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200406297 (Page 4 of 5)
<br />owner of the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and
<br />which does not relate to a transfer of rights of occupancy in the property, or (i) any other transfer or disposition
<br />described in regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted
<br />information required by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower
<br />will continue to be obligated under the Note and this Deed of Trust unless Lender releases Borrower in writing.
<br />If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Deed of Trust
<br />to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of
<br />acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from
<br />the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to
<br />pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower,
<br />invoke any remedies permitted by paragraph 17 hereof.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, or as otherwise required by law,
<br />upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including
<br />Borrower's failure to pay, by the end of ten (10) calendar days after the date they are due, any sums secured
<br />by this Deed of Trust, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12
<br />hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 20 days
<br />from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) 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. The notice shall further inform Borrower of the right to
<br />reinstate after acceleration and the right to bring court action to assert the nonexistence of a default or any
<br />other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified
<br />in 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 incurred in
<br />pursuing the remedies provided in this paragraph 17 to the extent permitted by applicable law.
<br />If Lender invokes the power of sale, Lender or Trustee shall mail copies of a notice of sale in the manner
<br />prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. Trustee shall
<br />give notice of sale by public advertisement for the time and in the manner prescribed by applicable law.
<br />Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash
<br />at the time and place and under the terms designated in the notice of sale in one or more parcels and in such
<br />order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property to any later
<br />time on the same date by public announcement at the time and place of any previously scheduled sale.
<br />Lender or Lender's designee may purchase the Property at any sale.
<br />Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant
<br />or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the
<br />truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a)
<br />to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's fees and
<br />attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if
<br />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
<br />Trust due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this
<br />Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the Property
<br />pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if:
<br />(a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration
<br />occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of
<br />Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and
<br />agreements of Borrower contained in this Deed of Trust, and in enforcing Lender's and Trustee's remedies as provided
<br />in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees to the extent permitted by applicable law;
<br />and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust,
<br />Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue
<br />unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall
<br />remain in full force and effect as if no acceleration had occurred.
<br />19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder,
<br />Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under
<br />paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due
<br />and payable.
<br />Upon acceleration under paragraphy 17 hereof or abandonment of the Property, Lender, in person, by agent or by
<br />judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect
<br />the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to
<br />payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's
<br />fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust.
<br />Lender and the receiver shall be liable to account only for those rents actually received.
<br />20. Release. Upon payment of all sums secured by this Deed of Trust, and, if this Deed of Trust secures a Revolving
<br />Loan Agreement, Borrower requests Lender to release this Deed of Trust, Lender shall cause this Deed of Trust to be
<br />released without charge to Borrower. Borrower shall pay all costs of recordation, if any.
<br />21. Substitute Trustee. Lender, at Lender's option, may from time to time 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
<br />conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the
<br />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
<br />Borrower's address which is the Property Address.
<br />23. Arbitration Rider to Note. The Arbitration Rider attached to and made a part of the Note is hereby
<br />incorporated by reference and made a part of this Deed of Trust.
<br />09 -22 -03 DOT
<br />* W739308E4M910OT8000NE0079640 * *WIDGA * ORIGINAL
<br />NE007964
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