Common use of Acceleration; Remedies Clause in Contracts

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 20, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­ment; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice a. Upon the occurrence of an Event of Default with respect to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 20, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and at any time thereafter unless and until such Event of Default has been waived by the Required Lenders or cured to the satisfaction of the Required Lenders, the Administrative Agent may with the consent of the Required Lenders, and shall, upon the request and direction of the Required Lenders, by written notice to such Borrower take any of the following actions without prejudice to the rights of the Administrative Agent or any Lender to enforce its claims against such Borrower, except as otherwise specifically provided for herein: Termination of Commitments. Declare the Commitments with respect to such Borrower (and, if such Borrower is either VaPower or CNG, then also to Dominion Resources) terminated whereupon the Commitments with respect to such Borrower (and, if such Borrower is either VaPower or CNG, then also to Dominion Resources) shall be immediately terminated. Acceleration of Loans. Declare the unpaid principal of and any accrued interest in respect of all Loans made to such Borrower (and, if such Borrower is either VaPower or CNG, then also to Dominion Resources) and any and all other persons prescribed indebtedness or obligations of any and every kind (including all amounts of L/C Obligations, whether or not the beneficiaries of the then outstanding Letters of Credit shall have presented the documents required thereunder) owing by Applicable Lawsuch Borrower (and, in if such Borrower is either VaPower or CNG, then also by Dominion Resources) to any of the manner provided by Applicable Law. Lender Lenders or the Administrative Agent hereunder to be due whereupon the same shall publish the be immediately due and payable without presentment, demand, protest or other notice of saleany kind, and the Property shall be sold in the manner prescribed all of which are hereby waived by Applicable Law. Lender such Borrower (and, if such Borrower is either VaPower or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the saleCNG, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured then also by this Security Instru­ment; and (c) any excess to the person or persons legally entitled to itDominion Resources).

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Upon Borrower’s breach of any covenant covenant(s) or agreement term(s) in this Security Instrument (but not Mortgage, the Note, XXXX or Agency Agreement, including the covenants to pay when due any sums that are secured by this Mortgage or debts senior to this Mortgage, Lender prior to acceleration under Section 16 unless Applicable Law provides otherwise). The shall mail notice shall specifyto Borrower as provided in Paragraph 14 hereof specifying: (a1) the defaultbreach; (b2) the action required to cure the defaultsuch breach; (c3) a date, not less than 30 days from the date the notice is given mailed to Borrower, by which the default such breach must be cured; however, if such breach can be cured, but not within such thirty (30) day period, the Borrower shall not be in default so long as the Borrower commences cure actions within such thirty (30) day period, thereafter diligently pursues the cure of the breach to completion, and cures the breach within one hundred eighty (180) days from the date of Lender’s notice the Borrower of the breach; and (d4) that failure to cure the default such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Mortgage, foreclosure by judicial proceeding and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx Borrower of the right to reinstate after acceleration and the right to bring a court action to assert in the foreclosure proceeding, the non-existence of a default or any other defense of Borrower to acceleration and saleforeclosure. If the default breach is not cured on or before the date specified in the notice, Lender Lender, at its option Lender’s option, may require immediate payment in full declare all of all the sums secured by this Security Instrument Mortgage to be immediately due and payable without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted foreclose this Mortgage by Applicable Lawjudicial proceeding. Lender shall be entitled to collect in such proceeding, all expenses incurred in pursuing the remedies provided in this Section 20of foreclosure, including, but not limited to, reasonable attorneys’ fees attorney’s fees, and costs of documentary evidence, abstracts and title evidence. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­ment; and (c) any excess to the person or persons legally entitled to itreports.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of At any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 unless Applicable Law provides otherwise). The notice shall specify: (a) time during the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense an Event of Borrower Default, Lender, at Xxxxxx’s option, may declare the Indebtedness to acceleration be immediately due and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument payable without further demand demand, and may invoke the STATUTORY POWER OF SALE power of sale granted in this Instrument (and Borrower appoints Xxxxxx as Xxxxxxxx’s agent and attorney-in-fact to exercise such power of sale in the name and on behalf of Borrower) and any other remedies permitted by Applicable LawGeorgia law or provided in this Instrument or in any other Loan Document. Xxxxxxxx acknowledges that the power of sale granted in this Instrument may be exercised by Lender without prior judicial hearing. Lender shall be entitled to collect all costs and expenses incurred in pursuing the remedies provided in this Section 20such remedies, including, but not limited to, including reasonable attorneys’ fees and fees, costs of documentary evidence, abstracts and title evidencereports. If Lender invokes may sell and dispose of the STATUTORY POWER OF SALEMortgaged Property at public auction, Lender shall mail a copy at the usual place for conducting sales at the courthouse in the county where all or any part of the Mortgaged Property is located, to the highest bidder for cash, first advertising the time, terms and place of such sale by publishing a notice of sale once a week for four consecutive weeks (without regard to the actual number of days) in a newspaper in which sheriff’s advertisements are published in such county, all other notice being waived by Borrower; and Lender may thereupon execute and deliver to the purchaser a sufficient instrument of conveyance of the Mortgaged Property in fee simple, which may contain recitals as to the happening of the default upon which the execution of the power of sale granted by this Section depends. The recitals in the instrument of conveyance shall be presumptive evidence that Lender duly complied with all preliminary acts prerequisite to the sale and instrument of conveyance. Borrower constitutes and appoints Xxxxxx as Xxxxxxxx’s agent and attorney-in-fact to make such recitals, sale and conveyance. Borrower ratifies all of Xxxxxx’s acts, as such attorney-in-fact, and Xxxxxxxx agrees that such recitals shall be binding and conclusive upon Borrower and that the conveyance to be made by Xxxxxx (and in the event of a deed in lieu of foreclosure, then as to such conveyance) shall be effectual to bar all right, title and interest, equity of redemption, including all statutory redemption, homestead, dower, curtsey and all other exemptions of Borrower, or its successors in interest, in and to other persons prescribed by Applicable Law, in the manner provided by Applicable LawMortgaged Property. Lender shall publish the notice of sale, and the The Mortgaged Property shall may be sold in one parcel and as an entirety, or in such parcels, manner or order as Lender, in its discretion, may elect, and one or more exercises of the manner prescribed by Applicable Lawpowers granted in this Section shall not extinguish or exhaust the power unless the entire Mortgaged Property is sold or the Indebtedness is paid in full, and Lender shall collect the proceeds of such sale, applying such proceeds as provided in this Section. In the event of a deficiency, Borrower shall immediately on demand from Lender or its designee pay such deficiency to Lender, subject to the provisions of the Note limiting Borrower’s personal liability for payment of the Indebtedness. Borrower acknowledges that Lender may bid for and purchase the Mortgaged Property at any saleforeclosure sale and shall be entitled to apply all or any part of the Indebtedness as a credit to the purchase price. The Borrower covenants and agrees that Xxxxxx shall apply the proceeds of the sale shall be applied in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, including reasonable attorneys’ feesfees and costs of title evidence; (b) to all sums secured by this Security Instru­mentthe Indebtedness in such order as Lender, in Xxxxxx’s discretion, directs; and (c) any excess the excess, if any, to the person or persons legally entitled to itthe excess. The power and agency granted in this Section 43 are coupled with an interest, are irrevocable by death or otherwise and are in addition to the remedies for collection of the Indebtedness as provided by law. If the Mortgaged Property is sold pursuant to this Section 43, Borrower, or any person holding possession of the Mortgaged Property through Borrower, shall surrender possession of the Mortgaged Property to the purchaser at such sale on demand. If possession is not surrendered on demand, Borrower or such person shall be a tenant holding over and may be dispossessed in accordance with Georgia law.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2025, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy copies of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law to Borrower and other persons prescribed by Applicable Law. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender shall deliver to the purchaser Xxxxxx’s deed conveying indefeasible title to the Property, discharged of all rights of redemption by Xxxxxxxx. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or SCA15 Rev 10/13/00 FORM 3005 1/01 before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail execute or cause Trustee to execute a copy of a written notice of sale the occurrence of an event of default and of Lender’s election to Borrower, cause the Property to be sold. Trustee shall cause this notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail copies of the notice as prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender Trustee shall publish the give public notice of sale, sale to the persons and the Property shall be sold in the manner prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 17 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may will result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Insofar as allowed by Section 50(a)(6), Article XVI of the Texas Constitution, Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2021, including, but not limited to, court costs, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured lien evidenced by this Security Instru­ment; and (c) Instrument may be foreclosed upon only by a court order. Lender may, at its option, follow any excess rules of civil procedure promulgated by the Texas Supreme Court for expedited foreclosure proceedings related to the person foreclosure of liens under Section 50(a)(6), Article XVI of the Texas Constitution (“Rules”), as amended from time to time, which are hereby incorporated by reference. The power of sale granted herein shall be exercised pursuant to such Rules, and Borrower understands that such power of sale is not a confession of judgment or persons legally entitled a power of attorney to itconfess judgment or to appear for Borrower in a judicial proceeding.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2025, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender or Borrower invokes the STATUTORY POWER OF SALEpower of sale, and the Property is judicially ordered to be sold pursuant to such power, Lender shall mail a copy of a notice of sale by registered mail to Borrower, and Borrower at the Property Address or at any other address Borrower delivers to other persons prescribed by Applicable Law, Lender in the manner provided by Applicable Lawwriting for that purpose. Lender shall publish the notice of salesale for the time and in the manner required by Applicable Law and, and without further demand on Borrower, the Property shall be sold at the time and under the terms designated by the court and in the manner prescribed by Applicable Lawnotice of sale. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Except as provided in Paragraph 17 hereof, upon Borrower’s breach of any covenant or agreement of Borrower(s) in this Security Instrument (but not Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration under Section 16 unless Applicable Law provides otherwise). The shall mail notice shall specifyto Borrower(s) as provided in Paragraph 14 hereof specifying: (a1) the defaultbreach; (b2) the action required to cure the defaultsuch breach; (c3) a date, not less than 30 fifteen (15) days from the date the notice is given mailed to BorrowerBorrower(s), by which the default such breach must be cured; and (d4) that failure to cure the default such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Mortgage, foreclosure by judicial proceedings or other proceedings consistent with the law, and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured Borrower fails to cure any such breach on or before the date specified in the notice, Lender at its option Lender’s option, subject to any right of reinstatement to which Borrower(s) is entitled under applicable law, may require immediate payment in full declare, without further demand, all of all the sums secured by this Security Instrument without further demand Mortgage to be immediately due and payable and the lien against the Property created by this Mortgage may be foreclosed in accordance with either a judicial foreclosure procedure or a trustee foreclosure procedure and may invoke result in the STATUTORY POWER OF SALE loss of the Property. If Lender initiates a trustee foreclosure procedure, Borrower shall have the option to object and any other remedies permitted Lender may proceed only by Applicable Lawfiling a judicial foreclosure action. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 20, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to such proceedings all expenses of the saleforeclosure, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­ment; , court costs, and (c) any excess to the person or persons legally entitled to itcosts of documentary evidence, abstracts and title reports.

Acceleration; Remedies. Lender shall give notice to Borrower and the Senior Lien Holder prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 unless Applicable Law provides otherwise)Instrument. The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to BorrowerBorrower (and with respect to the Senior Lien Holder, 60 days from the date the notice is given to the Senior Lien Holder), by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured by the Borrower on or before the date specified in the notice, and the Senior Lien Holder has not exercised its right to cure the default, then Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Notwithstanding Lender’s right to invoke any remedies hereunder, as provided in Section 6 above, the Lender agrees that it will not commence foreclosure proceedings or accept a deed in lieu of foreclosure, or exercise any other rights or remedies hereunder until it has given the Senior Lien Holder at least 60 days’ prior written notice. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 20paragraph 17, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy copies of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Lawapplicable law to Borrower, the Senior Lien Holder and to the other persons prescribed by applicable law. Lender shall give notice of sale by public advertisement for the time and in the manner prescribed by applicable law. Lender, without demand on Borrower, shall sell the Property, at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Lender determines. Lender may postpone sale of all or any parcel of the Property to any later time on the same date by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Lender shall deliver to the purchaser Lender’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Lender’s deed shall be prima facie evidence of the truth of the statements made therein. Lender shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Lender’s and attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender Xxxxxx shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneysReasonable Attorneys’ fees Fees (as defined in Section 25) and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy of a give notice of sale in the manner prescribed by Applicable Law to Borrower, Borrower and to the other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneysReasonable Attorneys’ feesFees (as defined in Section 25); (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to itclerk of the circuit court of the county in which the sale is held.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2025, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender Xxxxxx invokes the STATUTORY POWER OF SALEpower of sale, Xxxxxx shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Xxxxxx’s election to cause the Property to be sold. Trustee shall cause this notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail a copy copies of a the notice of sale as prescribed by Applicable Law to Borrower, Borrower and to the other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender Trustee shall publish the give public notice of sale, sale to the persons and the Property shall be sold in the manner prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender Xxxxxx invokes the STATUTORY POWER OF SALEpower of sale, Lender Xxxxxx shall execute or cause Trustee to execute written notice of the occurrence of an event of default and of Lender’s election to cause the Property to be sold, and shall cause such notice to be recorded in each county in which any part of the Property is located. Trustee shall mail a copy copies of a the notice of sale as prescribed by Applicable Law to Borrower, Borrower and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender Trustee shall publish the give public notice of sale, sale to the persons and the Property shall be sold in the manner prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bid­der at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2025, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, Borrower as provided in the manner provided by Applicable LawSection 12. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other those remedies permitted by Applicable LawLaw may be invoked. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. Lender may bring suit in any court of competent jurisdiction to foreclose the lien of this Security Instrument judicially and/or obtain judgment on the Note which it secures. Any election by Xxxxxx to invoke the power of sale provisions of this Section 22 shall not be considered a final and binding election of remedies that would preclude such a judicial foreclosure, until conclusion of the sale of the Property by the Trustee as described in this Section 22. If the power of sale is invoked, Trustee shall execute a written notice of the occurrence of an event of default and of the election to cause the Property to be sold and shall record such notice in each Recording District in which any part of the Property is located. Lender invokes the STATUTORY POWER OF SALE, Lender or Trustee shall mail a copy copies of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale, to the persons and the Property shall be sold in the manner prescribed by Applicable Law. Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect; and (e) such additional information as required by Applicable Law. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 20, including, but not limited to, reasonable attorneys’ fees and costs of title evidence22 as permitted by Applicable Law. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender or Trustee shall mail a copy of a notice of sale to give Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the in Section 15, notice of sale, Xxxxxx’s election to sell the Property. Trustee shall give notice of sale by public advertisement for the time and the Property shall be sold in the manner prescribed by Applicable Law. Borrower hereby waives personal service of notice of any sale made hereunder, upon Xxxxxxxx, its devisees, agents, successors or assigns, and also waives the posting of notice of sale at the courthouse. Trustee, without demand on Borrower, shall sell the Proper­ty at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ feesTrustee’s fees as permitted by Applicable Law; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it. In the event that foreclosure proceedings are instituted hereunder but are not completed, Trustee shall be reimbursed for all costs and expenses incurred by it in commencing such proceedings; and all costs and expenses so incurred by Trustee, together with interest thereon until paid at the Note default rate shall be and become a part of the obligations secured hereby and shall be collectible as such.

