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F
<br />100516
<br />i its successors and assigns or by anyone on behalf of Borrower, its
<br />successors or assigns, shall constitute an evasion of the prepayment
<br />terms of said Note and be deemed to be a voluntary prepayment
<br />thereunder and any such payment, to the extent permitted by law, will,
<br />therefore, include the additional payment required under the
<br />prepayment privilege, if any, contained in said Note.
<br />21. BORROWER'S RIGHT TO R INSTATE. Notwithstanding Lender's
<br />acceleration of the sums secured by this Deed of Trust, Borrower shall
<br />have the right to any proceedings -begun by Lender to enforce this Deed
<br />of Trust discontinued at any time prior to the earlier to occur of (i)
<br />the fifth day before the sale of the Property pursuant to the power of
<br />sale contained in this. Deed of Trust, or (ii) entry of a judgment
<br />enforcing this Deed of Trust if: (a) Borrower pays lender all sums
<br />which would be then due under this Deed of Trust and Oe Note, had no
<br />acceleration occurred; (b) Borrower cures all breaches of any other
<br />covenants or agreements .of Borrower contained in this Deed of Trust;
<br />(c) Borrower pays all seasonable expenses incurred by Lender and
<br />Trustee in enforcing the covenants and agreements of Borrower
<br />contained in this Deed of Trust and in enforcing Lender's and
<br />Trustee's remedies as provided in Paragraph 19 hereof, including, but
<br />not limited to, reasonable attorneys' fees; and (d) Borrower takes
<br />such action as Lender may reasonably require to assure that the lien
<br />of this Deed of Trust, Lender's interest in the Property, and
<br />Borrower's obligation to pay the sums secured by this Deed of Trust '.
<br />shall continue unimpaired. Upon such payment and cure by Borrower,
<br />this Deed of Trust and the obligations secured hereby shall remain in t{
<br />full force and effect as if no acceleration had occurred.
<br />2 ASSIG'I= i.`T vi R ENTS: esirvlir'TriEiiT' - ttaCr j:�Fc i,$'riDr.Ft 1N
<br />POSSESSION. As additional security hereunder, Borrower hereby assigns
<br />to Lender the rents of the Property provided that Borrower shall,
<br />prior to acceleration under Paragraph 19 hereof or abandonment of the
<br />Property, have the right to collect and retain such rents as they
<br />become due and payable.
<br />Upon acceleration under Paragraph 19 hereof or Abandonment of the
<br />Property, Lender, in person, by agent, or by judicially appointed
<br />receiver, shall be entitled to enter upon, take possession of and
<br />manage the Property and to collect the rents of-the Property including
<br />those past due. All rents collected by Lender .or'ihe receiver sha .11
<br />be applied first to payment of the costs of management of the Property
<br />and collection of rents, including, but not limited to, receiver's -„
<br />fees, premiums on receiver's bonds and reasonable attorneys' fees, and
<br />then to the sums secured by this Deed of Trust. , Lender and the
<br />receiver shall be liable to account only for those rents actually '
<br />received.
<br />23'. RECONVEYANCE. Upon payment of all sums secured by this Deed
<br />of Trust, Lender shall request Trustee to reconvey, , the Property ,,and
<br />shall surrender this Deed of Trust and all mates evidencing
<br />indebtedness secured by this Deed of Trust to Trustee. Trustee shall
<br />reconvey the Property without warranty and without charge to the
<br />person or persons legally entitled thereto. Such person or persons
<br />shall pay all costs of recordation, if any.
<br />24. SUBSTITI3TE TRUSTEE. Lender shall, at Lender's option, 'may
<br />from time to tide by an instrument recorded in the County in which
<br />this Deed of Trust is. recorded remove Trustee and appoint a successor -
<br />trustee to any Trustee appointed hereunder. Without conveyance of,.'.the
<br />Property, the successor. trustee shall succeed to all the title, power
<br />and duties conferred upon the Trustee herein and by applicable law.
<br />25. ANNUAL OPERATM STATEMENTS. During the term of this Deed
<br />of Trust, the Borrower shall furnish to Lender, within ninety (90)
<br />days of the end of each fiscal year commencing with the fiscal year
<br />ending June 30, 1989, certified annual operating statements of Growth
<br />Management Corporation and Subsidiaries. Said statements are to be
<br />prepared by an independent certified public accountant in good �.
<br />standing and shall include a balance sheet, profit and loss statement,
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