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� . 99 107639 <br /> . <br /> 14. Rehabilitation Loan Agreement. Borrower shall fulfill all of Bonower's obligations under any home <br /> rehabilitation, improvement, repair or other loan agreement which Borrower enters into with Lender. Lender, at <br /> Lender's option,may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment <br /> of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in <br /> connection with improvements 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 <br /> or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is <br /> not a natural person)without Lender's prior written consent, Lender may, at Lender's option, for any reason, declare <br /> all the sums secured by this Deed of Trust to be immediately due and payable. However, this option shall not be <br /> exercised by Lender if exercise 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 <br /> of not less than 30 days from the date the notice is delivered or mailed within which Bonower must pay all sums secured <br /> by this Deed of Trust. If Bonower fails to pay in full these sums prior to the expiration of this period, Lender may <br /> invoke any remedies permitted by this Deed of Trust without further notice or demand on Bonower. <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 chazge an assumption fee and require the person(s)assuming the loan to pay additional chuges as authorized <br /> by law. <br /> ARTICLE II <br /> NON-IJNIFORM COVENANTS. Bonower 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 <br /> of Trust, including without limitation the covenants to pay when due any sums under the Note secured by this <br /> Deed of Trust. Lender, at Lender's option,subject to the following sentence, may declare all of the sums secured <br /> by this Deed of Trust to be immediately due and payable without demand or notice and may invoke the power <br /> of sale,and any other remedies permitted by applicable taw. Prior to recording any notice of default Lender shall <br /> give Borrower notice of default as required by law and, in the event of a default consisting only of Borrower's <br /> failure to make a required payment, Borrower shall once, as provided by law, have twenty (20) days after such <br /> notice is given to cure such default by tendering the amount due at the time of the tender, without acceleration, <br /> plus any unpaid charges. After recording a notice of default,Lender shall be entitled to collect in such proceeding <br /> all 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 <br /> is located and shall mail copies of such notice in the manner prescribed by applicable law to Bonower 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 pazcels 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 incuned 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, <br /> mortgages 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, <br /> and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with <br /> the loan exceed permitted limits, then: (1) any such loan charges shall be reduced by the amount necessary to reduce <br /> the charge to the permitted limit; and (2) any sums already collected from Borrower which exceeded permitted limits <br /> will be refunded to Bonower. <br /> C� <br /> 230792(Rev 0'n Page 4 of 5 (Ol/97)NE FR/ARM/PEL Dad <br /> 1721011784 TRACY <br />