|
�UD3a07 51
<br />1s. Rehabilitation Loan Agreement. Truster shall fulfill all of Trustee's obligations under any home rehabilitation,
<br />improvement, repair, or other loan agreement which Truster enters into with Lender. Lender, at Lender's option, may
<br />require Truster to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or
<br />defenses which Truster may have against parties who supply labor, materials or services in connection with
<br />improvements made to the Property.
<br />16. Transfer of the Property or a Beneficial Interest in Trustor. If all or any part of the Property or any interest
<br />in it is sold or transferred (or if a beneficial interest in truster is sold or transferred and Truster is not a natural person)
<br />without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by
<br />this Deed of Trust. However, this option shall not be exercised by Lender if exercise Is prohibited by federal law as of the
<br />date of this Deed of Trust.
<br />If Lender exercises this option, Lender shall give Truster notice of acceleration. The notice shall provide a period of
<br />not less thari days from the date the notice is delivered or mailed within which Truster must pay all sums secured by
<br />this Deed of Trust. If Truster fails to pay these sums prior to the expiration of this period, Lender may invoke any
<br />remedies permitted by this Deed of Trust without further notice or demand on Truster.
<br />NON- UNIFORM COVENANTS. Truster and Lender further covenant and agree as follows:
<br />17. Acceleration; Remedies. Except as provided in Paragraph 16 hereof, upon Truster's breach of any covenant
<br />or agreement of Truster in the Note or this Deed of Trust, including the covenants to pay when due any sums secured by
<br />this Deed of Trust, 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 notice or demand and may invoke the power of sale and any other remedies
<br />permitted by applicable law. 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 attorneys' fees to the extent provided by
<br />law.
<br />If Lender invokes the power of sale, Trustee shall give notice of sale by public advertisement for the time and in the
<br />manner provided by applicable law, and Lender or Trustee shall mail a copy of the notice of sale to Trustee in the manner
<br />provided in Paragraph 12 hereof. Trustee, without demand on Truster, shall sell the Property at the time and under the
<br />terms designated and in the notice of sale at public auction to the highest bidder. Lender or Lender's designee may
<br />purchase the Property at any sale.
<br />Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or
<br />warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the
<br />statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs
<br />and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees and casts of tine
<br />evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, 9 any, to the person or persons legally
<br />entitled thereto. If the Property is sold pursuant to this Paragraph 17, Truster, or any person holding possession of the
<br />Property through Truster, shall immediately surrender Possession of the Property to the purchaser at such sale. If
<br />possession is not surrendered, Truster or such person shall be a tenant at will of such purchaser, shall be removable by
<br />process such as forceable and unlawful detainer, and hereby agrees to pay to such purchaser the reasonable rental value
<br />of the Property after sale.
<br />18. Lender' s Right to Allow Truster to Reinstate. Notwithstanding Lender's acceleration of the sums secured
<br />by this Deed of Trust due to Trustor's breach, Lender may, in Lender's total discretion, discontinue any proceedings
<br />begun by Lender to enforce this Deed of Trust at any time prior to the sale of the Property pursuant to the power of sale
<br />contained in this Deed of Trust or entry of a judgment enforcing this Deed of Trust if: (a) Truster pays Lender all sums
<br />which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Truster cures all
<br />breaches of any other covenants or agreements of Truster contained in this Deed of Trust; (c) Truster pays all
<br />reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Trustor contained in
<br />this Deed of Trust, and in enforcing Lender's and Trustee's remedies as provided in Paragraph 17 hereof, including, but
<br />not limited to, reasonable attorneys' fees; and (d) Truster 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 Trustoe's obligation to pay the sums secured by
<br />this Deed of Trust shall continue unimpaired. Upon such payment and cure by Truster, this Deed of Trust and the
<br />obligations secured hereby shall remain in full force and eff ect as rf no acceleration had occurred. The rights granted in
<br />this Paragraph 18 shall in no way be construed as allowing Trustor to reinstate at Truster's will, it being understood that
<br />such reinstatement is totally within the discretion of Lender.
<br />19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder,
<br />Truster hereby assigns to Lender the rents of the Property, provided that Truster 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 Paragraph 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 cost of management of the Property and collection of rents, including, but not limited to, receiver's fees,
<br />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, Lender shall release this Deed of Trust
<br />without charge to Truster. Truster shall pay all costs of recordation, if any, to the extent permitted by law.
<br />21. Substitute Trustee. Lender may, for any reason or cause, from time to time remove Trustee and appoint a
<br />successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall
<br />succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law.
<br />22. Waiver of Homestead, Redemption, Spousal Rights and Other Exemptions. Trustor waives all right of
<br />homestead exemption in and equitable and statutory redemption of the Property and Trustor hereby relinquishes all right
<br />of dower, curtesy and statutory or elective rights in the Property. To the extent permitted by law, Trustor hereby waives
<br />and transfers to Lender any other exemption rights permitted under applicable state of federal law with respect to the
<br />Property.
<br />23. Lender's Call Option. Notwithstanding any provision to the contrary contained in the Note, provided the term
<br />is 60 months or more, Trustor hereby covenants and agrees that Lender shall have the right, at its sole option, to declare
<br />the entire outstanding principal balance of the loan evidenced by the Note and accrued interest thereon to be due and
<br />payable in full on a date not less than ( ) years from the Date of the
<br />Note, except that Lender, 9 it exercises such call option, s aI send Truster written nehce tTereof at least ninety (90) days
<br />[but not more than one - hundred and twenty (120) days] prior to such accelerated loan maturity date. The written notice
<br />to Trustor from Lender will set forth therein the Lender's accelerated maturity date for the loan. Prepayment in full of the
<br />loan as a direct result of Lender's exercise of its aforesaid call option shall not be subject to any prepayment penalty
<br />otherwise applicable under the provisions of the Note. If the space above for insertion of a date in this Paragraph 23 is
<br />marked "N /A ", Lender does not reserve a call option.
<br />02732005 (10- 13 -02) NEH003 Seolion 32 Mort,,e
<br />
|