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<br />200802834
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<br />15. .' Rehabilitation Loan Agreement. Trustor shall fulfill all of Trustor's obligations under any home
<br />rehabilitation, improvement, repair, or other loan agreement which Trustor enters into with Lender. Lender, at Lender's
<br />option, may require Trustor to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any
<br />rights, claims or defenses which Trustor may have against parties who supply labor, materials or services in connection
<br />with improvements made to the Property.
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<br />16. Transfer of the Property or a Beneficial Interest in Trustor. If all or any part of the Property or any interest
<br />in it is sold or transferred (or if a beneficial interest in trustor is sold or transferred and Trustor is not a natural person)
<br />without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by
<br />this Deed of Trust. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the
<br />date of this Deed of Trust.
<br />If Lender exercises this option, Lender shall give Trustor notice of acceleration. The notice shall provide a period
<br />of not less than 30 days from the date the notice is delivered or mailed within which Trustor must pay all sums secured
<br />by this Deed of Trust. If Trustor fails to pay these sums prior to the expiration of this period, Lender may invoke any
<br />remedies permitted by this Deed of Trust without further notice or demand on Trustor.
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<br />NON-UNIFORM COVENANTS. Trustor and Lender further covenant and agree as follows:
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<br />17. Acceleration; Remedies, Except as provided in Paragraph 16 hereof, upon Trustor's breach of any covenant
<br />or agreement of Trustor in the Note or this Deed of Trust, including the covenants to pay when due any sums secured by
<br />this Deed of Trust, Lender, at Lender's option, may declare all of the sums secured by this Deed of Trust to be
<br />immediately due and payable without further notice or demand and may invoke the power of sale and any other remedies
<br />permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing
<br />the remedies provided in this Paragraph 17, including, but not limited to, reasonable attorneys' fees to the extent
<br />provided by law.
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<br />If Lender invokes the power of sale, Trustee shall give notice of sale by public advertisement for the time and in
<br />the manner provided by applicable law, and Lender or Trustee shall mail a copy of the notice of sale to Trustee in the
<br />manner provided in Paragraph 12 hereof. Trustee, without demand on Trustor, shall sell the Property at the time and
<br />under the terms designated and in the notice of sale at public auction to the highest bidder. Lender or Lender's designee
<br />may purchase the Property at any sale.
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<br />Trustee shall deliver to the purchaser Trustee's deed conveyingJh.e.,er~)t~9".:?Old)vitJ:lout any covenant or
<br />warranty, expressed or implied. The recitals in the Trustee's deed Shall\be"priffli.!, fa.cle evidence of the truth of the
<br />statements made therein. Trustee shall apply the proceeds of the sale in the fbllo~ing order: (a) to all reasonable costs
<br />and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees and costs of title
<br />evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally
<br />entitled thereto. If the Property is sold pursuant to this Paragraph 17, Trustor, or any person holding possession of the
<br />Property through Trustor, shall immediately surrender possession of the Property to the purchaser at such sale. If
<br />possession is not surrendered, Trustor or such person shall be a tenant at will of such purchaser, shall be removable by
<br />process such as forceable and unlawful detainer, and hereby agrees to pay to such purchaser the reasonable rental value
<br />of the Property after sale.
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<br />18. lender's Right to Allow Trustor to Reinstate. Notwithstanding Lender's acceleration of the sums secured
<br />by this Deed of Trust due to Trustor's breach, Lender may, in Lender's total discretion, discontinue any proceedings
<br />begun by Lender to enforce this Deed of Trust at any time prior to the sale of the Property pursuant to the power of sale
<br />contained in this Deed of Trust or entry of a judgment enforcing this Deed of Trust if: (a) Trustor pays Lender all sums
<br />which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Trustor cures all
<br />breaches of any other covenants or agreements of Trustor contained in this Deed of Trust; (c) Trustor pays all
<br />reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Trustor contained in
<br />this Deed of Trust, and in enforcing Lender's and Trustee's remedies as provided in Paragraph 17 hereof, including, but
<br />not limited to, reasonable attorneys' fees; and (d) Trustor takes such action as Lender may reasonably require to assure
<br />that the lien of this Deed of Trust, Lender's interest in the Property and Trustor's obligation to pay the sums secured by
<br />this Deed of Trust shall continue unimpaired. Upon such payment and cure by Trustor, this Deed of Trust and the
<br />obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. The rights granted in
<br />this Paragraph 18 shall in no way be construed as allowing Trustor to reinstate at Trustor's will, it being understood that
<br />such reinstatement is totally within the discretion of Lender.
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<br />19. Assignment of Rents; Appointment of Receiver; lender in Possession. As additional security
<br />hereunder, Trustor hereby assigns to Lender the rents of the Property, provided that Trustor shall, prior to acceleration
<br />under Paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they
<br />become due and payable.
<br />Upon acceleration under Paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by
<br />judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect
<br />the rents of the Property including those past due. All rents collected by lender or the receiver shall be applied first to
<br />payment of the cost of management of the Property and collection of rents, including, but not limited to, receiver's fees,
<br />premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust.
<br />Lender and the receiver shall be liable to account only for those rents actually received.
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<br />20. Release. Upon payment of all sums secured by this Deed of Trust, Lender shall release this Deed of Trust
<br />without charge to Trustor. Trustor shall pay all costs of recordation, if any, to the extent permitted by law.
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<br />21. Substitute Trustee. Lender may, for any reason or cause, from time to time remove Trustee and appoint a
<br />successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall
<br />succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law.
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<br />22, Waiver of Homestead, Redemption, Spousal Rights and Other Exemptions. Trustor waives all right of
<br />homestead exemption in and equitable and statutory redemption of the Property and Trustor hereby relinquishes all right
<br />of dower, curtesy and statutory or elective rights in the Property. To the extent permitted by law, Trustor hereby waives
<br />and transfers to Lender any other exemption rights permitted under applicable state of federal law with respect to the
<br />Property.
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<br />NEA453' (03.02-08) Real Estate Mortgage
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