Acceleration; Remedies. Lender shall give written notice to Borrower Borrowers and Accommodation Parties by certified mail prior to acceleration following Borrower’s Borrowers’ or Accommodation Parties’ breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 unless Applicable Law provides otherwise). The Mortgage and such notice shall specify: ; (ai) the default; , (bii) the action required to cure the such default; , (ciii) a date, not less than 30 thirty (30) days from the date the notice is given to Borrowergiven, by which the such default must be cured; and , (div) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Mortgage and the sale of the Mortgaged Property, which sale and (v) that failure to cure such breach shall subject result in interest accruing on the sums secured by this Mortgage from and after the date of the breach at an interest rate equal to the First Mortgage, if then in effectlesser of eighteen percent (18%) per annum or the highest interest rate allowed by law. The notice shall further inform Xxxxxxxx Borrowers and Accommodation Parties of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence nonexistence of a default or any other defense of Borrower Borrowers or Accommodation Parties to acceleration and sale. If the default breach is not cured on or before the date specified in the noticenotice or the date on which the full and remaining outstanding balance of the Loan is to be paid in full as specified hereinabove, Lender then the Lender, at its sole option and discretion, may require immediate payment in full of all of sums secured by this Security Instrument Mortgage without further demand demand, and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. The Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 2018, including, but not limited to, reasonable attorneys’ fees and costs of title evidence' fees. If the Lender invokes the STATUTORY POWER OF SALEpower of sale contained herein, then the Lender shall mail cause a copy of a notice of sale to Borrowerbe served upon the person, and to other persons prescribed by Applicable Lawif any, in possession of the manner provided by Applicable LawMortgaged Property. The Lender shall publish the a notice of sale, sale and the Mortgaged Property shall be sold at public auction in the manner prescribed by Applicable Lawapplicable law. The Lender or its designee may purchase the Mortgaged Property at any sale. The proceeds of the sale shall be applied in the following order: order (ai) to all sums secured by this Mortgage; (ii) to all costs and expenses of the sale, including, but not limited to, reasonable attorneys’ ' fees; (b) to all sums secured by this Security Instru­ment; and (ciii) any excess the excess, if any, to the person or persons legally entitled to itthereto.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2025, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender’s election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as provided in Section 12. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by Applicable Law and shall mail copies of the notice of sale in the manner prescribed by Applicable Law to Borrower, Borrower and to the other persons prescribed by Applicable Law, in . After the manner provided time required by Applicable Law. Lender , Trustee, without demand on Borrower, shall publish sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale, sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property shall be sold in by public announcement at the manner prescribed by Applicable Lawtime and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s certificate describing the Property and the time the purchaser will be entitled to Trustee’s deed. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower Mortgagor prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section paragraph 16 unless Applicable Law applicable law provides otherwise)) and any notice of a default by Borrower under the Loan Agreement, Note or any other document executed by Borrower in connection with this Security Instrument. The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to BorrowerMortgagor, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx Mortgagor of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower Mortgagor to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender Lender, at its option option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender shall be entitled to collect all reasonable expenses incurred in pursuing the remedies provided in this Section paragraph 20, including, but not limited to, reasonable attorneys’ fees and costs of title evidencefees. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail cause a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Lawbe served upon Mortgagor. Lender shall publish the a notice of sale, and the Property shall be sold at public auction in the manner prescribed by Applicable Lawapplicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­ment; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Except as provided in Paragraph 17 hereof, upon Borrower’s breach of any covenant or agreement of Borrower(s) in this Security Instrument (but not Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration under Section 16 unless Applicable Law provides otherwise). The shall mail notice shall specifyto Borrower(s) as provided in Paragraph 14 hereof specifying: (a1) the defaultbreach; (b2) the action required to cure the defaultsuch breach; (c3) a date, not less than 30 fifteen (15) days from the date the notice is given mailed to BorrowerBorrower(s), by which the default such breach must be cured; and (d4) that failure to cure the default such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Mortgage, foreclosure by judicial proceedings or other proceedings consistent with the law, and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured Borrower fails to cure any such breach on or before the date specified in the notice, Lender at its option Lender’s option, subject to any right of reinstatement to which Borrower(s) is entitled under applicable law, may require immediate payment in full declare without further demand all of all the sums secured by this Security Instrument without further demand Mortgage to be immediately due and payable and the lien against the Property created by this Mortgage may be foreclosed in accordance with either a judicial foreclosure procedure or a trustee foreclosure procedure and may invoke result in the STATUTORY POWER OF SALE loss of the Property. If Lender initiates a trustee foreclosure procedure, Borrower shall have the option to object and any other remedies permitted Lender may proceed only by Applicable Lawfiling a judicial foreclosure action. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 20, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to such proceedings all expenses of the saleforeclosure, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­ment; , court costs, and (c) any excess to the person or persons legally entitled to itcosts of documentary evidence, abstracts and title reports.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2025, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender Xxxxxx invokes the STATUTORY POWER OF SALEpower of sale, Xxxxxx shall execute or cause Trustee to execute written notice of the occurrence of an event of default and of Lender’s election to cause the Property to be sold, and shall cause such notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail a copy copies of a the notice of sale as prescribed by Applicable Law to Borrower, Borrower and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender Trustee shall publish the give public notice of sale, sale to the persons and the Property shall be sold in the manner prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2025, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy give Borrower notice of sale in the manner provided in Section 12. Lender shall publish a notice of sale to Borrower, and to other persons prescribed by Applicable Law, shall sell the Property at the time and place and under the terms specified in the manner provided by Applicable Law. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender Xxxxxx invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy of a give notice of sale to Borrower, and to other persons prescribed by Applicable Law, Borrower in the manner provided by Applicable Lawin Section 15. Lender shall publish and post the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach Upon the occurrence of any covenant Event of Default, any or agreement in this Security Instrument (but not prior to acceleration under Section 16 unless Applicable Law provides otherwise). The notice shall specify: each Lender may (a) declare the default; entire Revolving Senior Loan or Revolving Mezz Loan owing to it, as the case may be, to be immediately due and payable without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or other notice of default of any kind, all of which are hereby expressly waived by Borrower, (b) terminate the action required obligation, if any, of such Lender to cure the default; advance amounts hereunder, and (c) a dateexercise all rights and remedies therefor under this Agreement and the other Loan Documents at law or in equity (including, without limitation, sale of any of its Collateral at public or private sale and/or retention by Lenders of such Collateral); provided nothing in this section shall limit or prejudice any Lender’s ability to make Protective Advances to protect the Collateral securing the Revolving Loans. If Borrower shall fail, refuse or neglect to make any payment or perform any act required by the Loan Documents, then while any Event of Default exists, and without notice to or demand upon Borrower and without waiving or releasing any other right, remedy or recourse any or each Lender may have because of such Event of Default, such Lender or Lenders which have outstanding Revolving Loans to Borrower may (but shall not less than 30 days be obligated to) make such payment or perform such act for the account of and at the expense of Borrower, and shall have the right, to the fullest extent permitted by applicable law, to enter upon any Portfolio Property owned by Borrower for such purpose and to take all such action thereon and with respect to such Portfolio Properties as it may deem necessary or appropriate. If any or each Lender shall so elect to pay any sum due with reference to the Portfolio Properties, such Lender or Lenders may do so in reliance on any xxxx, statement or assessment procured from the date appropriate Governmental Authority or other issuer thereof without inquiring into the notice is given accuracy or validity thereof. Similarly, in making any payments to Borrowerprotect the security intended to be created by the Loan Documents, no Lender shall be bound to inquire into the validity of any apparent or threatened adverse title, Lien, encumbrance, claim or charge before making an advance for the purpose of preventing or removing the same. Additionally, if any hazardous substances affect or threaten to affect such Portfolio Properties, any or each Lender may (but shall not be obligated to) give such notices and take such actions as it deems necessary or advisable in order to xxxxx the discharge of any hazardous substances or remove the hazardous substances. To the fullest extent permitted by which the default must applicable law, Borrower shall indemnify, defend and hold each Lender harmless from and against, and be cured; responsible for, any and (d) that failure to cure the default on all losses, liabilities, claims, damages, expenses, obligations, penalties, actions, judgments, suits, costs or before the date specified in the notice may result in acceleration disbursements of the sums secured any kind or nature whatsoever, including reasonable attorneys’ fees, incurred or accruing by this Security Instrument and sale reason of the Property, which sale shall subject any acts performed by any such Lender pursuant to the First Mortgageprovisions of this section, if then in effectincluding those arising from the joint, concurrent, or comparative negligence of such Lender, except as a result of such Lender’s or its Affiliate’s gross negligence or willful misconduct. The notice shall further inform Xxxxxxxx of the right All sums paid by any Lender pursuant to reinstate after acceleration this section and the right all other sums expended by any such Lender to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law. Lender which it shall be entitled to collect be indemnified, shall be deemed to be a Revolving Advance by such Lender, shall constitute additions to the Revolving Loan, shall be secured by the Loan Documents and shall be paid by Borrower to Lenders upon demand. To the fullest extent permitted by law, Borrower, for itself and its successors and assigns, waives all expenses incurred in pursuing rights to a marshalling of the remedies provided in this Section 20, including, but not limited to, reasonable attorneys’ fees and costs assets of title evidence. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, others with interests in the manner provided by Applicable Law. Lender shall publish the notice of saleBorrower, and of its Portfolio Properties, and agrees not to assert any right under any laws pertaining to the Property shall be sold in marshalling of assets, homestead exemption, the manner prescribed by Applicable Law. Lender administration of estates of decedents, or its designee may purchase any other matters whatsoever to defeat, reduce or affect the Property at right of Lenders under the Loan Documents to a sale of such Portfolio Properties for the collection of the Obligations without any sale. The prior or different resort for collection or of the right of Lenders to the payment of the Obligations out of the net proceeds of such Portfolio Properties in preference to every other claimant whatsoever. Borrower agrees that the sale shall be applied actions, sales, proceedings and foreclosure described herein or in the following order: (a) to all expenses any of the sale, including, but not limited to, reasonable attorneys’ fees; (b) other Loan Documents may be commenced in any order determined by each or any Lender with outstanding Revolving Loans to all sums secured by this Security Instru­ment; it and (c) any excess Borrower agrees and covenants to cooperate with each such Lender in connection with the person or persons legally entitled to itforegoing.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender Trustee shall mail a copy of a give notice of sale to Borrower, by public advertisement in the county in which the Property is located for the time and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law, and Lender or Trustee shall mail a copy of the notice of sale to Borrower in the manner provided in Section 15. Lender Trustee, without demand on Borrower, shall publish sell the Property at public auction to the highest bidder at the time and under the terms designated in the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it. If the Property is sold pursuant to this Section 22, Borrower, or any person holding possession of the Property through Borrower, shall immediately surrender possession of the Property to the purchaser at the sale. If possession is not surrendered, Borrower or such person shall be a tenant at will of the purchaser and hereby agrees to pay the purchaser the reasonable rental value of the Property after sale.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, Bor­rower as provided in the manner provided by Applicable LawSection 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner man­ner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2025, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy give written notice to Trustee of the occurrence of an event of default and of Lender’s election to cause the Property to be sold. Trustee shall record a notice of sale in each county in which any part of the Property is located and shall mail copies of the notice as prescribed by Applicable Law to Borrower, Borrower and to the other persons prescribed by Applicable Law, in . After the manner provided time required by Applicable Law. Lender shall publish Law and after publication and posting of the notice of sale, and Trustee, without demand on Borrower, shall sell the Property shall be sold at public auction to the highest bidder for cash at the time and place designated in the manner prescribed notice of sale. Trustee may postpone sale of the Property by Applicable Lawpublic announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to itit or to the county treasurer of the county in which the sale took place.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy give written notice to Trustee of the occurrence of an event of default and of Lender’s election to cause the Property to be sold. Trustee shall record a notice of sale in each county in which any part of the Property is located and shall mail copies of the notice as prescribed by Applicable Law to Borrower, Borrower and to the other persons prescribed by Applicable Law, in . After the manner provided time required by Applicable Law. Lender shall publish Law and after publication and posting of the notice of sale, and Trustee, without demand on Borrower, shall sell the Property shall be sold at public auction to the highest bidder for cash at the time and place designated in the manner prescribed notice of sale. Trustee may postpone sale of the Property by Applicable Lawpublic announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, includingin­cluding, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instru­ment; and (c) any excess to the person or persons legally entitled to itit or to the county treasurer of the county in which the sale took place.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2025, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender Xxxxxx invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail give a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, Borrower in the manner provided by Applicable Lawin Section 12. Lender shall publish the notice of salesale once a week for three consecutive weeks in a newspaper published in «89» County, Alabama, and thereupon shall sell the Property to the highest bidder at public auction at the front door of the County Courthouse of this County. Lender shall be sold in deliver to the manner prescribed by Applicable Lawpurchaser Xxxxxx’s deed conveying the Property. Lender or its designee may purchase the Property at any sale. The Borrower covenants and agrees that the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach Upon the occurrence of any covenant Event of Default, any or agreement in this Security Instrument (but not prior to acceleration under Section 16 unless Applicable Law provides otherwise). The notice shall specify: each Lender may (a) declare the default; entire Revolving Senior Loan or Revolving Mezz Loan owing to it, as the case may be, to be immediately due and payable without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or other notice of default of any kind, all of which are hereby expressly waived by Borrower, (b) terminate the action required obligation, if any, of such Lender to cure the default; advance amounts hereunder, and (c) a dateexercise all rights and remedies therefor under this Agreement and the other Loan Documents at law or in equity (including, without limitation, sale of any of its Collateral at public or private sale and/or retention by Lenders of such Collateral); provided nothing in this section shall limit or prejudice any Lender’s ability to make Protective Advances to protect the Collateral securing the Revolving Loans. If Borrower shall fail, refuse or neglect to make any payment or perform any act required by the Loan Documents, then while any Event of Default exists, and without notice to or demand upon Borrower and without waiving or releasing any other right, remedy or recourse any or each Lender may have because of such Event of Default, such Lender or Lenders which have outstanding Revolving Loans to Borrower may (but shall not less than 30 days be obligated to) make such payment or perform such act for the account of and at the expense of Xxxxxxxx, and shall have the right, to the fullest extent permitted by applicable law, to enter upon any Portfolio Property owned by Borrower for such purpose and to take all such action thereon and with respect to such Portfolio Properties as it may deem necessary or appropriate. If any or each Lender shall so elect to pay any sum due with reference to the Portfolio Properties, such Lender or Lenders may do so in reliance on any bill, statement or assessment procured from the date appropriate Governmental Authority or other issuer thereof without inquiring into the notice is given accuracy or validity thereof. Similarly, in making any payments to Borrowerprotect the security intended to be created by the Loan Documents, no Lender shall be bound to inquire into the validity of any apparent or threatened adverse title, Lien, encumbrance, claim or charge before making an advance for the purpose of preventing or removing the same. Additionally, if any hazardous substances affect or threaten to affect such Portfolio Properties, any or each Lender may (but shall not be obligated to) give such notices and take such actions as it deems necessary or advisable in order to xxxxx the discharge of any hazardous substances or remove the hazardous substances. To the fullest extent permitted by which the default must applicable law, Borrower shall indemnify, defend and hold each Lender harmless from and against, and be cured; responsible for, any and (d) that failure to cure the default on all losses, liabilities, claims, damages, expenses, obligations, penalties, actions, judgments, suits, costs or before the date specified in the notice may result in acceleration disbursements of the sums secured any kind or nature whatsoever, including reasonable attorneys’ fees, incurred or accruing by this Security Instrument and sale reason of the Property, which sale shall subject any acts performed by any such Lender pursuant to the First Mortgageprovisions of this section, if then in effectincluding those arising from the joint, concurrent, or comparative negligence of such Lender, except as a result of such Lender’s or its Affiliate’s gross negligence or willful misconduct. The notice shall further inform Xxxxxxxx of the right All sums paid by any Lender pursuant to reinstate after acceleration this section and the right all other sums expended by any such Lender to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law. Lender which it shall be entitled to collect be indemnified, shall be deemed to be a Revolving Advance by such Lender, shall constitute additions to the Revolving Loan, shall be secured by the Loan Documents and shall be paid by Borrower to Lenders upon demand. To the fullest extent permitted by law, Borrower, for itself and its successors and assigns, waives all expenses incurred in pursuing rights to a marshalling of the remedies provided in this Section 20, including, but not limited to, reasonable attorneys’ fees and costs assets of title evidence. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, others with interests in the manner provided by Applicable Law. Lender shall publish the notice of saleBorrower, and of its Portfolio Properties, and agrees not to assert any right under any laws pertaining to the Property shall be sold in marshalling of assets, homestead exemption, the manner prescribed by Applicable Law. Lender administration of estates of decedents, or its designee may purchase any other matters whatsoever to defeat, reduce or affect the Property at right of Lenders under the Loan Documents to a sale of such Portfolio Properties for the collection of the Obligations without any sale. The prior or different resort for collection or of the right of Lenders to the payment of the Obligations out of the net proceeds of such Portfolio Properties in preference to every other claimant whatsoever. Xxxxxxxx agrees that the sale shall be applied actions, sales, proceedings and foreclosure described herein or in the following order: (a) to all expenses any of the sale, including, but not limited to, reasonable attorneys’ fees; (b) other Loan Documents may be commenced in any order determined by each or any Lender with outstanding Revolving Loans to all sums secured by this Security Instru­ment; it and (c) any excess Borrower agrees and covenants to cooperate with each such Lender in connection with the person or persons legally entitled to itforegoing.

