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<br />$2--~~i144SEi <br />conveyed, transferred, or alienated, either voluntarily or involuntarily, then the Lender <br />shall have the right at its sole option to declare any and all indebtedness or any other <br />obligation secured hereby, immediately due and payable. <br />Any agreement regarding Lender`s waiver of its option to accelerate musC be in writing <br />and reached prior to the date of sale or transfer. Waiver of app right granted to the <br />Lender by the provisions of this paragraph as to ntie transaction, event or. occurrence <br />shah not be deemed to be a waiver of any right as to any subsequent transaction, event <br />or occurrence. <br />If the ownership of the property becomes vested in a person(s), corporation, <br />partnership or joint venture other than the Borrower, the Lender may, without notice <br />to the Borrower, deal with such successor ar successors in interest with reference to <br />the Deed of Trust as with the Borrower, and nay forebear to sue, alter time for payment of <br />the debt, change the interest rate and/or the payments of the debt beech}^ secured, without <br />discharging or in any way affecting the liability of the Borrower(s) hereunder ar upon the <br />debt secured. <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of <br />acceleration is accordance with paragraph 14 hereof. Such notice shall provide a period <br />of not less than 30 days from the date the autice is sziled within which Borrower may pay <br />the srmrs declared due. If Borrower fails to nay such sums prior to the expiration of <br />such period, Lender may, without further notice or demand on Borrower, invoke any remedied <br />permitted by paragraph I$ hereof. <br />N6N-tTIIFCiRlt CDtT€NANTS. Borrower sad Lender furt!:er covenant and agree as follows: <br />1$. :1CCELER.4TIOR~ it&'fF.DI€S. Except as ;,ravided in paragraph k7 hereof, upon <br />Borrower's bzeach of any covenant or agreement of Borrower in this Deed of Trust, including <br />the covenants to pay when due any sums secured bl this ?eed of Trust, Lender prior [o accel- <br />eration shall mail notice to Borrower as provided in paragraph lv hereof speciL`ying; Cl) <br />the breach; C2} the action required to cure such breach; C3) a date, not Less than thirty <br />C3o) days from the date the notice is °,ailed tea Berrnwer, !, }• which such breach must be cured; <br />and (4) that failure to cure such breach ~n ^r before tie date specified in the notice may <br />result Ln =acceleration of the sums secured by t-his ?eed o: Trust and sale of the Froperty. <br />If the breach is oat cured nn or before the dace .specified in the native, Lender, ac Lender's <br />option, may declare all of the sums secured by this i}ced of gust to be immediately due <br />and payable without further demand and say invoke the power of sale and any other remedies <br />permitted by applicable law. ;.ender shalt be entitled to collect all seasonable costs <br />and e.+cpeases incurred i.n pursuing; the rcaedies provided in this paragraph ;$, including, <br />but noC limited ta, reasonable attornez°'s aces. <br />if the power of sale is isrvokea, Trustee shall record a notice of default in each <br />caaurty in which the Property nr some part thereof is Iovated and shall mail copies of <br />such notice in the manner prescribed b4. applicabLe Law to Borrower and to the other persons <br />prescribed by applicable Law. after the :apse ~rf ouch time a4 ray be reyuired by applic- <br />able law, Trustee shall give public .ratio of sale to the persons and in the manner pre- <br />scribed by applicable law. 'irustre, without deasand .rn Brarrawer, shall sell the ','rnperty <br />at public auction to the highest bidder at the tide and place and under the terms de- <br />sigtrated in the notice of sale in one or mare tercels and in such ardor as 'Prustee may <br />determine. Trustee may postpone sale ~f all err :nr}. parcel of the Property by public announce- <br />ment at the time and place of any previously svheciuLed sale. Leader nr Lender's designee <br />may purchase the Froperty at any Sala. <br />Upon receipt .af payment of the price bid, Trustee shall deliver to the purchaser a <br />Trustee's deed eonveyiag the Froperty sold. The recitals in the Trustee's deed shall be <br />prise facia evidence of the truth of the srateraents made therein. 'trustee shall apply <br />the proceeds of the sale. in the fallaxing order: Ca) to ail reasunable casts and expenses <br />of cite sale, including, but oat litsited to, Trustee's fees of nor more than i/3 of lk of <br />the grow; sale price, *easoaalrle attorney's fees and costs of title evidence; (b) to all <br />sr~s rre.-,ured by this Dead of Trust; and fv) the exCes~, if say, to the person nr persons <br />legally entitled thereto. <br />i~. 2#tJ..m^',~F,R'^s na"H'i. TL? €w~i ~~-t'ni~. YSt wit St andin~ :. e~+der'3 3a.iels`^r.i: _i ti3c <br />arm secured by this Deco of Trust, Borrower siraii have the right to have any ~raceedings <br />begun by Leader to enforce this Deed of 'Crust discounted at arty cime pellet to the varller <br />to occur of (i) Cher flftb day before the sale caf the Property pursuant to the power .>f <br />1e caatpined in this Dead of Trust .ter Cii) entry ai a judgmerrt enfarc:ing; this Deed ~,f <br />Teeter i€: [a) Bttreaver pays Lender ail sums whi.:h would he then due rcadt~r this i)erzd rri <br />TrrreL aril tree Nut e, lead no aecel+era,lon occurred; (b) Ba rrcwrer cures ull brea3che4 of unY <br />nth~rr uavetlant9 cwt agreements of Bcrtsrarer vontainrvi in this 'Need of cruse; fe} 13orrow::r <br />page all, re+nnnaahla +srrpea~sex fnraurred by Larder rand Trustee in 4~rrf,arcing t,re ccrveuants .end <br />.. ,_ <br />