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<br />regarding Lender's consent and waiver of its option to accelerate must be in writing and reached prior to the
<br />date of the sale or transfer. Waiver of any right granted to the Lender by the provisions of this paragraph
<br />as to one transaction, event or occurrence shall not be deemed to be a waiver of any right as to any
<br />subsequent transaction, event or occurrence.
<br />The sale or transfer of the Property subject to this Deed of Trust or the assignment of the Note
<br />shall not operate to release the Borrower or any guarantor of the Note without the express written
<br />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 person(s),
<br />corporation, partnership, limited liability companv, or joint venture other than the Borrower, the Lender
<br />may, without notice to the Borrower, deal with such successor or successors in interest with reference to
<br />the Decd of Trust and the debt evidenced hereby secured as with the Borrower, mid may forebear to sue,
<br />alter time for pavmcnt of the debt, change the Interest rate and/or payments of the debt herebv secured,
<br />without discharging or in anv way affecting the liability of the Borrower hereunder or upon the debt
<br />secured.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in
<br />accordance with Paragraph 19 hereof Such notice shall provide a period of not less than ten (10) days
<br />from the date the notice is mailed within which the Borrower may pay the sums declared due- If Borrower
<br />fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand
<br />on Bo rower, invoke anv remedies permitted by Paragraph 23 hereof.
<br />23. ACCELERATION; REMEDIES_ Except as provided in Paragraph 22 hereof, upon
<br />Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including, but not
<br />limited to, the covenants to pay when due ativ sums secured by this Decd of Trust, or if there shall be filed
<br />by or against Borrower an action under any present or future federal, state or other statute, law or
<br />regulation relating to hankmptcv, insolvency, or other relief for debtors; or there shall be appointed any
<br />trustee, rcccivcr, or liquidator of Bor loci of all or any part of the Property, or the rents, issues or profits
<br />thereof, or Borrower shall make anv general assignment for the bunefu of creditors. or abandonment of the
<br />Property, Lender prior to acceleration shall mail notice to Borrower as provided in Paragraph 19 hereof
<br />specifying (i) the breach; (ii) the action required to cure such breach: (iii) a date, not less than ten (10) days
<br />from 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 sums secured
<br />bN this Deed of Trust and sale of the Property. If the breach is not cured on or before the date specified in
<br />the notice, Lender, at Lender's option, may declare all of the suns secured by this Deed of Trust to be
<br />inunediately due and payable without further demand and may invoke the power of sale and anv other
<br />remedies permitted by applicable law. Lender shall be entitled to collect all costs and expenses actually
<br />incurred in pursuing the remedies provided in this Paragraph 23, including, but not limited to, attorneys'
<br />foes actually incurred.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which the
<br />Propertv or some part thereof is located and shall mail copies of such notice in tic manner prescribed by
<br />applicable law to Borrower and to the other persons prescribed by applicable law. After the lapse of such
<br />time as may be required by applicable law. Trustee shall give public notice of sale to the persons and in the
<br />manner prescribed by applicable law. Trustee_ without demand on Borrower, shall sell the Property at
<br />public auction to the highest bidder at the time and place and under the terms designated in the notice of
<br />sale in one or more parcels and in such order as Trustee may determine and in the manner prescribed by
<br />applicable law. Trustee may postpone sale of all or any part of the Proper(v, by public announcement at the
<br />time and place of anv previously scheduled sale and in the manner prescribed by applicable law. Lender or
<br />Lender's designee may purchase the Property at anv such sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser a Trustee's deed
<br />eomeying the Property sold. The recitals in the Tnrstecs decd shall be prima facie evidence of the truth of
<br />the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all
<br />reasonable costs and expenses of the sale, including but not limited to, Trustee's fees of not more than 1/2
<br />Of 1% of the gross sale price. attorneys' tees and costs of title evidence; (b) to all sums secured by this Deed
<br />of Trust, in such order as Trustee shall determine: and (c) ire excess, if anv, to the person or persons
<br />legally entitled thereto.
<br />24. ACCELERATION; PREPAYMENT PRIVILEGE. Upon anv default by Borrower and
<br />following the acceleration of maturiR as herein provided, a tender of payment of the amount necessan, to
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