed of Trust, and in enforcing Lender's and Trustee's remedies as provided <br />in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees to the extent permitted by applicable law; <br />and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust, <br />Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue <br />unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall <br />remain in full force and effect as if no acceleration had occurred. <br />19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, <br />Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under <br />paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due <br />and payable. <br />Upon acceleration under paragraphy 17 hereof or abandonment of the Property, Lender, in person, by agent or by <br />judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect <br />the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to <br />payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's <br />fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. <br />Lender and the receiver shall be liable to account only for those rents actually received. <br />20. Release. Upon payment of all sums secured by this Deed of Trust, and, if this Deed of Trust secures a Revolving <br />Loan Agreement, Borrower requests Lender to release this Deed of Trust, Lender shall cause this Deed of Trust to be <br />released without charge to Borrower. Borrower shall pay all costs of recordation, if any. <br />21. Substitute Trustee. Lender, at Lender's option, may from time to time appoint a successor trustee to any <br />Trustee appointed hereunder by an instrument recorded in the county in which this Deed of Trust is recorded. Without <br />conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the <br />Trustee herein and by applicable law. <br />22. Request for Notices. Borrower requests that copies of the notice of default and notice of sale be sent to <br />Borrower's address which is the Property Address. <br />01 -01 -00 DOT <br />I IIIIIII IIII VIII VIII IIIIII IIII VIII IIIIII VIII IIIIII III VIII IIIIII IIIIII VIII III VIII VIII IIIII IIIIIII IIII IIII IIIII IIIII VIII IIIII IIIII IIIIIII II IIII NE007944 <br />* B02lDO8FDO96DOT9000NE00794401(xBOPP * nair.IKJAI <br />