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� 99-1��4888 <br /> 14.-Borrower's Copy. Borrower shall be furnished a conformed copy of'the Note and o�this Deed of Trust at the time of execution <br /> o�after recordation hereof. <br /> 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Bor►-o�ver's obligations under�any,l�me rehabilitation, <br /> improvement,repair,or other loan agreement which Borrower enters into�vith Lender. Lender,at Lender's option,may reqdire Borrower <br /> to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may <br /> have against parties who supply labor,materials or services in connection�Nith improvements made to the Property. <br /> 16. Transfer of the Property or a Beneficial Interest in Borrnwer. If all or any part of the Property or any interest in it is sold or <br /> transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior <br /> written consent, Lender may, at its option, after giving any grace period, right to cure, and/or reinstatement right required by applicable <br /> law,require immediate payment in full of all sums secured by this Deed of Trust. However,this option shall not be exercised by Lender <br /> if exercise is prohibited by Federal law as of the date of this Deed of Trust. <br /> [f Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than <br /> 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Deed of Trust. If <br /> Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Deed of Trust <br /> without further notice or demand on Borrower. <br /> NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: � <br /> 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or <br /> agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust <br /> including Borrower's failure to pay, Lender prior to acceleration shall give notice to Borrower as provided by applicable law <br /> specifying,among other things: (1)the breach; (2)the action required to cure such breach; (3)a date,not less than 30 days from <br /> the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or <br /> before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust,foreclosure by judicial <br /> proceeding,and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the <br /> right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and <br /> foreclosure. If the breach is not cured on or before the date specified in the nofice,Lender,at Lender's option, may declare all of <br /> the sums secured by this Deed of Trust to be immediately due and payable without further demand and may foreclose this Deed <br /> of Trust by judicial proceeding. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the <br /> remedies provided in this paragraph 17,including,but not limited to,reasonable Trustee's fees. The parties to this document are <br /> subject to the provision for Arbitration as set forth in the Closed End Note which is incorporated by reference as if set forth at <br /> length herein. <br /> If the power of sale is invoked, Lender shall give notice of default in each county in which the Property or some part thereof <br /> is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons <br /> prescribed by applicable law. After the lapse of such time as may be required by applicabie law,Trustee shall give public notice <br /> of sale 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 in one <br /> or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by <br /> publit announcement at the time and place of any previously�scheduled sale subject to the limitations and requirements imposed <br /> from time to time by applicable law. Lender or Lender's designee may purchase the Property at any sale. <br /> Upon receipt of payment of the price bid,Trustee shail deliver to the purchaser Trustee's deed conveying the Property sold. <br /> The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply <br /> the proceeds of the sale in the following order: (a) first,to the costs arid expenses of exercising the power of sale and of the sale, <br /> including the payment of the Trustee's fees actually incurred, but not to exceed the amount which is provided in this Deed of <br /> Trust; (b) second, to payment of the obligation secured by this Deed of Trust; (c) third, to the payment of junior trust deeds, <br /> mortgages,or other lienholders;and(d)fourth,the balance,if 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 Trust, due to <br /> Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at <br /> any time prior to the earlier to occur of(i)the fifth day before sale of the Preperty pursuant to the power of sale contained in this Deed of <br /> Trust or(ii)entry of a judgement enforcing this Deed of Trust if: (a)Borrower pays Lender all sums which would be then due under this <br /> Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants and agreements of <br /> Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and <br /> agreements of Borrower contained in this Deed of Trust;and(d) Borrower takes such action as Lender may reasonably require to assure <br /> that the lien of this Deed of Trust, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage <br /> shall continue unimpaired. Upon such payment and cure by Borrower,this Deed of Trust and the obligations secured hereby shall remain <br /> in full force and effect as if no acceleration had occurred. <br /> 19. Assignment of Rents; Appointment of Receiver; Lender in P�ossession. As additional security hereunder, Borrower hereby <br /> assigns to Lender the rents of the Property,provided that Borrower shall,prior to acceleration under paragraph 17 hereof or abandonment <br /> of the Property,have the right to collect and retain such rents as they become due and payable. <br /> Upon acceleration under paragraph 17 hereof or abandonment of the Property,Lender, in person,by agent or by judicially appointed <br /> receiver shall be entitled to enter upon,take possession of and manage the Property and to collect the rents of the Property including those <br /> past due. All rents collected by Lender or the receiver shall be applied first to pay off the costs of management of the Property and <br /> collection of rents, including, but not limited to,receiver's fees,premiums on receiver's bonds and reasonable attorneys' fees, and then to <br /> the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. <br /> 20. Reconveyance. Upon payment of all sums secured by this Deed of Trust,Lender shall request Trustee to reconvey the Property <br /> and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall <br /> reconvey the Property�vithout warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall <br /> pay all costs of recordation, if any. <br /> 21. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and 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 conveyance of the <br /> Property,the successor trustee shall succeed to all the title,power and duties conferred upon the 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 Borrower's address <br /> which is the Property Address. <br /> -3- <br />