Acceleration; Remedies. Lender Mortgagee shall give notice to Borrower Mortgagor prior to acceleration following BorrowerMortgagor’s breach of any covenant or agreement in this Security Instrument Mortgage (but not prior to acceleration under Section 16 14 unless Applicable Law applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to BorrowerMortgagor, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums Obligations secured by this Security Instrument Mortgage and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx Mortgagor of the right to reinstate after acceleration and the right to bring a court action to assert the non-non- existence of a default or any other defense of Borrower Mortgagor to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender Mortgagee at its option may require immediate payment in full of all sums Obligations secured by this Security Instrument Mortgage without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Lawapplicable law. Lender Mortgagee shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 20Section, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender Mortgagee invokes the STATUTORY POWER OF SALE, Lender Mortgagee shall mail a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, Mortgagor as provided in the manner provided by Applicable Lawthis Mortgage. Lender Mortgagee shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Lawapplicable law. Lender Mortgagee or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums Obligations secured by this Security Instru­mentMortgage; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower by certified mail to the address of the Property or another address designated by Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-non- existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2025, including, but not limited to, reasonable attorneys’ fees and costs of title evidencefees. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail cause a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, be served upon any person in possession of the manner provided by Applicable LawProperty. Lender shall publish the a notice of sale, and the Property shall be sold at public auction in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may will result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. For the purposes of this Section 22, the term “Lender” includes any holder of the Note who is entitled to receive payments under the Note. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender Lender, its designee, or Trustee shall mail a copy of a give notice of the date, time, place and terms of sale to Borrower, by posting and to other persons prescribed by Applicable Law, in filing the manner notice as provided by Applicable Law. Lender or its designee shall publish mail a copy of the notice of sale, and the Property shall be sold to Borrower in the manner prescribed by Applicable Law. Sale shall be public, occurring between the hours of 10 a.m. and 4 p.m. on a date and at a location permitted by Applicable Law. The time of sale must begin at the time stated in the notice of sale or not later than three hours after the stated time. Borrower authorizes Trustee to sell the Property to the highest bidder for cash in one or more parcels and in any order Trustee determines. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying indefeasible title to the Property with covenants of general warranty from Borrower. Borrower covenants and agrees to defend generally the purchaser’s title to the Property against all claims and demands. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, includingin­cluding, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instru­ment; and (c) any excess to the person or persons legally entitled to it. If the Property is sold pursuant to this Section 22, Borrower or any person holding possession of the Property through Xxxxxxxx shall immediately surrender possession of the Property to the purchaser at that sale. If possession is not surrendered, Borrower or such person shall be a tenant at sufferance and may be removed by writ of possession or other court proceeding.

Acceleration; Remedies. Lender shall give notice to Borrower Borrower(s) prior to acceleration following Borrower’s the breach by Borrower(s) of any covenant or agreement in this Security Instrument Mortgage (but not prior to acceleration under Section 16 Paragraph 17 unless Applicable Law applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 15 days from the date the notice is given to BorrowerBorrower(s), by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Mortgage and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx Borrower(s) of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower Borrower(s) to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument Mortgage without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Lawapplicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 20Paragraph 18, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to BorrowerBorrower(s), and to other persons prescribed by Applicable Lawapplicable law, in the manner provided by Applicable Lawapplicable law. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Lawapplicable law at one of the following locations: (a) the Property; (b) the office of the Lender’s attorney located in Boston, Massachusetts; or (c) the office of First American Title Insurance Company located in Boson, Massachusetts. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentMortgage; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender Xxxxxx invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy of a give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrower, and to other persons prescribed by Applicable Law, Borrower in the manner provided by Applicable Lawin Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender’s election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as provided in Section 15. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by Applicable Law and shall mail copies of the notice of sale in the manner prescribed by Applicable Law to Borrower, Borrower and to the other persons prescribed by Applicable Law, in . After the manner provided time required by Applicable Law. Lender , Trustee, without demand on Borrower, shall publish sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale, sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property shall be sold in by public announcement at the manner prescribed by Applicable Lawtime and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s certificate describing the Property and the time the purchaser will be entitled to Trustee’s deed. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s Upon Owner's breach of any covenant or agreement of Owner in the Resale and Refinancing Restriction Agreement or this Security Instrument (Deed of Trust, including, but not prior limited to, the covenants to acceleration under pay, when due, any sums secured by this Deed of Trust, the Authority, will provide written notice to Owner pursuant to Section 16 unless Applicable Law provides otherwise). The notice shall specify: 14 above, specifying; (a1) the defaultbreach; (b2) the action required to cure the defaultsuch breach; (c3) a date, not less than 30 thirty (30) days from the date the notice is given to Borrowerreceived by Owner as shown on the return receipt, by which the default must such breach is to be cured; and (d4) that failure to cure the default such breach on or before the date specified in the notice may result in acceleration declaration of the sums secured by this Security Instrument a default hereunder and sale of the Property, which sale shall subject to the First Mortgage, if then in effectSecurity. The notice shall further will also inform Xxxxxxxx Owner of the Owner's right to reinstate after acceleration and the right to bring a court action to assert the non-existence nonexistence of a default or any other defense of Borrower Owner to acceleration and sale. If the default breach is not cured on or before the date specified in the notice, Lender the Authority, at its option may require immediate payment in full the Authority's option, may: (a) declare all of all sums the sums, if any, secured by this Security Instrument Deed of Trust to be immediately due and payable without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable LawCalifornia law. Lender (b) either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Security and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security thereof. The entering upon and taking possession of the Security shall not cure or waive any breach hereunder or invalidate any act done in response to such breach and, notwithstanding the continuance in possession of the Security, the Authority shall be entitled to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any uncured breach, including the right to exercise the power of sale; (c) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (d) deliver to Trustee a written declaration of default and demand for sale, pursuant to the provisions for notice of sale found at California Civil Code Sections 2924, et seq., as amended from time to time; or (e) exercise all other rights and remedies provided herein, in the instruments by which the Owner acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the obligations secured hereby, or provided by law. The Authority shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 20paragraph, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ attorney's fees; (b) to all sums secured by this Security Instru­ment; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; , and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender or Trustee shall mail a copy copies of a notice of sale in the manner prescribed by Applicable Law to Borrower, Borrower and to the other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender Trustee shall publish the give notice of sale, sale by public advertisement for the time and the Property shall be sold in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property to any later time on the same date by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender or Trustee shall mail a copy give to Borrower, the owner of a the Property, and all other persons, notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the manner provided as required by Applicable Law. Lender Trustee shall publish give public notice of sale by advertising, in accordance with Applicable Law, once a week for two successive weeks in a newspaper having general circulation in the county or city in which any part of the Property is located, and by such additional or any different form of advertisement the Trustee deems advisable. Trustee may sell the Property on the eighth day after the first advertisement or any day thereafter, but not later than 30 days following the last advertisement. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale, sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property shall be sold by advertising in the manner prescribed by accordance with Applicable Law. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property with special warranty of title. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all discharge the expenses of executing the saletrust, including, but not limited to, including a reasonable attorneys’ feescommission to Trustee; (b) to discharge all sums taxes, levies, and assessment, with costs and interest if these costs have priority over the lien of this Security Instrument, including the due pro rata thereof for the current year; (c) to discharge in the order of their priority, if any, the remaining debts and obligations secured by this Security Instru­mentInstrument, and any liens of record inferior to this Security Instrument under which sale is made, with lawful interest; and and, (cd) any excess the residue of the proceeds shall be paid to Borrower or Borrower’s assigns. Trustee shall not be required to take possession of the Property prior to the person sale thereof or persons legally entitled to itdeliver possession of the Property to the purchaser at the sale.

