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200400766 <br />If the ownership of the Property subject to this Security Instrument becomes vested in a person(s), <br />corporation, partnership, limited liability company, or joint venture other than the Borrower, the Lender <br />may, without notice to the Borrower, deal with such successor or successors in interest with reference to <br />the Security Instrument and the debt evidenced hereby secured as with the Borrower, and may forebear to <br />sue, alter time for payment of the debt, change the Interest rate and/or payments of the debt hereby secured, <br />without discharging or in any way affecting the liability of the Borrower hereunder or upon the debt <br />secured. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in <br />accordance with Paragraph 19 hereof. Such notice shall provide a period of not less than ten (10) days <br />from the date the notice is mailed within which the Borrower may pay the sums declared due. If Borrower <br />fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand <br />on Borrower, invoke any remedies permitted by Paragraph 23 hereof. <br />23. ACCELERATION; REMEDIES. Except as provided in Paragraph 22 hereof, upon <br />Borrower's breach of any covenant or agreement of Borrower in this Security Instrument, including, but not <br />limited to, the covenants to pay when due any sums secured by this Security Instrument, or if there shall be <br />filed by or against Borrower an action under any present or future federal, state or other statute, law or <br />regulation relating to bankruptcy, insolvency, or other relief for debtors; or there shall be appointed any <br />trustee, receiver, or liquidator of Borrower of all or any part of the Property, or the rents, issues or profits <br />thereof, or Borrower shall make any general assignment for the benefit of creditors, or abandonment of the <br />Property, Lender prior to acceleration shall mail notice to Borrower as provided in Paragraph 19 hereof <br />specifying (i) the breach; (ii) the action required to cure such breach; (iii) a date, not less than ten (10) days <br />from the date notice is mailed to Borrower, by which such breach must be cured; and (iv) 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 Security Instrument and sale of the Property. If the breach is not cured on or before the date <br />specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Security <br />Instrument to be immediately due and payable without further demand and may invoke the power of sale <br />and any other remedies permitted by applicable law. Lender shall be entitled to collect all costs and <br />expenses actually incurred in pursuing the remedies provided in this Paragraph 23, including, but not <br />limited to, attorneys' fees actually incurred. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which the <br />Property or some part thereof is located and shall mail copies of such notice in the manner prescribed by <br />applicable law to Borrower and to the other persons prescribed by applicable law. After the lapse of such <br />time as may be required by applicable law, Trustee shall give public notice of sale to the persons and in the <br />manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at <br />public auction to the highest bidder at the time and place and under the terms designated in the notice of <br />sale in one or more parcels and in such order as Trustee may determine and in the manner prescribed by <br />applicable law. Trustee may postpone sale of all or any part of the Property by public announcement at the <br />time and place of any previously scheduled sale and in the manner prescribed by applicable law. Lender or <br />Lender's designee may purchase the Property at any such sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser a Trustee's deed <br />conveying the Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of <br />the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all <br />reasonable costs and expenses of the sale, including, but not limited to, Trustee's fees of not more than 1/2 <br />of 1% of the gross sale price, attorneys' fees and costs of title evidence; (b) to all sums secured by this <br />Security Instrument, in such order as Trustee shall determine; and (c) the excess, if any, to the person or <br />persons legally entitled thereto. <br />24. ACCELERATION; PREPAYMENT PRIVILEGE. Upon any default by Borrower and <br />following the acceleration of maturity as herein provided, a tender of payment of the amount necessary to <br />satisfy the entire or any portion of indebtedness secured hereby, including the late payment fee and interest <br />accrued at the default rate set forth in the Note, made at any time prior to foreclosure sale (including sale <br />under power of sale) by the Borrower, its successors or permitted assigns or by anyone on behalf of <br />Borrower, its successors or permitted assigns, shall constitute an evasion of the prepayment terms of said <br />Note and be deemed to be a voluntary prepayment thereunder and any such payment, to the extent <br />permitted by law, will, therefore, include the additional payment required under the prepayment privilege, if <br />any, contained in said Note. <br />25. BORROWER'S RIGHT TO REINSTATE. Notwithstanding Lender's acceleration of the <br />sums secured by this Security Instrument, Borrower shall have the right to have any proceedings begun by <br />Lender to enforce this Security Instrument discontinued at any time prior to the earlier to occur of (i) the <br />fifth day before the sale of the Property pursuant to the power of sale contained in this Security Instrument, <br />9 <br />