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200402041
<br />A consent and waiver of Lender's option to accelerate shall be subject to (a) the credit of the
<br />purchaser or transferee being satisfactory to the Lender; (b) an assumption fee of two percent (2 %) of the
<br />then outstanding Principal balance being paid to Lender; (c) assumption of full and unconditional liability
<br />on the indebtedness by all purchasers or transferees of the Property on a joint and several basis; and (d) any
<br />other requirements reasonably necessary to protect Lender's interest in the Property. Any agreement
<br />regarding Lender's consent and waiver of its option to accelerate must be in writing and reached prior to the
<br />date of the sale or transfer. Waiver of any right granted to the Lender by the provisions of this paragraph
<br />as to one transaction, event or occurrence shall not be deemed to be a waiver of any right as to any
<br />subsequent transaction, event or occurrence.
<br />The sale or transfer of the Property subject to this Deed of Trust or the assignment of the Note
<br />shall not operate to release the Borrower or any guarantor of the Note without the express written
<br />agreement of Lender, which may be withheld in Lender's sole discretion.
<br />If the ownership of the Property subject to this Deed of Trust 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 Deed of Trust and the debt evidenced hereby secured as with the Borrower, and may forebear to sue,
<br />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 Deed of Trust, including, but not
<br />limited to, the covenants to pay when due any sums secured by this Deed of Trust, or if there shall be filed
<br />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 Deed of Trust and sale of the Property. If the breach is not cured on or before the date specified in
<br />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 actually
<br />incurred in pursuing the remedies provided in this Paragraph 23, including, but not limited to, attorneys'
<br />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 Deed
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