Acceleration; Remedies. Lender shall give notice to Borrower and the Senior Lien Holder prior to acceleration following Borrower’s Borrowers breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 unless Applicable Law provides otherwise)Instrument. The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to BorrowerBorrower (and with respect to the Senior Lien Holder, 60 days from the date the notice is given to the Senior Lien Holder), by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured by the Borrower on or before the date specified in the notice, and the senior Lien Holder has not exercised its right to cure the default, the Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Notwithstanding Xxxxxx's right to invoke any remedies hereunder, as provided in Section 6 above, the Lender agrees that it will not commence foreclosure proceedings or accept a deed in lieu of foreclosure, or exercise any other rights or remedies hereunder until it has given the Senior Lien Holder at least 60 days' prior written notice. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2019, including, but not limited to, reasonable attorneys’ attorney's fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­ment; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower Borrower, the Navajo Nation and the Bureau of Indian Affairs, prior to acceleration following Borrower’s Xxxxxxxx's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 paragraph 17 unless Applicable Law applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 sixty (60) days from the date the notice is given to received by Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Instrument, foreclosure by judicial proceeding and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and saleforeclosure. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke foreclose this Security Instrument by judicial proceeding; provided, however, prior to any sale of the STATUTORY POWER OF SALE Property subsequent to such foreclosure proceeding, Lender shall notify the Navajo Nation of the availability of the Property for sale and any other remedies permitted by Applicable Lawthe Navajo Nation shall be entitled to exercise its right of first refusal to purchase the Property in accordance with paragraph 26 below and the terms of that certain Homesite Lease described above. Lender shall be entitled to collect seek all reasonable expenses incurred in pursuing the remedies provided in this Section 20paragraph 21, including, but not limited to, reasonable attorneys’ fees ' fees, and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­ment; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2025, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy give written notice to Borrower of the occurrence of an event of default and of Lender’s election to cause the Property to be sold. Lender shall record a notice of sale to Borrowerin each county in which any part of the Property is located, and shall mail copies of the notice as prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law, in . After the manner provided time required by Applicable Law. Lender shall publish Law and after publication and posting of the notice of sale, and Lender, shall sell the Property shall be sold at public auction to the highest bidder at the time and place and under the terms designated in the manner prescribed notice of sale in one or more parcels and in any order Lender determines. Lender may postpone sale of all or any parcel of the Property by Applicable Lawpublic announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Lender shall deliver to the purchaser a deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the deed shall be prima facie evidence of the truth of the statements made therein. Lender shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.and

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s 's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 unless Applicable Law provides otherwise)Instrument. The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-non- existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured by the Borrower on or before the date specified in the notice, then Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Notwithstanding Xxxxxx's right to invoke any remedies hereunder, as provided in Section 8 above, the Lender agrees that it will not commence foreclosure proceedings or accept a deed in lieu of foreclosure, or exercise any other rights or remedies hereunder until it has given the Borrower at least 60 days' prior written notice. Xxxxxx shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 20paragraph 23, including, but not limited to, reasonable attorneys’ ' fees and costs of title evidence. a If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender or Trustee shall mail a copy copies of a notice of sale in the manner prescribed by applicable law to Borrower, and to the other persons prescribed by Applicable Law, in the manner provided by Applicable Lawapplicable law. Lender Trustee shall publish the give notice of sale, sale by public advertisement for the time and the Property shall be sold in the manner prescribed by Applicable Lawapplicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property to any later time on the same date by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­ment; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If the power of sale is invoked, Trustee shall execute a written notice of the occurrence of an event of default and of the election to cause the Property to be sold and shall record such notice in each county in which any part of the Property is located. Lender invokes the STATUTORY POWER OF SALE, Lender or Trustee shall mail a copy copies of a such notice of sale in the manner prescribed by Applicable Law to Borrower, Borrower and to the other persons prescribed by Applicable Law, in . In the manner provided event Borrower does not cure the default within the period then prescribed by Applicable Law. Lender , Trustee shall publish the give public notice of sale, the sale to the persons and the Property shall be sold in the manner prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines (but subject to any statutory right of Borrower to direct the order in which the Property, if consisting of several known lots or parcels, shall be sold). Trustee may in accordance with Applicable Law, postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to itit or to the county clerk of the county in which the sale took place.

Acceleration; Remedies. Impact Fund Lender shall shall, prior to its acceleration of the indebtedness secured by this Impact Fund (Balloon) Loan Mortgage, give written notice to Borrower prior to acceleration following Borrower’s by certified mail of any breach or default by Borrower of any covenant or agreement in the Impact Fund (Balloon)) Loan Note or this Security Instrument Impact Fund (but not prior to acceleration under Section 16 unless Applicable Law provides otherwise)Balloon) Loan Mortgage. The notice shall specify: ; (ai) the breach or default; , (bii) the action required to cure the such breach or default; , (ciii) a date, not less than 30 days from the date the notice is given to Borrower, by which the such breach or default must be cured; and , (div) that failure to cure the breach or default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Impact Fund (Balloon) Loan Mortgage and the sale of the Mortgaged Property, which sale and (v) that failure to cure such breach or default shall subject to result in interest accruing on the First Mortgage, if then in effectsums secured by this Impact Fund (Balloon)) Loan Mortgage from and after the date of Borrower's breach or default at the lesser of 10% per annum or the highest lawful interest rate. The notice shall further inform Xxxxxxxx Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence nonexistence of a breach or default or any other defense of Borrower to acceleration and sale. If the breach or default is not cured on or before the date specified in the notice, Lender or if the “Maturity Date” as such term is used and defined in the Impact Fund (Balloon) Loan Note, has occurred, then Impact Fund Lender, at its sole option and discretion, may require immediate payment in full of all of sums secured by this Security Instrument Impact Fund (Balloon) Loan Mortgage without further demand demand, and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Impact Fund Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 2017, including, but not limited to, reasonable attorneys’ fees and costs of title evidence' fees. If Impact Fund Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice power of sale, and then the Mortgaged Property shall be sold at public auction in the manner prescribed by Applicable Lawapplicable law. Impact Fund Lender or its designee may purchase the Mortgaged Property at any sale. The proceeds of the sale shall be applied in the following order: ; (ai) to all sums secured by this Impact Fund (Balloon) Loan Mortgage; (ii) to all costs and expenses of the sale, including, but not limited to, reasonable attorneys’ ' fees; (b) to all sums secured by this Security Instru­ment; and (ciii) any excess the excess, if any, to the person or persons legally entitled to itthereto.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Except as provided in paragraph 17 hereof, upon Borrower’s 's breach of any covenant or agreement of Borrower in this Security Instrument (but not Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration under Section 16 unless Applicable Law provides otherwise). The shall mail notice shall specifyto Borrower as provided in paragraph 14 hereof specifying: (a1) the defaultbreach; (b2) the action required to cure the defaultsuch breach; (c3) a date, not less than 30 days from the date the notice is given mailed to Borrower, by which the default such breach must be cured; and (d4) that failure to cure the default such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Mortgage and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default breach is not cured on or before the date specified in the notice, Lender Lender, at its option Lender's option, may require immediate payment in full declare all of all the sums secured by this Security Instrument Mortgage to be immediately due and payable without further demand and may invoke the STATUTORY POWER OF SALE power of sale hereby granted and any other remedies permitted by Applicable Lawapplicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 20paragraph 18, including, but not limited to, reasonable attorneys’ fees and costs of title evidenceattorney's fees. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, Borrower in the manner provided by Applicable Lawin paragraph 14 hereof. Lender shall publish and post the notice of sale, sale and the Property shall be sold in the manner prescribed by Applicable Lawapplicable law. Lender or its Lender's designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable attorneys’ attorney's fees; (b) to all sums secured by this Security Instru­mentMortgage; and (c) any excess the excess, if any, to the person or persons legally entitled to itthereto.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and power of sale, assent to decree, and/or any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy of or cause Trustee to mail a notice of sale to Borrower, and to other persons Borrower in the manner prescribed by Applicable Law, in the manner provided . Trustee shall give notice of sale by public advertisement and by such other means as required by Applicable Law. Lender Trustee, without demand on Borrower, shall publish sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale, sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property shall be sold in by public announcement at the manner prescribed time and place of any previously scheduled sale and by notice to any other persons as required by Applicable Law. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, includingin­cluding, but not limited to, Trustee’s fees of ____________% of the gross sale price and reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it. Borrower, in accordance with Title 14, Chapter 200 of the Maryland Rules of Procedure, does hereby declare and assent to the passage of a decree to sell the Property in one or more parcels by the equity court having jurisdiction for the sale of the Property, and consents to the granting to any trustee appointed by the assent to decree of all the rights, powers and remedies granted to the Trustee in this Security Instrument together with any and all rights, powers and remedies granted by the decree. Neither the assent to decree nor the power of sale granted in this Section 22 shall be exhausted in the event the proceeding is dismissed before the payment in full of all sums secured by this Security Instrument.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2025, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender or Trustee shall mail a copy of a notice of sale to give Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the in Section 12, notice of sale, Xxxxxx’s election to sell the Property. Trustee shall give notice of sale by public advertisement for the time and the Property shall be sold in the manner prescribed by Applicable Law. Borrower hereby waives personal service of notice of any sale made hereunder, upon Xxxxxxxx, its devisees, agents, successors or assigns, and also waives the posting of notice of sale at the courthouse. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ feesTrustee’s fees as permitted by Applicable Law; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it. In the event that foreclosure proceedings are instituted hereunder but are not completed, Trustee shall be reimbursed for all costs and expenses incurred by it in commencing such proceedings; and all costs and expenses so incurred by Trustee, together with interest thereon until paid at the Note default rate shall be and become a part of the obligations secured hereby and shall be collectible as such.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may will result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2025, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. For the purposes of this Section 25, the term “Lender” includes any holder of the Note who is entitled to receive payments under the Note. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender or Trustee shall mail a copy of a give notice of the time, place and terms of sale by posting and filing the notice at least 21 days prior to Borrower, and to other persons prescribed by Applicable Law, in the manner sale as provided by Applicable Law. Lender shall publish «Initials» mail a copy of the notice of sale, and the Property shall be sold to Borrower in the manner prescribed by Applicable Law. Sale shall be made at public venue. The sale must begin at the time stated in the notice of sale or not later than three hours after that time and between the hours of 10 a.m. and 4 p.m. on the first Tuesday of the month. Borrower authorizes Trustee to sell the Property to the highest bidder for cash in one or more parcels and in any order Trustee determines. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying indefeasible title to the Property with covenants of general warranty from Borrower. Borrower covenants and agrees to defend generally the purchaser’s title to the Property against all claims and demands. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it. If the Property is sold pursuant to this Section 25, Borrower or any person holding possession of the Property through Xxxxxxxx shall immediately surrender possession of the Property to the purchaser at that sale. If possession is not surrendered, Borrower or such person shall be a tenant at sufferance and may be removed by writ of possession or other court proceeding.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s 's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 paragraph 17 unless Applicable Law applicable law provides otherwise). The notice shall specify: ; (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender Xxxxxx shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 20paragraph 21, including, but not limited to, to reasonable attorneys’ fees and costs of title evidence' fees. If Lender invokes the STATUTORY POWER OF SALE, power of sale Lender shall mail cause a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, be served upon any person in possession of the manner provided by Applicable LawProperty. Lender shall publish the a notice of sale, and the Property shall be sold at public auction in the manner prescribed by Applicable Lawapplicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, including but not limited to, to reasonable attorneys’ ' fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Upon Borrower’s breach of any representation, covenant or agreement of Borrower in this Security Instrument (Instrument, the Note, the Environmental Indemnity Agreement or any other Loan Document, including, but not prior limited to, the covenants to acceleration under Section 16 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a datepay when due any sums secured by this Instrument, not less than 30 days from the date the notice is given to BorrowerLender, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice at Lender’s option, may result in acceleration declare all of the sums secured by this Security Instrument to be immediately due and payable without further demand, and may invoke the power of sale and any other remedies permitted by applicable law or provided herein. Borrower acknowledges that the power of the Property, which sale shall subject to the First Mortgage, if then in effectherein granted may be exercised by Lender without prior judicial hearing. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and Borrower has the right to bring a court an action to assert the non-existence of a default breach or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all costs and expenses incurred in pursuing the remedies provided in this Section 20such remedies, including, but not limited to, reasonable attorneys’ attorney’s fees and costs of documentary evidence, abstracts and title evidencereports. If Lender invokes Notwithstanding the STATUTORY POWER OF SALEforegoing, Lender shall mail not invoke any remedy provided hereunder, under the Loan Documents, at law or in equity upon Borrower’s breach of a copy non-monetary representation, covenant, or agreement of Borrower in this Instrument, the Note, the Environmental Indemnity Agreement or any other Loan Document, other than a breach of paragraphs 5, 19, 32(k), 32(l) or 32(n) of this Instrument, or paragraph 2 of the Environmental Indemnity Agreement, provided Borrower shall have, on or before the date that is fifteen (15) days after Borrower’s receipt of notice thereof, cured such default or, if such default cannot be cured within such fifteen (15) day period, Borrower shall have commenced to cure within such fifteen (15) day period and is taking all actions required to diligently cure such default and such default is cured on or before the date that is thirty (30) days after Borrower’s receipt of a notice to cure such default. See paragraph 34 of sale this Instrument. Trustee shall deliver to Borrowerpurchaser a Trustee’s deed conveying the Property so sold without any covenant or warranty, and to other persons prescribed by Applicable Law, expressed or implied. The recitals in the manner provided by Applicable Law. Lender shall publish the notice of sale, and the Property Trustee’s deed shall be sold in prima facie evidence of the manner prescribed by Applicable Lawtruth of the statements made therein. Lender or its designee may purchase Trustee shall apply the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all costs and expenses of the sale, including, but not limited to, reasonable attorneys’ feesTrustee’s fees of TWO percent (2%) of the gross sale price, attorney’s fees and costs of title evidence; (b) to all sums secured by this Security Instru­mentInstrument in such order as Lender, in Lender’s sole discretion, directs; and (c) any excess the excess, if any, to the person or persons legally entitled to itthereto.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2025, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender Xxxxxx invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy of a give notice of sale to Borrower, and to other persons prescribed by Applicable Law, Borrower in the manner provided by Applicable Lawin Section 12. Lender shall publish and post the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Except as provided in paragraph 16 hereof, upon Borrower’s breach of any covenant or agreement of Borrower in this Security Instrument (but not Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration under Section 16 unless Applicable Law provides otherwise). The shall give notice shall specifyto Borrower as provided in paragraph 12 hereof specifying: (a1) the defaultbreach; (b2) the action required to cure the defaultsuch breach; (c3) a date, not less than 30 10 days from the date the notice is given mailed to Borrower, by which the default such breach must be cured; and (d4) that failure to cure the default such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Deed of Trust and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence nonexistence of a default or any other defense of Borrower to acceleration and sale. If the default breach is not cured on or before the date specified in the notice, Lender Lender, at its option Lender’s option, may require immediate payment in full declare all of all the sums secured by this Security Instrument Deed of Trust to be immediately due and payable without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 20paragraph 17, including, but not limited to, reasonable attorneys’ fees and costs of title evidencefees. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail execute or cause Trustee to execute a copy of a written notice of sale the occurrence of an event of default and of Lender’s election to Borrower, cause the Property to be sold and shall cause such notice to other persons prescribed by Applicable Law, be recorded in each county in which the manner provided by Applicable LawProperty or some part thereof is located. Lender or Trustee shall publish the mail copies of such notice of sale, and the Property shall be sold in the manner prescribed by Applicable Lawapplicable law. Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its Lender’s designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ feesfees and costs of title evidence; (b) to all sums secured by this Security Instru­mentDeed of Trust; and (c) any excess the excess, if any, to the person or persons legally entitled to itthereto.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale is invoked, Lender Trustee shall mail a copy of record a notice of sale default in each county in which any part of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower, Borrower and to the other persons prescribed by Applicable Law, in . After the manner provided time required by Applicable Law. Lender , Trustee shall publish the give public notice of sale, sale to the persons and the Property shall be sold in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee’s deed conveying the Property. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including, but not limited to, including the payment of the Trustee’s fees actually incurred and reasonable attorneys’ feesfees as permitted by Applicable Law; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Except as provided in paragraph 15 hereof, upon Borrower’s 's breach of any covenant or agreement of Borrower in this Security Instrument (but not Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration under Section 16 unless Applicable Law provides otherwise). The shall give notice shall specifyto Borrower as provided in paragraph 12 hereof specifying: (a1) the defaultbreach; (b2) the action required to cure the defaultsuch breach; (c3) a date, not less than 30 10 days from the date the notice is given mailed to Borrower, by which the default such breach must be cured; and (d4) that failure to cure the default such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Mortgage and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence nonexistence of a default or any other defense of Borrower to acceleration and sale. If the default breach is not cured on or before the date specified in the notice, Lender Lender, at its option Xxxxxx's option, may require immediate payment in full declare all of all the sums secured by this Security Instrument Mortgage to be immediately due and payable without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Lawapplicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 20paragraph 16, including, but not limited to, reasonable attorneys’ ' fees and costs (including the time of title evidenceany in-house counsel of lender, charged at the same rate as comparable outside attorneys). If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to any other persons prescribed person required by Applicable Lawapplicable law, in the manner provided by Applicable Lawapplicable law. Lender shall publish the notice of sale, sale and the Property shall be sold in the manner prescribed by Applicable Lawapplicable law. Lender or its Xxxxxx's designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses reasonable costs and expense of the sale, including, but not limited to, including reasonable attorneys’ fees' fees (including the time of any in- house counsel of lender, charged at the same rate as comparable outside attorneys) and costs of title evidence; (b) to all sums secured by this Security Instru­mentMortgage; and (c) any excess the excess, if any, to the person or persons legally entitled to itthereto.

