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<br />KR__ <br />jV <br /> <br />101243 <br /> <br />Guarantor is a partnership and there is a change in the <br />membership or a dissolution of the partnership or if all or any <br />part of the Property or any interest therein is deeded, sold by <br />land contract or otherwise conveyed, alienated or further <br />encumbered either voluntarily or involuntarily without Lender's <br />prior written consent, excluding (a) a transfer by operation of <br />law upon the death of a joint tenant or (b) the grant of any <br />leasehold interest not containing an option to purchase with a <br />lease term of two years or less, or (C) the creation of a <br />purchase money security interest in household appliances, then <br />Lender may, at its option, declare all sums secured by this Trust <br />Deed to be immediately due and payable. In the event the Lender <br />consents to any such change in ownership, control or dissolution <br />or transfer of all or any part of the Property, then Lender may <br />at its option adjust the interest rate to the prevailing rate of <br />interest that is charged on new secured loans at the time of the <br />change in ownership, control, dissolution or transfer and may <br />also charge a transfer fee. <br /> <br />15. Upon Guarantor's breach of any covenant or agreement of <br />Guarantor in this Trust Deed, or the guarantee, including the <br />covenants to pay when due any sums secured by this Trust Deed, <br />Lender at its option may declare all sums secured by this Trust <br />Deed to be immediately due and payable without further demand and <br />may invoke the power of sale and/or any other remedies permitted <br />by applicable law including the right to foreclose this Trust <br />Deed in the manner provided by law for the foreclosure of <br />mortgages on real estate or enforcement of rights of a secured <br />party under the Uniform Commercial Code. Lender shall be <br />entitled to colle~t all reasonable costs and expenses incurred in <br />pursuing such remedies including, but not limited to, reasonable <br />attorney's fees. <br /> <br />If the power of sale is invoked, Trustee shall record a <br />notice of default in each county in which the Property or some <br />part thereof is located and provide notice thereof in the manner <br />prescribed by applicable law. After the lapse of such time as <br />may be required by applicable law, Trustee shall give public <br />notice of sale to the persons and in the manner prescribed by <br />applicable law. Trustee, or the attorney for the Trustee, <br />without demand on Guarantor, shall sell the Property at public <br />auction to the highest bidder at the time and place and under the <br />terms designated in the notice of sale in one or more parcels and <br />in such order as Trustee may determine. The Trustee may employ <br />the services of an auctioneer or other professionals to aid in <br />the conduct of the sale. Trustee may postpone sale of all or any <br />parcel of the Property by public announcement at the time and <br />place of any previously scheduled sale. Lender or Lender's <br />designee may purchase the property at any sale. <br /> <br />Upon receipt of payment of the price bid, Trustee shall <br />deliver to the purchaser a Trustee's Deed, without warranty, <br />conveying the Property sold. The recitals in the Trustee's Deed <br />shall be prima facie evidence of the truth of the statements made <br /> <br />-5- <br /> <br />r- <br /> <br />L <br /> <br />_J <br /> <br />( <br />