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}t~..s rt > - a riiA7•~~ ~'y r ~7X~: ~i~ .,~,a~~~i"Xl°j~ r v~P rs.M -w ~ <br /> n > <br /> j` <br /> <br /> <br /> 002631, <br /> <br /> deemed to be a waiver of any rlght 'as to any subsequent transaction, event <br /> or occurrence. <br /> <br /> If the ownership of they Property becomes vested in a person(s), <br /> corporation, partnership, or joint venture other than the Borrower, the <br /> Lender may, without notice to the Borrower, deal with such successor or <br /> successors in interest with reference to this Deed of Trust and the debt <br /> hereby secured as with the Borrower, and may forebear to sue, alter time <br /> for payment of the debt, change the Interest rate and/or the payments of <br /> the debt hereby. secured, without discharging or in any way affecting the <br /> liability of the Borrower(s) hereunder or upon the debt secured. <br /> If Lender exercises such option to accelerate, Lender shall mil <br /> Borrower notice of acceleration in accordance with paragraph 14 hereof. <br /> Such notice shall orovide a period of not less than thirty (30) days from <br /> the date the notice is me►1 1 ed within which Ek)rrower may pay the surrs <br /> declared duo. If Borrower fails to pay such suns prior to the expiration <br /> of such period, lender may, without further notice or demand on Borrower, <br /> invoke any remedies permitted by paragraphs 18 hereof. <br /> 18. ACCELERATION; REMEDIES._ Except as provided in Paragraph 17 <br /> hereof, upon Borrower's breach of any covenant or agreement of Borrower in <br /> this Deed of Trust, including the covenants to pay when due any sums <br /> secured by this Deed of Trust, Lender prior to acceleration shall mail <br /> notice to Borrower as provided in Paragraph 14 hereof specif•ling (1) the <br /> breach; (2) the action required to cure such breach; (3) a date, not less <br /> than thirty (30) days from the date the notice is mailed to Borrower, by <br /> which such breach must be cured; and (4) that failure to cure such breach <br /> on or before the date specified in the notice may result in acceleration of <br /> the sums secured by this Deed of Trust and sale of the Property. If the <br /> breach is not cured on or before the date specified in the notice, Lender, <br /> at Lender's option, may declare all of the sums secured by this Deed of <br /> Trust to be immediately due and payable without further demand and rrk-ay <br /> invoke: the parn;r of sale and any other remedies permitted by applicable <br /> law. Lender shall bP entitled to collect all reasonable costs and expenses <br /> lncurrcd in pursuing the remedies providea-d In this Paragraph 18, including,. <br /> but not limited to, reasonable attorrw.,Y's fees. <br /> If the power of sale is lnyoked, Trustee shall record a notice of <br /> default in each county in which the Property or some, part thereof Is <br /> located and shad mail copies of such notice In the manner prescribed by <br /> applicable law to Borrower and to the other` persons prescribed by <br /> applicable law. After the lapse of such time as may be required by <br /> applicable law, Trustee shall give public notice of sale to the persons and <br /> in the manner prescribed by applicable law. Trustee, without demand on <br /> Borrower, shall sell the Property at public auction to the highest bidder <br /> at the time and place and under the terms designated in the notice of sale <br /> in one or more parcels and in such order as Trustees may determine. Trustee <br /> may postpone sale of all or any parcel of the Property by public <br /> a.-notnicement at the time and place of any previously scheduled sale. Lender <br /> or Lender's designee may purchase the Property at any sale. <br /> Upon receipt of payment of the price bid, Trustee shall deliver to the <br /> purchaser Trustee's deed conveying the Property sold. The recitals in the <br /> Trustee's deed shall be prima facie evidence of the truth of the 7ltatemnnts <br /> made therein. Trustee shall apply the proceeds of the sale in the. <br /> following order: (a) to all reasonable costs and expenses of the sale, <br /> Including, but not limited to, Trustee's fees of not more than 1/2 of It of <br /> the gross sale price, reasonable bttorney's fees and costs of title <br /> evidence; (b) to all suns secured by this Deed of Trusty and (c) the <br /> excess, if any,,to the person or persons legally entitled thereto. <br /> 19. ACCELEPArirkl PREPAYMENT PRWILEGE. Uroi any default by Borrower <br /> and following the accoiuration of maturity as herein provided, a tender of <br /> paymrant of the amount necessary to satisfy the entire Indebtedness secured <br /> hereby made at any time prior to foreclosure sale (Including sale under <br /> power of sale) by the Borrower, Its successors or assigns or by anyone in <br /> behalf of Borrower, Its successors or assigns, shall constitute en evasion <br /> of the prepayn-j;nt terms of said Note and be deemed to be as voluntary <br /> prepayment thereunder and any such payment to the extent permitted by low, <br /> -6- <br />