Acceleration; Remedies. Lender Bank shall give notice to Borrower prior to acceleration following BorrowerXxxxxxxx’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 paragraph 17 unless Applicable Law applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender Bank, at its option option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender Bank shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 20paragraph 21, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender Bank invokes the STATUTORY POWER OF SALEpower of sale, Lender Bank shall mail give a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, Borrower in the manner provided by Applicable Lawin paragraph 14. Lender Bank shall publish the notice of salesale once a week for three consecutive weeks in a newspaper published in   County, Alabama, and thereupon shall sell the Property to the highest bidder at public auction at the front door of the County Courthouse of this County. Bank shall be sold in deliver to the manner prescribed by Applicable Lawpurchaser Bank’s deed conveying the Property. Lender Bank or its designee may purchase the Property at any sale. The Borrower covenants and agrees that the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it. Borrower waives any requirement that the Property be sold in separate tracts and agrees that Bank may sell the Property en masse regardless of the number of parcels conveyed by this Mortgage.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2025, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy of a give notice of sale to Borrower, and to other persons prescribed by Applicable Law, Borrower in the manner provided by Applicable Lawin Section 12. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender shall sell the Property in one or more parcels and in any order Lender determines. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled clerk of the court subject to itthe order of the court.

Acceleration; Remedies. Upon the occurrence of an Event of Default, unless Lender elects to waive such default in its sole and absolute discretion, all amounts due Lender under the Loan Documents shall give become immediately due and payable without notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing of the rights and remedies provided in this Section 20the Loan Documents or at law or in equity. Each remedy provided in the Loan Documents is distinct and cumulative of all other rights or remedies under the Loan Documents or afforded by law or equity, includingand may be exercised concurrently, but not limited toindependently, reasonable attorneys’ fees or successively, in any order whatsoever. Upon the occurrence of an Event of Default, and costs notwithstanding the automatic stay set forth in section 362(a) of title evidence. If Lender invokes the STATUTORY POWER OF SALEBankruptcy Code, (a) Lender shall mail a copy thereupon be entitled to immediate relief from any automatic stay imposed by Section 362 of a notice the Bankruptcy Code, or otherwise, on or against the exercise of sale the rights and remedies otherwise available to Borrower, and to other persons prescribed by Applicable LawLender as provided herein, in the manner provided by Applicable Law. Lender shall publish the notice of saleNote, and the Property shall be sold or in the manner prescribed by Applicable Law. Lender Loan Documents, or its designee may purchase the Property as otherwise provided at any sale. The proceeds of the sale shall be applied law or in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ feesequity; (b) Borrower shall consent and does hereby consent to all sums secured Lender's relief from any aforementioned stay and to Lender's exercise of the rights otherwise available to Lender herein, in the Note or Loan Documents; (c) Borrower shall not seek or apply for any expansion of the provisions of Section 362 of the Bankruptcy Code or any injunction against Lender's exercise of its rights herein, in the Note or Loan Documents; (d) Lender shall be entitled to remain in possession of the Project or any other collateral pledged to secure any obligation of Borrower to Lender, and to collect the rents therefrom and Borrower shall and hereby consents thereto; (e) Borrower shall consent to a cash collateral order in a form acceptable to the Lender, in Lender's sole and absolute discretion, if requested by this Security Instru­mentLender; and (cf) Borrower shall not, without Lender's prior consent (exercisable in Lender's sole discretion), seek any excess extension of any time period within which to the person file or persons legally entitled to itobtain confirmation of any plan of reorganization.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 paragraph 17 unless Applicable Law applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender Xxxxxx shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 20paragraph 21, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender Xxxxxx invokes the STATUTORY POWER OF SALEpower of sale, Xxxxxx shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Xxxxxx’s election to cause the Property to be sold. Trustee shall cause this notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail a copy copies of a the notice as prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. Trustee shall give public notice of sale to Borrower, the persons and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Lawapplicable law. After the time required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the property without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender Xxxxxx invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy give Borrower notice of sale in the manner provided in Section 15. Lender shall publish a notice of sale to Borrower, and to other persons prescribed by Applicable Law, shall sell the Property at the time and place and under the terms specified in the manner provided by Applicable Law. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. At any time during the existence of an Event of Default, Lender, at Lender's option, may declare the Indebtedness to be immediately due and payable without further demand, and may request Trustee to exercise the power of sale and Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of may exercise any covenant other remedies permitted by applicable law or agreement provided in this Security Instrument (but not or in any other Loan Document. Borrower acknowledges that the power of sale granted in this Instrument may be exercised by Trustee without prior to acceleration under Section 16 unless Applicable Law provides otherwise)judicial hearing. The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and Borrower has the right to bring a court an action to assert the non-existence of a default an Event of Default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all costs and expenses incurred in pursuing the remedies provided in this Section 20such remedies, includingincluding attorneys' fees, but not limited to, reasonable attorneys’ fees and costs of documentary evidence, abstracts and title evidencereports. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender or Trustee shall mail a copy copies of a the notice of sale to Borrower, Borrower and to other persons prescribed by Applicable Law, applicable law in the manner provided by Applicable Lawapplicable law. Lender shall publish Trustee may sell the Mortgaged Property at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Mortgaged Property to any later ________________________________________________________________________________ PAGE 35 time on the same date by public announcement at the time and place of any previously scheduled sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its Lender's designee may purchase the Mortgaged Property at any sale. Trustee shall deliver to the purchaser at the sale, within a reasonable time after the sale, a deed conveying the Mortgaged Property so sold without any covenant or warranty, express or implied. The recitals in Trustee's deed shall be prima facie evidence of the truth of the statements contained in those recitals. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all costs and expenses of the sale, includingincluding Trustee's fees in the amount allowed by applicable law, but not limited to, reasonable attorneys’ fees' fees and costs of title evidence; (b) to all sums secured by this Security Instru­mentthe Indebtedness in such order as Lender, in Lender's discretion, directs; and (c) any excess the excess, if any, to the person or persons legally entitled to it. Lender shall have the right on one or more occasions to institute one or more actions or proceedings at law or in equity to enforce the rights and remedies of Lender under this Instrument. Trustee hereby lets the Mortgaged Property to Borrower until a sale is held under the foregoing provisions or until the occurrence of an Event of Default, upon the following terms and conditions: Borrower, and all persons claiming or possessing the Mortgaged Property or any part thereof by, through or under Borrower, shall pay rent therefore during said term at the rate of one cent (1(cent)) per month, payable monthly upon demand, and shall surrender immediate peaceable possession of the Mortgaged Property and any and every part thereof sold under the foregoing power of sale to the purchaser at such sale, without notice or demand therefore, and shall and will at once, without notice, surrender possession of the Mortgaged Property and every part thereof in the event Lender shall take charge and enter the Mortgaged Property as provided in this Instrument.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Except as provided in paragraph 16 hereof, upon Borrower’s breach of any covenant or agreement of Borrower in this Security Instrument (but not Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration under Section 16 unless Applicable Law provides otherwise). The shall give notice shall specifyto Borrower as provided in paragraph 12 hereof specifying: (a1) the defaultbreach; (b2) the action required to cure the defaultsuch breach; (c3) a date, not less than 30 10 days from the date the notice is given mailed to Borrower, by which the default such breach must be cured; and (d4) that failure to cure the default such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Deed of Trust and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence nonexistence of a default or any other defense of Borrower to acceleration and sale. If the default breach is not cured on or before the date specified in the notice, Lender Lender, at its option Lender’s option, may require immediate payment in full declare all of all the sums secured by this Security Instrument Deed of Trust to be immediately due and payable without further demand and may invoke the STATUTORY POWER OF SALE sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 20paragraph 17, including, but not limited to, reasonable attorneys’ fees and costs of title evidenceattorney’s fees. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail execute or cause Trustee to execute a copy of a written notice of sale the occurrence of an event of default and of Lender’s election to Borrower, cause the Property to be sold and shall cause such notice to other persons prescribed by Applicable Law, be recorded in each county in which the manner provided by Applicable LawProperty or some part thereof is located. Lender or Trustee shall publish the mail copies of such notice of sale, and the Property shall be sold in the manner prescribed by Applicable Lawapplicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its Lender’s designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all reasonable costs and expenses of the sale, including, including but not limited to, reasonable Trustee’s and attorneys’ feesfees and costs of title evidence; (b) to all sums secured by this Security Instru­mentDeed of Trust; and (c) any excess the excess, if any, to the person or persons legally entitled to itthereto.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument option, and without further demand and demand, may invoke the STATUTORY POWER OF SALE power of sale, including the right to accelerate full payment of the Note, and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender Xxxxxx invokes the STATUTORY POWER OF SALEpower of sale, Xxxxxx shall execute or cause Trustee to execute written notice of the oc­currence of an event of default and of Lenders’ election to cause the Property to be sold, and shall cause such notice to be recorded in each county in which any part of the Property is located. Lender shall mail a copy copies of a the notice of sale as prescribed by Applicable Law to Borrower, Borrower and to other the persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender Trustee shall publish the give public notice of sale, sale to the persons and the Property shall be sold in the manner prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee deter­mines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender Xxxxxx shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneysReasonable Attorneys’ fees Fees (as defined in Section 25) and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy of a give notice of sale in the manner prescribed by Applicable Law to Borrower, Borrower and to the other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property Prop­erty at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, includingin­cluding, but not limited to, reasonable attorneysReasonable Attorneys’ feesFees (as defined in Section 25); (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to itclerk of the circuit court of the county in which the sale is held.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Except as provided in paragraph 16 hereof, upon Borrower’s 's breach of any covenant or agreement of Borrower in this Security Instrument (but not Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration under Section 16 unless Applicable Law provides otherwise). The shall give notice shall specifyto Borrower as provided in paragraph 12 hereof specifying: (a1) the defaultbreach; (b2) the action required to cure the defaultsuch breach; (c3) a date, not less than 30 10 days from the date the notice is given mailed to Borrower, by which the default such breach must be cured; and (d4) that failure to cure the default such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Deed of Trust and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence nonexistence of a default or any other defense of Borrower to acceleration and sale. If the default breach is not cured on or before the date specified in the notice, Lender Lender, at its option Lender's option, may require immediate payment in full declare all of all the sums secured by this Security Instrument Deed of Trust to be immediately due and payable without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 20paragraph 17, including, but not limited to, reasonable attorneys’ fees and costs of title evidence' fees. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail execute or cause Trustee to execute a copy of a written notice of sale the occurrence of an event of default and of Lender's election to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale, and cause the Property shall to be sold and shall cause such notice to be recorded in each county in which the Property or some part thereof is located. Trustee shall mail copies of such notice in the manner prescribed by Applicable Lawapplicable law. Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its Lender's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys’ fees' fees and costs of title evidence; (b) to all sums secured by this Security Instru­mentDeed of Trust; and (c) any excess the excess, if any, to the person or persons legally entitled to itthereto.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender Xxxxxx invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy of a notice of sale to give Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the in Section 15, notice of sale, Xxxxxx’s election to sell the Property. Trustee shall give notice of sale by public advertisement for the time and the Property shall be sold in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at such time and place in ____________________ County as Trustee designates in the notice of sale in one or more parcels and in any order Trustee determines. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Except as provided in paragraph 17 hereof, upon Borrower’s 's breach of any covenant or agreement of Borrower in this Security Instrument (but not Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration under Section 16 unless Applicable Law provides otherwise). The shall mail notice shall specifyto Borrower as provided in paragraph 14 hereof specifying: (a1) the defaultbreach; (b2) the action required to cure the defaultsuch breach; (c3) a date, not less than 30 days from the date the notice is given mailed to Borrower, by which the default such breach must be cured; and (d4) that failure to cure the default such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Mortgage and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default breach is not cured on or before the date specified in the notice, Lender at its Lender's option may require immediate payment in full declare all of all the sums secured by this Security Instrument Mortgage to be immediately due and payable without further demand and may invoke the STATUTORY POWER OF SALE power of sale hereby granted and any other remedies permitted by Applicable Lawapplicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 20paragraph 18, including, but not limited to, reasonable attorneys’ fees and costs of title evidenceattorney's fees. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, Borrower in the manner provided by Applicable Lawin paragraph 14 hereof. Lender shall publish and post the notice of sale, sale and the Property shall be sold in the manner prescribed by Applicable Lawapplicable law. Lender or its Lender's designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable attorneys’ attorney's fees; (b) to all sums secured by this Security Instru­mentMortgage; and (c) any excess the excess, if any, to the person or persons legally entitled to itthereto.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender and if it is determined in a hearing held in accordance with Applicable Law that Trustee can proceed to sale, Trustee shall mail a copy of a take such action regarding notice of sale and shall give such notices to Borrower, Borrower and to other persons prescribed as Applicable Law may require. After the time required by Applicable Law, in the manner provided by Applicable Law. Lender shall publish Law and after publication of the notice of sale, and Trustee, without demand on Borrower, shall sell the Property shall be sold at public auction to the highest bidder at the time and place and under the terms designated in the manner prescribed by Applicable Lawnotice of sale in one or more parcels and in any order Trustee determines. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, includingin­cluding, but not limited to, reasonable attorneys’ feesTrustee’s fees of ________% of the gross sale price; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it. The interest rate set forth in the Note shall apply whether before or after any judgment on the indebtedness evidenced by the Note.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Except as provided in paragraph 16 hereof (unless applicable law provides otherwise), upon Borrower’s 's breach of any covenant or agreement of Borrower in this Security Instrument (but not Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration under Section 16 unless Applicable Law provides otherwise)shall give notice to Borrower as required by applicable law. The notice shall specify: (a1) the defaultbreach; (b2) the action required to cure the defaultbreach; (c3) a date, not less than 30 35 days from the date the notice is given to Borrower, by which the default breach must be cured; and (d4) that failure to cure the default breach on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Mortgage and sale of the Property, which sale shall subject to the First Mortgage, if then in effect; and (5) any other information required by applicable law. The notice shall further inform Xxxxxxxx Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence nonexistence of a default or any other defense of Borrower to acceleration and sale. If the default breach is not cured on or before the date specified in the notice, Lender Lender, at its option option, may require immediate payment in full declare all of all the sums secured by this Security Instrument Mortgage to be immediately due and payable without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender shall be entitled to collect all costs and expenses incurred in pursuing the remedies provided in this Section 20paragraph 17, including, but not limited to, reasonable attorneys’ ' fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy of a give notice of sale in the manner required by applicable law to Borrower, Borrower and to any other persons prescribed by Applicable Law, in the manner provided by Applicable Lawapplicable law. Lender shall also publish the notice of sale, and the Property shall be sold in the manner sold, as prescribed by Applicable Lawapplicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured manner prescribed by this Security Instru­ment; and (c) any excess to the person or persons legally entitled to itapplicable law.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2025, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender Xxxxxx invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy of a give notice of sale to Borrower, and to other persons prescribed by Applicable Law, Borrower in the manner provided by Applicable Lawin Section 12. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender shall sell the Property in one or more parcels and in any order Lender determines. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled clerk of the court subject to itthe order of the court.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender or Borrower invokes the STATUTORY POWER OF SALEpower of sale, and the Property is judicially ordered to be sold pursuant to such power, Lender shall mail a copy of a notice of sale by registered mail to Borrower, and Borrower at the Property Address or at any other address Borrower delivers to other persons prescribed by Applicable Law, Lender in the manner provided by Applicable Lawwriting for that purpose. Lender shall publish the notice of salesale for the time and in the manner required by Applicable Law and, and without further demand on Borrower, the Property shall be sold at the time and under the terms designated by the court and in the manner prescribed by Applicable Lawnotice of sale. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Upon the occurrence of an Event of Default, unless Lender elects to waive such default in its sole and absolute discretion, all amounts due Lender under the Loan Documents shall give become immediately due and payable without notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing of the rights and remedies provided in this Section 20the Loan Documents or at law or; in equity. Each remedy provided in the Loan Documents is distinct and cumulative of all other rights or remedies under the Loan Documents or afforded by law or equity, includingand may be exercised concurrently, but not limited toindependently, reasonable attorneys’ fees or successively, in any order whatsoever. Upon the occurrence of an Event of Default, and costs notwithstanding the automatic stay set forth in section 362(a) of title evidence. If Lender invokes the STATUTORY POWER OF SALEBankruptcy Code, (a) Lender shall mail a copy thereupon be entitled to immediate relief from any automatic stay imposed by Section 362 of a notice the Bankruptcy Code, or otherwise, on or against the exercise of sale the rights and remedies otherwise available to Borrower, and to other persons prescribed by Applicable LawLender as provided herein, in the manner provided by Applicable Law. Lender shall publish the notice of saleNote, and the Property shall be sold or in the manner prescribed by Applicable Law. Lender Loan Documents, or its designee may purchase the Property as otherwise provided at any sale. The proceeds of the sale shall be applied law or in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ feesequity; (b) Borrower and Guarantor shall consent and do hereby consent to all sums secured Lender's relief from any aforementioned stay and to Lender's exercise of the rights otherwise available to Lender herein, in the Note or Loan Documents; (c) Borrower and Guarantor shall not seek nor apply for any expansion of the provisions of Section 362 of the Bankruptcy Code or any injunction against Lender's exercise of its rights herein, in the Note or Loan Documents; (d) Lender shall be entitled to remain in possession of the Project or any other collateral pledged to secure any obligation of Borrower to Lender, and to collect the rents therefrom and Borrower shall and hereby consents thereto; (e) Borrower and Guarantor shall consent to a cash collateral order in a form acceptable to the Lender, in Lender's sole and absolute discretion, if requested by this Security Instru­mentLender; and (cf) Borrower and Guarantor shall not, without Lender's prior consent (exercisable in Lender's sole discretion), seek any excess extension of any time period within which to the person file or persons legally entitled to itobtain confirmation of any plan of reorganization.

