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85, 005991 <br />22. TRANSFER OF THE PROPERTY; ASSUMPTION. If all or any part of the <br />1 Property or an interest therein is sold or transferred by Trustor without <br />Beneficiary's prior written consent, excluding (a) the creation of a lien <br />or encumbrance subordinate to this Deed of Trust, (b) the creation of a <br />purchase money security interest for household appliances, (c) transfer by <br />devise, descent or by operation of law upon the death of a joint tenant or <br />(d) the grant of any leasehold interest of three years or less not <br />containing an option to purchase, Beneficiary may, at Beneficiary's option, <br />declare all the sums secured by this Deed of Trust to be immediately due <br />and payable. Beneficiary shall have waived such option to accelerate if, <br />prior to the sale or transfer, Beneficiary and the person to whom the <br />Property is to be sold or transferred reach agreement in writing that the <br />credit of such person is satisfactory to Beneficiary and that the interest <br />payable on the sums secured by this Deed of Trust shall be at such rate as <br />Beneficiary shall request. If Beneficiary has waived the option to <br />accelerate provided in this paragraph and it Trustor's successor in <br />interest has executed a written assumption agreement accepted in writing by <br />Beneficiary, Beneficiary shall release Trustor from all obligations under <br />this Deed of Trust and the Notes. <br />If Beneficiary exercises such option to accelerate, Beneficiary shall <br />mail Trustor notice of acceleration in accordance with Paragraph 22 hereof. <br />Such notice shall provide a period of not less than 30 days from the date <br />the notice is mailed within which Trustor may pay the sums declared due. <br />If Trustor fails to pay such sums prior to the expiration of such period, <br />Beneficiary may, without further notice or demand on Trustor, invoke any <br />remedies permitted by paragraph 7 hereof. <br />23. BORROWER'S RIGHT TO REINSTATE. Notwithstanding Beneficiary's <br />acceleration of the sums secured by this Deed of Trust, Trustor shall have <br />the right to have any proceedings begun by Beneficiary to enforce this Deed <br />of Trust discontinued at any time prior to the earlier to occur of (i) the <br />fifth day before the sale of the Property pursuant to the power of sale <br />contained in this Deed of Trust or (ii) entry of a judgment enforcing this <br />Deed of Trust if: (a) Trustor pays Beneficiary all sums which would be then <br />due under this Deed of Trust, the Note and notes securing Future Advances, <br />if any, had no acceleration occurred; (b) Trustor cures all breaches of <br />any other covenants or agreements of Trustor cer:tained in this Deed of <br />Trust; (c) Trustor pays all reasonable expenses incurred by Beneficiary and <br />Trustee in enforcing the covenants and agreements of Trustor contained in <br />this Deed of Trust and in enforcing Beneficiary's and Trustee's remedies as <br />provided in Paragraph 7 hereof, including, but not limited to, reasonable <br />attorney's fees; and (d) Trustor takes such action as Beneficiary may <br />reasonably require to assure that the lien of this Deed of Trust, <br />Beneficiary's interest in the Property and Trustor's obligation to pay the <br />sums secured by this Deed of Trust shall continue unimpaired. Upon such <br />payment and cure by Trustor, this Deed of Trust and the obligations secured <br />hereby shall remain in full force and effect as if no acceleration had <br />occurred. <br />I` <br />24. NUMBER AND GENDER; CAPTIbNS. Whenever used herein, the singular <br />number shall include the plural, the plural, the singular, and the use of <br />any gender shall be applicable to all genders. The captions and headings <br />of the paragraphs of this Deed of Trust are for convenience only and are <br />not to be used to interpret or define the provisions hereof. <br />25. ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Deed of <br />Trust, duly executed and acknowledged, is made a public record as provided <br />by law. <br />L <br />