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<br /> 174 19. Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due hereunder,
<br /> 175 the owners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and
<br /> 176 interest payments due as of the date of cure,costs,expenses,late charges,attorney's fees and other fees all in the manner provided
<br /> 177 by law.Upon such payment,this Deed of Trust and the obligations secured hereby shall remain in full force and effect as though
<br /> 178 no Acceleration had occurred,and the foreclosure proceedings shall be discontinued.
<br /> 179 20. Assignment of Rents;Appointment of Receiver;Lender in Possession. As additional security hereunder,Borrower
<br /> 190 hereby assigns to Lender the rents of the Property; however, Borrower shall, prior to Acceleration under § 18 (Acceleration;
<br /> 181 Foreclosure;Other Remedies)or abandonment of the Property,have the right to collect and retain such rents as they become due
<br /> 182 and payable.
<br /> 193 Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration
<br /> i, 184 under § 18 (Acceleration; Foreclosure; Other Remedies), and shall also be so entitled during the time covered by foreclosure
<br /> 185 proceedings and the period of redemption,if any;and shall be entitled thereto as a matter of right without regard to the solvency or
<br /> 186 insolvency ofBorrower or of the then owner of the Property,and without regard to the value thereof.Such receiver may be appointed
<br /> 387 by any Court of competent jurisdiction upon ex parte application and without notice;notice being hereby expressly waived.
<br /> 188 Upon Acceleration under § 18 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, Lender, in
<br /> 189 person,by agent or by judicially-appointed receiver, shall be entitled to enter upon,take possession of and manage the Property
<br /> 190 and to collect the rents of the Property including those past due.All rents collected by Lender or the receiver shall be applied,first
<br /> 191 to payment of the costs of preservation and management of the Property,second to payments due upon prior liens,and then to the
<br /> 192 sums secured by this Deed of Trust.Lender and the receiver shall be liable to account only for those rents actually received.
<br /> 193 21. Release. Upon payment of all sums secured by this Deed of Trust,Lender shall cause Trustee to release this Deed of
<br /> 194 Trust and shall produce for Trustee the Note.Borrower shall pay all costs of recordation and shall pay the statutory Trustee's fees.
<br /> 195 If Lender shall not produce the Note as aforesaid,then Lender,upon notice in accordance with§ 16(Notice)from Borrower to
<br /> 196 Lender,shall obtain,at Lender's expense,and file any lost instrument bond required by Trustee or pay the cost thereof to effect the
<br /> 197 release of this Deed of Trust.
<br /> 198 22. Waiver of Exemptions. Borrower hereby waives all right of homestead and any other exemption in the Property under
<br /> 199 state or federal law presently existing or hereafter enacted.
<br /> 200 23. Escrow Funds for Taxes and Insurance. This§23 is not applicable if Funds,as defined below,are being paid pursuant
<br /> 201 to a prior encumbrance.Subject to applicable law,Borrower shall pay to Lender,on each day installments of principal and interest are
<br /> 202 payable under the Note,until the Note is paid in full,a sum(herein referred to as"Funds")equal to of the
<br /> 203 yearly taxes and assessments which may attain priority over this Deed of Trust,plus of yearly premium installments for
<br /> 204 Property Insurance,all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and
<br /> 205 reasonable estimates thereof,taking into account any excess Funds not used or shortages.
<br /> 206 The principal of the Funds shall be held in a separate account by Lender in trust for the benefit of Borrower and deposited in
<br /> 207 an institution, the deposits or accounts of which are insured or guaranteed by a federal or state agency. Lender shall apply the
<br /> 208 Funds to pay said taxes, assessments and insurance premiums. Lender may not charge for so holding and applying the Funds,
<br /> 209 analyzing said account or verifying and compiling said assessments and bills.Lender shall not be required to pay Borrower any
<br /> 210 interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing
<br /> 211 credits and debits to the Funds and the purpose for which each debit to the Funds was made.The Funds are pledged as additional
<br /> 212 security for the sums secured by this Deed of Trust.
<br /> 213 If the amount of the Funds held by Lender shall not be sufficient to pay taxes,assessments and insurance premiums as they
<br /> 214 fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date notice is
<br /> 215 given in accordance with§ 16(Notice)by Lender to Borrower requesting payment thereof.Provided however,if the loan secured
<br /> 216 by this Deed of Trust is subject to RESPA or other laws regulating Escrow Accounts, such deficiency, surplus or any other
<br /> 217 required adjustment shall be paid,credited or adjusted in compliance with such applicable laws.
<br /> 218 Upon payment in full of all sums secured by this Deed of Tract,Lender shall simultaneously refund to Borrower any Funds held
<br /> 219 by Lender.If under § 18(Acceleration;Foreclosure; Other Remedies)the Property is sold or the Property is otherwise acquired by
<br /> 220 Lender,Lender shall apply,no later than immediately prior to the sale of the Property or its acquisition by Lender,whichever occurs
<br /> 221 first,any Funds held by Lender at the time of application as a credit against the sums secured by this Deed of Trust.
<br /> 222 24. Transfer of the Property;Assumption. The following events shall be referred to herein as a"Transfer":(i)a transfer
<br /> 223 or conveyance of title(or any portion thereof; legal or equitable) of the Property(or any part thereof or interest therein);(ii)the
<br /> 224 execution of a contract or agreement creating a right to title(or any portion thereof,legal or equitable)in the Property(or any part
<br /> 225 thereof or interest therein);(iii)or an agreement granting a possessory right in the Property(or any portion thereof),in excess of 3
<br /> 226 years;(iv)a sale or transfer of,or the execution of a contract or agreement creating a right to acquire or receive,more than fifty
<br /> 227 percent (SO%) of the controlling interest or more than fifty percent (50%) of the beneficial interest in Borrower and (v) the
<br /> 228 reorganization, liquidation or dissolution of Borrower. Not to be included as a Transfer are (x) the creation of a lien or
<br /> 229 encumbrance subordinate to this Deed of Trust;(y)the creation of a purchase money security interest for household appliances;or
<br /> 230 (z)a transfer by devise,descent or by operation of the law upon the death of a joint tenant.At the election of Lender,in the event
<br /> 231 of each and every Transfer.
<br /> 232 24.1. All sums secured by this Deed of Trust shall become immediately due and payable(Acceleration).
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