Acceleration; Remedies. Impact Fund Lender shall shall, prior to its acceleration of the indebtedness secured by this Impact Fund Mortgage, give written notice to Borrower prior to acceleration following Borrower’s by certified mail of any breach or default by Borrower of any covenant or agreement in the Impact Fund Mortgage Note or this Security Instrument (but not prior to acceleration under Section 16 unless Applicable Law provides otherwise)Impact Fund Mortgage. The notice shall specify: ; (ai) the breach or default; , (bii) the action required to cure the such breach or default; , (ciii) a date, not less than 30 days from the date the notice is given to Borrower, by which the such breach or default must be cured; and , (div) that failure to cure the breach or default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Impact Fund Mortgage and the sale of the Mortgaged Property, which sale and (v) that failure to cure such breach or default shall subject to result in interest accruing on the First Mortgage, if then in effectsums secured by this Impact Fund Mortgage from and after the date of Borrower's breach or default at the lesser of 18% per annum or the highest lawful interest rate. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence nonexistence of a breach or default or any other defense of Borrower to acceleration and sale. If the breach or default is not cured on or before the date specified in the notice, Lender or if the “Maturity Date” as such term is used and defined in the Impact Fund Mortgage Note, has occurred, then Impact Fund Lender, at its sole option and discretion, may require immediate payment in full of all of sums secured by this Security Instrument Impact Fund Mortgage without further demand demand, and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Impact Fund Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 2016, including, but not limited to, reasonable attorneys’ fees and costs of title evidence' fees. If Impact Fund Lender invokes the STATUTORY POWER OF SALEpower of sale, then Impact Fund Lender shall mail cause a copy of a notice of sale to Borrowerbe served upon the person, and to other persons prescribed by Applicable Lawif any, in possession of the manner provided by Applicable LawMortgaged Property. Impact Fund Lender shall publish the a notice of sale, sale and the Mortgaged Property shall be sold at public auction in the manner prescribed by Applicable Lawapplicable law. Impact Fund Lender or its designee may purchase the Mortgaged Property at any sale. The proceeds of the sale shall be applied in the following order: ; (ai) to all sums secured by this Impact Fund Mortgage; (ii) to all costs and expenses of the sale, including, but not limited to, reasonable attorneys’ ' fees; (b) to all sums secured by this Security Instru­ment; and (ciii) any excess the excess, if any, to the person or persons legally entitled to itthereto.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender Xxxxxx invokes the STATUTORY POWER OF SALEpower of sale, Xxxxxx shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Xxxxxx’s election to cause the Property to be sold and shall cause such notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail a copy of a give notice of sale in the manner prescribed by Applicable Law to Borrower, Borrower and to other persons prescribed by Applicable Law, in . After the manner provided time required by Applicable Law. Lender , Trustee, without demand on Borrower, shall publish sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale, sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property shall be sold in by public announcement at the manner prescribed by Applicable Lawtime and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, includingin­cluding, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instru­ment; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s 's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 paragraph 13 unless Applicable Law applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender Lender, at its option option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender Xxxxxx shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 20paragraph 16, including, but not limited to, reasonable attorneys’ ' fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as provided in paragraph 10. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale to Borrower, for the time and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender applicable law and shall publish mail copies of the notice of sale, and the Property shall be sold sale in the manner prescribed by Applicable Lawapplicable law to Borrower and to the other persons prescribed by applicable law. After the time required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys’ ' fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s 's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 paragraph 17 unless Applicable Law applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, date not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in ill the notice may result in acceleration of the sums secured by this Security Se Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to or Borrower, acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender Lender, at its option may require immediate payment in full of all sums slims secured by this tills Security Instrument without further demand and may invoke Ii the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender Xxxxxx shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 20, paragraph 21 including, but not limited to, reasonable attorneys’ fees attorneys and costs of title evidence. If the power of sale is invoked, Trustee shall execute a written notice of the occurrence of an event of default and of the election to cause the Property to be sold and shall record such notice in each county in which any part of the Property is located. Lender invokes the STATUTORY POWER OF SALE, Lender or Trustee shall mail a copy copies of a such notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Lawapplicable law to Borrower a the other persons prescribed by applicable law. Trustee shall give public notice or the sale to the persons and in the manner prescribed by applicable law. After the time required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may in accordance with applicable law, post sale or all of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchase Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a1) to all expenses of the sale, including, but not limited to, reasonable attorneys’ Trustee's and attorney's fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to itit or to the county clerk of the county in which the sale took place.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Except as provided in paragraph 15 hereof, upon Borrower’s 's breach of any covenant or agreement of Borrower in this Security Instrument (but not Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration under Section 16 unless Applicable Law provides otherwise). The shall give notice shall specifyto Borrower as provided in paragraph 12 hereof specifying: (a1) the defaultbreach; (b2) the action required to cure the defaultsuch breach; (c3) a date, not less than 30 10 days from the date the notice is given mailed to Borrower, by which the default such breach must be cured; and (d4) that failure to cure the default such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Mortgage and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence nonexistence of a default or any other defense of Borrower to acceleration and sale. If the default breach is not cured on or before the date specified in the notice, Lender Lender, at its option Lender's option, may require immediate payment in full declare all of all the sums secured by this Security Instrument Mortgage to be immediately due and payable without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Lawapplicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 20paragraph 16, including, but not limited to, reasonable attorneys’ ' fees and costs (including the time of title evidenceany in-house counsel of lender, charged at the same rate as comparable outside attorneys). If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to any other persons prescribed person required by Applicable Lawapplicable law, in the manner provided by Applicable Lawapplicable law. Lender shall publish the notice of sale, sale and the Property shall be sold in the manner prescribed by Applicable Lawapplicable law. Lender or its Lender's designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses reasonable costs and expense of the sale, including, but not limited to, including reasonable attorneys’ fees' fees (including the time of any in- house counsel of lender, charged at the same rate as comparable outside attorneys) and costs of title evidence; (b) to all sums secured by this Security Instru­mentMortgage; and (c) any excess the excess, if any, to the person or persons legally entitled to itthereto.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 20, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy of or cause Trustee to mail a notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale, and the Property shall be sold Borrower in the manner prescribed by Applicable Lawapplicable law. Trustee shall give notice of sale by public advertisement and by such other means as required by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale and by notice to any other persons as required by applicable law. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, Trustee’s fees of 5.00% of the gross sale price and reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it. Borrower, in accordance with Title 14, Chapter 200 of the Maryland Rules of Procedure, does hereby declare and assent to the passage of a decree to sell the Property in one or more parcels by the equity court having jurisdiction for the sale of the Property, and consents to the granting to any trustee appointed by the assent to decree of all the rights, powers and remedies granted to the Trustee in this Security Instrument together with any and all rights, powers and remedies granted by the decree. Neither the assent to decree nor the power of sale granted in this Paragraph 7 shall be exhausted in the event the proceeding is dismissed before the payment in full of all sums secured by this Security Instrument. Loan Number 9902826507 If the Lender’s interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 4 of the Note, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 (“Act”) (12 U.S.C. § 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph or applicable law.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender’s election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as provided in Section 15. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by Applicable Law and shall mail copies of the notice of sale in the manner prescribed by Applicable Law to Borrower, Borrower and to the other persons prescribed by Applicable Law, in . After the manner provided time required by Applicable Law. Lender , Trustee, without demand on Borrower, shall publish sell the Prop­erty at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale, sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property shall be sold in by public announcement at the manner prescribed by Applicable Lawtime and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s certificate describing the Property and the time the purchaser will be entitled to Trustee’s deed. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice At any time during the existence of an Event of Default, Lender, at Xxxxxx’s option, may declare the Indebtedness to Borrower prior to acceleration following Borrower’s breach be immediately due and payable without further demand, and may invoke the power of sale and any covenant one or agreement more other remedies permitted by applicable law or provided in this Security Instrument (but not or in any other Borrower Document. Xxxxxxxx acknowledges that the power of sale granted in this Instrument may be exercised by Lender without prior to acceleration under Section 16 unless Applicable Law provides otherwise)judicial hearing. The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and Borrower has the right to bring a court an action to assert the non-existence of a default an Event of Default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all costs and expenses incurred in pursuing the remedies provided in this Section 20such remedies, including, including but not limited to, reasonable to attorneys’ fees and fees, costs of documentary evidence, abstracts and title evidencereports. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender or Trustee shall mail a copy copies of a the notice of sale to Borrower, Borrower and to other persons prescribed by Applicable Law, applicable law in the manner provided by Applicable Lawapplicable law. Lender shall publish Trustee may sell the Mortgaged Property at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Mortgaged Property to any later time on the same date by public announcement at the time and place of any previously scheduled sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its Xxxxxx’s designee may purchase the Mortgaged Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Mortgaged Property so sold without any covenant or warranty, express or implied. The recitals in Trustee’s deed shall be prima facie evidence of the truth of the statements contained in those recitals. Unless otherwise required by applicable law, Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all costs and expenses of the sale, including, but not limited to, reasonable Trustee’s fees and attorneys’ feesfees and costs of title evidence; (b) to all sums secured by this Security Instru­mentthe Indebtedness in such order as Lender, in Xxxxxx’s sole discretion, directs; and (c) any excess the excess, if any, to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 unless Applicable Law provides otherwise). The notice shall specify: (a) If an Event of Default shall exist, at the default; election of the Bank, but automatically in the case of an Event of Default under Sections (bk) and (l) above, all commitments to extend credit (if any) shall terminate and all Obligations shall become immediately due and payable without notice or demand. The Bank is hereby authorized, at its election, after an Event of Default, without any further demand or notice except to such extent as notice may be required by applicable law, to terminate any commitment to extend credit hereunder (if applicable) and to take possession and/or sell or otherwise dispose of all or any of the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be curedCollateral at public or private sale; and (d) that failure the Bank may also exercise any and all other rights and remedies of a secured party under the Code or which are otherwise accorded to cure it in equity or at law, all as Bank may determine, and such exercise of rights in compliance with the default on requirements of law will not be considered adversely to affect the