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200504087
<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 Security Instrument, including, but
<br />not limited to, the covenants to pay when due any sums secured by this Security Instrument, or if there
<br />shall be filed by or against Borrower an action under any present or future federal, state or other statute,
<br />law or regulation relating to bankruptcy, insolvency, or other relief for debtors; or there shall be
<br />appointed any trustee, receiver, or liquidator of Borrower of all or any part of the Property, or the rents,
<br />issues or profits thereof, or Borrower shall make any general assignment for the benefit of creditors, or
<br />abandonment of the Property, Lender prior to acceleration shall mail notice to Borrower as provided in
<br />Paragraph 19 hereof specifying (i) the breach; (ii) the action required to cure such breach; (iii) a date, not
<br />less than ten (10) days from the date notice is mailed to Borrower, by which such breach must be cured;
<br />and (iv) that failure to cure such breach on or before the date specified in the notice may result in
<br />acceleration of the sums secured by this Security Instrument and sale of the Property. If the breach is not
<br />cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums
<br />secured by this Security Instrument 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 entitled to
<br />collect all costs and expenses actually incurred in pursuing the remedies provided in this Paragraph 23,
<br />including, but not limited to, attorneys' fees actually incurred.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which
<br />the 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 in
<br />the notice of sale in one or more parcels and in such order as Trustee may determine and in the manner
<br />prescribed by applicable law. Trustee may postpone sale of all or any part of the Property by public
<br />announcement at the time and place of any previously scheduled sale and in the manner prescribed by
<br />applicable law. Lender or Lender's designee may purchase the Property at any such sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser a Trustee's deed
<br />conveying the Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth
<br />of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to
<br />all reasonable costs and expenses of the sale, including, but not limited to, Trustee's fees of not more than
<br />1/2 of I% of the gross sale price, attorneys' fees and costs of title evidence; (b) to all sums secured by this
<br />Security Instrument, in such order as Trustee shall determine; and (c) the excess, if any, to the person or
<br />persons legally entitled thereto.
<br />24. ACCELERATION; PREPAYMENT PRIVILEGE. Upon any default by Borrower and
<br />following the acceleration of maturity as herein provided, a tender of payment of the amount necessary to
<br />satisfy the entire or any portion of indebtedness secured hereby, including the late payment fee and
<br />interest accrued at the default rate set forth in the Note, made at any time prior to foreclosure sale
<br />(including sale under power of sale) by the Borrower, its successors or permitted assigns or by anyone on
<br />behalf of Borrower, its successors or permitted assigns, shall constitute an evasion of the prepayment
<br />terms of said Note and be deemed to be a voluntary prepayment thereunder and any such payment, to the
<br />extent permitted by law, will, therefore, include the additional payment required under the prepayment
<br />privilege, if any, contained in said Note.
<br />25. BORROWER'S RIGHT TO REINSTATE, Notwithstanding Lender's acceleration of the
<br />sums secured by this Security Instrument, Borrower shall have the right to have any proceedings begun
<br />by Lender to enforce this Security Instrument discontinued at any time prior to the earlier to occur of (i)
<br />the fifth day before the sale of the Property pursuant to the power of sale contained in this Security
<br />Instrument, or (ii) entry of a judgment enforcing this Security Instrument if: (a) Borrower pays Lender
<br />all sums which would be then due under this Security Instrument and the Note, had no acceleration
<br />occurred, including the late payment fee and Interest accrued at the default rate set forth in the Note; (b)
<br />Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Security
<br />Instrument; (c) Borrower pays all expenses actually incurred by Lender and Trustee in enforcing the
<br />covenants and agreements of Borrower contained in this Security Instrument and in enforcing Lender's
<br />and Trustee's remedies as provided in Paragraph 23 hereof, including, but not limited to, attorneys' fees;
<br />and (d) Borrower takes such other action as Lender may reasonably require to assure that the lien of this
<br />Security Instrument, Lender's interest in the Property, and Borrower's obligation to pay the sums secured
<br />by this Security Instrument shall continue unimpaired. Upon such payment and cure by Borrower, this
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