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200003548 <br />14. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, <br />improvement, repair or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may <br />require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or <br />defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements <br />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 or any <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural <br />person) without Lender's prior written consent, Lender may, at Lender's option, for any reason, declare all the sums secured <br />by this Deed of Trust to be immediately due and payable. However, this option shall not be exercised by Lender if exercise <br />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 of <br />not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by <br />this Deed of Trust. If Borrower fails to pay in full these sums prior to the expiration of this period, Lender may invoke <br />any remedies permitted by this Deed of Trust without further notice or demand on Borrower. <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 - UNIFORM 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 of <br />Trust, including without limitation the covenants to pay when due any sums under the Note secured by this Deed of <br />Trust. Lender, at Lender's option, subject to the following sentence, may declare all of the sums secured by this <br />Deed of Trust to be immediately due and payable without demand or notice and may invoke the power of sale, and <br />any other remedies permitted by applicable law. Prior to recording any notice of default Lender shall give <br />Borrower notice of default as required by law and, in the event of a default consisting only of Borrower's failure to <br />make a required payment, Borrower shall once, as provided by law, have twenty (20) days after such notice is <br />given to cure such default by tendering the amount due at the time of the tender, without acceleration, plus any <br />unpaid charges. After recording a notice of default, Lender shall be entitled to collect in such proceeding all <br />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 is <br />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 order 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, mortgages <br />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 shall, 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 paragraph 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, and <br />that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the <br />loan exceed permitted limits, then: (1) any such loan charges shall be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (2) any sums already collected from Borrower which exceeded permitted limits will be <br />refunded to Borrower. <br />230792 (Rev 07) Page 4 (01/97) NE FR/ARM /PEL Deed <br />173 8881139053 <br />