commercial reasonableness of any sale or before the date specified in the notice may result in acceleration other disposition of the sums secured Collateral. If notice of a sale or other action by this Security Instrument the Bank is required by applicable law, unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, each Loan Party agrees that ten (10) days’ written notice to such Loan Party, or the shortest period of written notice permitted by such law, whichever is smaller, shall be sufficient notice; and that to the extent permitted by law, the Bank, Bank Affiliates, its officers, attorneys and agents may bid and become purchasers at any such sale, if public, and may purchase at any private sale any of the PropertyCollateral that is of a type customarily sold on a recognized market or which is the subject of widely distributed standard price quotations. Any sale (public or private) shall be without warranty and free from any right of redemption, which such Loan Party hereby waives and releases. No purchaser at any sale (public or private) shall subject be responsible for the application of the purchase money. Upon demand by the Bank, each Loan Party shall assemble the Collateral and make it available to the First Mortgage, if then Bank at a place designated by the Bank which is reasonably convenient to the Bank and such Loan Party. Each Loan Party hereby acknowledges that the Bank has extended credit and other financial accommodations to the Borrower upon reliance of such Loan Party’s granting the Bank the rights and remedies contained in effect. The notice shall further inform Xxxxxxxx of this Agreement including without limitation the right to reinstate after acceleration take immediate possession of the Collateral upon the occurrence of an Event of Default and such Loan Party hereby acknowledges that the right Bank is entitled to bring a court action equitable and injunctive relief to assert enforce any of its rights and remedies hereunder or under the non-existence Code and such Loan Party hereby waives any defense to such equitable or injunctive relief based upon any allegation of the absence of irreparable harm to the Bank. The Bank may for any reason apply for the appointment of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 20, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds receiver of the sale shall be applied in Collateral (to which appointment each Loan Party hereby irrevocably consents) without the following order: necessity of posting a bond or other form of security (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­ment; and (c) any excess to the person or persons legally entitled to itwhich each Entity Loan Party hereby waives).

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s 's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 17 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted permitt ed by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2021, including, but not limited to, reasonable attorneys’ ' fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender Trustee shall mail a copy of a give notice of sale to Borrower, by public advertisement in the county in which the Property is located for the time and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law, and Lender or Trustee shall mail a copy of the notice of sale to Borrower in the manner provided in Section 14. Lender Trustee, without demand on Borrower, shall publish sell the Property at public auction to the highest bidder at the time an d under the terms designated in the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, includinginclud ing, but not limited to, reasonable Trustee's and attorneys’ ' fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person per son or persons legally entitled to it. If the Property is sold pursuant to this Section 21, Borrower, or any person holding possession of the Property through Borrower, shall immediately surrender possession of the Property to the purchaser at the sale. If possession is not surrendered, Borrower or such person shall be a tenant at will of the purchaser and hereby agrees to pay the purchaser the reasonable rental value of the Property after sale.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender Xxxxxx invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail give a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, Borrower in the manner provided by Applicable Lawin Section 15. Lender shall publish the notice of salesale once a week for three consecutive weeks in a newspaper published in _____________________________ County, Alabama, and thereupon shall sell the Property to the highest bidder at public auction at the front door of the County Courthouse of this County. Lender shall be sold in deliver to the manner prescribed by Applicable Lawpurchaser Xxxxxx’s deed conveying the Property. Lender or its designee may purchase the Property at any sale. The Borrower covenants and agrees that the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender Xxxxxx invokes the STATUTORY POWER OF SALEpower of sale, Xxxxxx shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Xxxxxx’s election to cause the Property to be sold. Trustee shall cause this notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail a copy copies of a the notice of sale as prescribed by Applicable Law to Borrower, Borrower and to the other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender Trustee shall publish the give public notice of sale, sale to the persons and the Property shall be sold in the manner prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, includingin­cluding, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instru­ment; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower as required by Applicable Law prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 35 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect; and (e) any other information required by Applicable Law. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all costs and expenses incurred in pursuing the remedies provided in this Section 2025, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy of a give notice of sale in the manner required by Applicable Law to Borrower, Borrower and to any other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall also publish the notice of sale, and the Property shall be sold in the manner sold, as prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured manner prescribed by this Security Instru­ment; and (c) any excess to the person or persons legally entitled to itApplicable Law.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s 's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2025, including, but not limited to, reasonable attorneys’ ' fees and costs of title evidence. If Lender Xxxxxx invokes the STATUTORY POWER OF SALEpower of sale, Xxxxxx shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Xxxxxx's election to cause the Property to he sold. Trustee shall cause this notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail a copy copies of a the notice of sale as prescribed by Applicable Law to Borrower, Borrower and to the other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender Trustee shall publish the give public notice of sale, sale to the persons and the Property shall be sold in the manner prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys’ ' fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice Except as provided in Section 21 hereof, upon borrower’s breach for a period of three (3) months, after application of any partial payments which may have been accepted but not yet applied to Borrower prior the mortgage account, of the covenant to acceleration following Borrowerpay when due any sums secured by this Deed of Trust or, subject to Section 24, upon Xxxxxxxx’s breach of any other covenant or agreement of Borrower’s in this Security Instrument (but not Deed of Trust or the Note incorporated by reference in this Deed of Trust, Lender prior to acceleration under shall mail notice to Borrower as provided in Section 16 unless Applicable Law provides otherwise). The notice shall specify18 hereof specifying: (a1) the default; breach: (b2) the action required to cure the default; said breach: (c3) a date, date not less fewer than 30 thirty (30) days from the date the notice is given mailed to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date such breach specified in the notice may result in acceleration of the sums secured by this Security Instrument Deed of Trust and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of his or her right to a fair hearing on the existence of default, of the right to reinstate after acceleration and of the right to bring a court action action, after exhaustion of administrative remedies, to assert the non-existence nonexistence of a default or any other defense of Borrower to acceleration and sale. If the default breach is not cured on or before the date specified in the notice, Lender at its Xxxxxx’s option may require immediate payment in full declare all of all the sums secured by this Security Instrument Deed of Trust to be immediately due and payable without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidenceattorney’s fees. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy have the Property appraised as provided for in Section III of a notice of sale the Note, or shall cause Trustee to Borrower, and have the Property so appraised to other persons prescribed by Applicable Law, in the manner provided by Applicable Lawdetermine its value. Lender shall publish the also execute or cause Trustee to execute a written notice of sale, the occurrence of an event of default and of Xxxxxx’s election to cause the Property shall to be sold and shall cause such notice to be recorded in the county in which the Property or some part thereof is located. Lender or Trustee shall mail copies of such notice in the manner prescribed by Applicable Lawapplicable law to Borrower and to the other persons prescribed by applicable law. Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee Xxxxxx’s designees may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statement made herein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ feesfee and costs of title evidence; (b) to all sums secured by this Security Instru­mentDeed of Trust, as evidence by the Note. As to the indebtedness evidence by Section I of the Note, such sums secured by this Deed of Trust shall include the principal amounts stated in the Note (or the most recent recalculation of these amounts) plus Lender’s Share of Equity in the amount determined in Section II of the Note (or the most recent recalculation of this value) multiplied times the percentage set forth in Section III of the Note; and (c) any excess the excess, if any, to the person or persons legally entitled to itthereto.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to Property at public auction at a date not less than 120 days in the First Mortgage, if then in effectfuture. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and acceleration, the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale, and any other matters required to be included in the notice by Applicable Law. If the default is not cured on or before the date specified in the notice, Lender at its option option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and power of sale and/or any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy give written notice to Trustee of a the occurrence of an event of default and of Lender’s election to cause the Property to be sold. Trustee and Lender shall take such action re­garding notice of sale and shall give such notices to Borrower, Borrower and to other persons prescribed as Applicable Law may require. After the time required by Applicable Law, in the manner provided by Applicable Law. Lender shall publish Law and after publication of the notice of sale, and Trustee, without demand on Borrower, shall sell the Property shall be sold at public auction to the highest bidder at the time and place and under the terms designated in the manner prescribed notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of the Property for a period or periods permitted by Applicable LawLaw by public announcement at the time and place fixed in the notice of sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to itit or to the clerk of the superior court of the county in which the sale took place.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale granted by Xxxxxxxx and any other remedies permitted by Applicable Law. Xxxxxxxx appoints Xxxxxx the agent and attorney-in-fact for Borrower to exercise the power of sale. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender Xxxxxx invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail give a copy of a notice of sale to Borrower, by public advertisement for the time and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender, without further demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Lender determines. Lender or its designee may purchase the Property at any sale. Lender shall convey to the purchaser indefeasible title to the Property, and Borrower hereby appoints Xxxxxx Xxxxxxxx's agent and attorney-in-fact to make such conveyance. The proceeds recitals in the Lender’s deed shall be prima facie evidence of the truth of the statements made therein. Borrower covenants and agrees that Xxxxxx shall apply the pro­ceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it. The power and agency granted are coupled with an interest, are irrevocable by death or otherwise and are cumulative to the remedies for collection of debt as provided by Applicable Law. If the Property is sold pursuant to this Section 22, Borrower, or any person holding possession of the Property through Borrower, shall immediately surrender possession of the Property to the purchaser at the sale. If possession is not surrendered, Borrower or such person shall be a tenant holding over and may be dispossessed in accordance with Applicable Law.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2025, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender and if it is determined in a hearing held in accordance with Applicable Law that Trustee can proceed to sale, Trustee shall mail a copy of a take such action regarding notice of sale and shall give such notices to Borrower, Borrower and to other persons prescribed as Applicable Law may require. After the time required by Applicable Law, in the manner provided by Applicable Law. Lender shall publish Law and after publication of the notice of sale, and Trustee, without demand on Borrower, shall sell the Property shall be sold at public auction to the highest bidder at the time and place and under the terms designated in the manner prescribed by Applicable Lawnotice of sale in one or more parcels and in any order Trustee determines. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ feesTrustee’s fees of % of the gross sale price; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it. The interest rate set forth in the Note shall apply whether before or after any judgment on the indebtedness evidenced by the Note.

