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<br />either voluntarily or involuntarily, by contractual arrangement or operation of law, then the
<br />Lender shall have the right at its sole option to declare any and all indebtedness due hereunder, or
<br />any other obligation secured by this Deed of Trust, immediately due and payable.
<br />Not less than thirty (30) days prior to any such sale or other transfer, Borrower shall
<br />notify Lender in writing of the proposed sale or transfer and shall provide Lender with such
<br />information concerning the terms and conditions of the sale or transfer and the creditworthiness
<br />and financial condition of the proposed purchaser or transferee as Lender may require. Lender
<br />may withhold its consent to any such sale or other transfer in Lender's sole discretion.
<br />A consent and waiver of Lender's option to accelerate shall be subject to (a) the credit of
<br />the purchaser or transferee being satisfactory to the Lender; (b) an assumption fee of two percent
<br />(2 %) of the then outstanding Principal balance being paid to Lender; (c) assumption of full and
<br />unconditional liability on the indebtedness by all purchasers or transferees of the Property on a
<br />joint and several basis; and (d) any other requirements reasonably necessary to protect Lender's
<br />interest in the Property. Any agreement regarding Lender's consent and waiver of its option to
<br />accelerate must be in writing and reached prior to the date of the sale or transfer. Waiver of any
<br />right granted to the Lender by the provisions of this paragraph as to one transaction, event or
<br />occurrence shall not be deemed to be a waiver of any right as to any subsequent transaction, event
<br />or occurrence.
<br />The sale or transfer of the Property subject to this Deed of Trust or the assignment of the
<br />Note shall not operate to release the Borrower or any guarantor of the Note without the express
<br />written 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
<br />person(s), corporation, partnership, limited liability company, or joint venture other than the
<br />Borrower, the Lender may, without notice to the Borrower, deal with such successor or
<br />successors in interest with reference to the Deed of Trust and the debt evidenced hereby secured
<br />as with the Borrower, and may forebear to sue, alter time for payment of the debt, change the
<br />Interest rate and /or payments of the debt hereby secured, without discharging or in any way
<br />affecting the liability of the Borrower hereunder or upon the debt secured.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of
<br />acceleration in accordance with Paragraph 19 hereof. Such notice shall provide a period of not
<br />less than ten (10) days from the date the notice is mailed within which the Borrower may pay the
<br />sums declared due. If Borrower fails to pay such sums prior to the expiration of such period,
<br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by
<br />Paragraph 23 hereof.
<br />23. ACCELERATION; REMEDIES. Except as provided in Paragraph 22 hereof,
<br />upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust,
<br />including, but not limited to, the covenants to pay when due any sums secured by this Deed of
<br />Trust, or if there shall be filed by or against Borrower an action under any present or future
<br />federal, state or other statute, law or regulation relating to bankruptcy, insolvency, or other relief
<br />for debtors; or there shall be appointed any trustee, receiver, or liquidator of Borrower of all or
<br />any part of the Property, or the rents, issues or profits thereof, or Borrower shall make any
<br />general assignment for the benefit of creditors, or abandonment of the Property, Lender prior to
<br />acceleration shall mail notice to Borrower as provided in Paragraph 19 hereof specifying (i) the
<br />breach; (ii) the action required to cure such breach; (iii) a date, not less than ten (10) days from
<br />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
<br />sums secured by this Deed of Trust and sale of the Property. If the breach is not cured on or
<br />before the date specified in the notice, Lender, at Lender's option, may declare all of the sums
<br />secured by this Deed of Trust to be immediately due and payable without further demand and may
<br />invoke the power of sale and any other remedies permitted by applicable law. Lender shall be
<br />entitled to collect all costs and expenses actually incurred in pursuing the remedies provided in
<br />this Paragraph 23, including, but not limited to, attorneys' fees actually incurred.
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