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200412387 <br />14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and this Deed of <br />Trust at the time of execution or after recordation hereof. <br />15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any <br />home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. <br />Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to <br />Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who <br />supply labor, materials or services in connection with improvements made to the Property. <br />16. Transfer of the Property or a Beneficial Interest in Borrower. 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 <br />Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require <br />immediate payment in full of all sums secured by this Deed of Trust. 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 <br />provide a period of not less than 30 days from the date the notice is delivered or mailed within which <br />Borrower must pay all sums secured by this Deed of Trust. If Borrower fails to pay these sums prior to the <br />expiration of this period, Lender may invoke any remedies permitted by this Deed of Trust without further <br />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 <br />of any covenant or agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, <br />by the end of 10 calendar days after they are due, any sums secured by this Deed of Trust, Lender <br />prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) <br />the breach; (2) the action required to cure such breach; (3) a date, not less than 20 days from the date <br />the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such <br />breach on or before the date specified in the notice may result in acceleration of the sums secured by <br />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 a court action to assert the nonexistence of a default <br />or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the <br />date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this <br />Deed of Trust to be immediately due and payable without further demand and may invoke the power <br />of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all <br />reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, <br />including, but not limited to, reasonable attorneys' fees. <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 <br />by applicable law to Borrower and to the other persons prescribed by applicable law. After the lapse of <br />such time as may be required by applicable law, Trustee shall give public notice of sale to the persons <br />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 <br />in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may <br />postpone sale of all or any parcel of the Property by public announcement at the time and place of any <br />previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property sold. 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 <br />order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, Trustee's fees <br />actually incurred of not more than % of the gross sale price, reasonable attorneys' fees <br />and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to <br />the person or persons legally entitled thereto. <br />18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this <br />Deed of Trust, due to Borrower's breach, Borrower shall have the right to have any proceedings begun by <br />Lender to enforce this Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day <br />before the sale of the Property pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a <br />judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under <br />this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other <br />covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable <br />expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained <br />in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof, <br />including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may <br />reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property and <br />Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such <br />payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full <br />force and effect as if no acceleration had occurred. <br />19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security <br />hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior <br />to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and <br />retain such rents as they become due and payable. <br />FE- 4351(NE) (0209) Page 4 of 6 Initials: <br />—1 VIC- <br />No43514.cw <br />