Acceleration; Remedies. Lender shall give written notice to Borrower Borrowers and Accommodation Parties by certified mail prior to acceleration following Borrower’s a foreclosure of the First Mortgage or Borrowers’ and Accommodation Parties’ breach of any covenant or agreement in the Note or this Security Instrument (but not prior to acceleration under Section 16 unless Applicable Law provides otherwise)Mortgage. The notice shall specify: ; (ai) the default; , (bii) the action required to cure the such default; , (ciii) a date, not less than 30 thirty (30) days from the date the notice is given to Borrowergiven, by which the such default must be cured; and , (div) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Mortgage and the sale of the Mortgaged Property, and (v) that failure to cure such breach shall result in interest accruing on the sums secured by this Mortgage from and after the date of Borrowers’ and Accommodation Parties' breach at the highest interest rate provided in the promissory note the repayment of which sale shall subject to is secured by the First Mortgage, or if the First Mortgage has been satisfied then in effectat the lesser of eighteen percent (18%) per annum or the highest lawful interest rate. The notice shall further inform Xxxxxxxx Xxxxxxxxx and Accommodation Parties of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence nonexistence of a default or any other defense of Borrower Borrowers and Accommodation Parties to acceleration and sale. If the default breach is not cured on or before the date specified in the noticenotice or the date on which the full and remaining outstanding balance of the Loan is to be paid in full as specified hereinabove, Lender then the Lender, at its sole option and discretion, may require immediate payment in full of all of sums secured by this Security Instrument Mortgage without further demand demand, and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. The Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 2018, including, but not limited to, reasonable attorneys’ fees and costs of title evidence' fees. If the Lender invokes the STATUTORY POWER OF SALEpower of sale contained herein, then the Lender shall mail cause a copy of a notice of sale to Borrowerbe served upon the person, and to other persons prescribed by Applicable Lawif any, in possession of the manner provided by Applicable LawMortgaged Property. The Lender shall publish the a notice of sale, sale and the Mortgaged Property shall be sold at public auction in the manner prescribed by Applicable Lawapplicable law. The Lender or its designee may purchase the Mortgaged Property at any sale. The proceeds of the sale shall be applied in the following order: order (ai) to all sums secured by this Mortgage; (ii) to all costs and expenses of the sale, including, but not limited to, reasonable attorneys’ ' fees; (b) to all sums secured by this Security Instru­ment; and (ciii) any excess the excess, if any, to the person or persons legally entitled thereto. Notwithstanding anything to itthe contrary contained in this Mortgage or the Note, during the time that the Federal National Mortgage Association is the owner of the First Mortgage or that the First Mortgage is included in a mortgage-backed security issued by the Federal National Mortgage Association, only the occurrence of one or more of the following events shall be the basis for acceleration under this Section; (a) a failure by the Borrowers and Accommodation Parties to make any scheduled, periodic payments due under the Note; (b) a sale or transfer of the Mortgaged Property in violation of Section 17 herein other than a sale or transfer resulting from marriage, divorce, death of spouse, or otherwise permitted by applicable federal law provided, however, such transferee may be required to assume the transferor’s obligations under this Mortgage and the Note; (c) the Borrowers’ and Accommodation Parties’ failure to occupy the Mortgaged Property as his/her/their principal residence; (d) a determination by the Lender that the Borrowers and Accommodation Parties misrepresented a required condition for obtaining the ECHO loan; (e) a cash-out refinancing or full repayment of the First Mortgage; and (f) commencement of foreclosure of the First Mortgage.

Acceleration; Remedies. Lender shall give notice to Borrower by certified mail to the address of the Property or another address designated by Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx Borrower of the right to reinstate xxxxxxxxe after acceleration and the right to bring a court action to assert the non-non- existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect xx xxxlect all expenses incurred in pursuing the remedies provided in this Section 2025, including, but not limited to, reasonable attorneys’ fees and costs of title evidencefees. If Lender invokes the STATUTORY POWER OF SALEpower xx xxxe, Lender shall mail cause a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, be served upon any person in possession of the manner provided by Applicable LawProperty. Lender shall publish the a notice of sale, and the Property shall be sold at public auction in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2025, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale is invoked, Lender Trustee shall mail a copy of record a notice of sale default in each county in which any part of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower, Borrower and to the other persons prescribed by Applicable Law, in . After the manner provided time required by Applicable Law. Lender , Trustee shall publish the give public notice of sale, sale to the persons and the Property shall be sold in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee’s deed conveying the Property. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including, but not limited to, including the payment of the Trustee’s fees actually incurred and reasonable attorneys’ feesfees as permitted by Applicable Law; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following BorrowerExcept as provided in paragraph 13 hereof, upon Xxxxxxxxx’s breach of any covenant or agreement of Mortgagor in this Security Instrument (but not Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration under Section 16 unless Applicable Law provides otherwise). The shall give notice shall specifyto Mortgagor as provided in paragraph 10 hereof specifying: (a1) the defaultbreach; (b2) the action required to cure the defaultsuch breach; (c3) a date, not less than 30 10 days from the date the notice is given mailed to BorrowerMortgagor, by which the default such breach must be cured; and (d4) that failure to cure the default such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Mortgage, foreclosure by judicial proceeding and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx Xxxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert in the non-existence foreclosure proceeding the nonexistence of a default or any other defense of Borrower Mortgagor to acceleration and saleforeclosure. If the default breach is not cured on or before the date specified in the notice, Lender Lender, at its option Xxxxxx’s option, may require immediate payment in full declare all of all the sums secured by this Security Instrument Mortgage to be immediately due and payable without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted foreclose this Mortgage by Applicable Lawjudicial proceeding. Lender shall be entitled to collect in such proceeding all expenses incurred in pursuing the remedies provided in this Section 20of foreclosure, including, but not limited to, reasonable attorneys’ fees permitted by Rules of Court, and costs of abstracts, title reports and documentary evidence. If Lender invokes Except where the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to other persons prescribed loan is funded by Applicable Lawtax-exempt bond financing or as otherwise required by law, in the manner provided by Applicable Law. Lender shall publish event of foreclosure or deed in lieu of foreclosure of Prior Security Deed or assignment of the notice first mortgage to the Secretary of saleHousing and Urban Development, and any provisions herein or any provisions in any other collateral agreement restricting the use of the property or otherwise restricting the Borrower's ability to sell the Property shall be sold in the manner prescribed by Applicable Lawhave no further force or effect. Lender Any person (including his successors or its designee may purchase assigns) receiving title to the Property at any sale. The proceeds through a foreclosure or deed in lieu of the sale foreclosure of a Prior Security Deed shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­ment; and (c) any excess receive title to the person or persons legally entitled to itProperty free and clear from such restrictions.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender or Trustee shall mail a copy copies of a notice of sale in the manner prescribed by Applicable Law to Borrower, Borrower and to the other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender Trustee shall publish the give notice of sale, sale by public advertisement for the time and the Property shall be sold in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property to any later time on the same date by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender Xxxxxx invokes the STATUTORY POWER OF SALEpower of sale, Xxxxxx shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Xxxxxx’s election to cause the Property to be sold. Trustee shall cause this notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail a copy copies of a the notice of sale as prescribed by Applicable Law to Borrower, Borrower and to the other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender Trustee shall publish the give public notice of sale, sale to the persons and the Property shall be sold in the manner prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Except as provided in paragraph 16 hereof, upon Borrower’s 's breach of any covenant or agreement of Borrower in this Security Instrument (but not Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration under Section 16 unless Applicable Law provides otherwise). The shall give notice shall specifyto Borrower as provided in paragraph 12 hereof specifying: (a1) the defaultbreach; (b2) the action required to cure the defaultsuch breach; (c3) a date, not less than 30 10 days from the date the notice is given mailed to Borrower, by which the default such breach must be cured; and (d4) that failure to cure the default such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Deed of Trust and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence nonexistence of a default or any other defense of Borrower to acceleration and sale. If the default breach is not cured on or before the date specified in the notice, Lender Lender, at its option Lender's option, may require immediate payment in full declare all of all the sums secured by this Security Instrument Deed of Trust to be immediately due and payable without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 20paragraph 17, including, but not limited to, reasonable attorneys’ fees and costs of title evidence' fees. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail execute or cause Trustee to execute a copy of a written notice of sale the occurrence of an event of default and of Lender's election to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale, and cause the Property shall to be sold and shall cause such notice to be recorded in each county in which the Property or some part thereof is located. Trustee shall mail copies of such notice in the manner prescribed by Applicable Lawapplicable law. Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its Lender's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant o r warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys’ fees' fees and costs of title evidence; (b) to all sums secured by this Security Instru­mentDeed of Trust; and (c) any excess the excess, if any, to the person or persons legally entitled to itthereto.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence non‑existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender Xxxxxx invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail give a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, Borrower in the manner provided by Applicable Lawin Section 15. Lender shall publish the notice of salesale once a week for three consecutive weeks in a newspaper published in ____________ County, Alabama, and thereupon shall sell the Property to the highest bidder at public auction at the front door of the County Courthouse of this County. Lender shall be sold in deliver to the manner prescribed by Applicable Lawpurchaser Xxxxxx’s deed conveying the Property. Lender or its designee may purchase the Property at any sale. The Borrower covenants and agrees that the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s 's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property, which sale shall subject to the First Mortgage, if then in effect. The notice shall further inform Xxxxxxxx of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2022, including, but not limited to, reasonable attorneys’ ' fees and costs of title evidence. If Lender Xxxxxx invokes the STATUTORY POWER OF SALEpower of sale, Xxxxxx shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee shall cause this notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail a copy copies of a the notice of sale as prescribed by Applicable Law to Borrower, Borrower and to the other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender Trustee shall publish the give public notice of sale, sale to the persons and the Property shall be sold in the manner prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys’ ' fees; (b) to all sums secured by this Security Instru­mentInstrument; and (c) any excess to the person or persons legally entitled to it.