Common use of Acceleration; Remedies Clause in Contracts

Acceleration; Remedies. Upon Borrower’s breach of any covenant(s) or term(s) in this Mortgage, the Note, ▇▇▇▇ 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 shall mail notice to Borrower as provided in Paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding, the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender’s option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding, all expenses of foreclosure, including, but not limited to, reasonable attorney’s fees, and costs of documentary evidence, abstracts and title reports.

Acceleration; Remedies. Upon Except as provided in Paragraph 17 hereof, upon Borrower’s breach of any covenant(s) covenant or term(sagreement of Borrower(s) in this Mortgage, the Note, ▇▇▇▇ 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 shall mail notice to Borrower Borrower(s) as provided in Paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 fifteen (15) days from the date the notice is mailed to BorrowerBorrower(s), by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding proceedings or other proceedings consistent with the law, and sale of the Property. The notice shall further inform If Borrower of the right fails to reinstate after acceleration and the right to assert in the foreclosure proceeding, the non-existence of a default or cure any other defense of Borrower to acceleration and foreclosure. If the such breach is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, subject to any right of reinstatement to which Borrower(s) is entitled under applicable law, may declare without further demand all of the sums secured by this Mortgage to be immediately due and payable without further demand 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 foreclose this Mortgage result in the loss of the Property. If Lender initiates a trustee foreclosure procedure, Borrower shall have the option to object and Lender may proceed only by filing a judicial proceedingforeclosure action. Lender shall be entitled to collect in such proceeding, proceedings all expenses of foreclosure, including, but not limited to, reasonable attorney’s attorneys’ fees, court costs, and costs of documentary evidence, abstracts and title reports.

Acceleration; Remedies. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may will result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform 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 foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Security Instrument without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingApplicable Law. Lender shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorney’s fees, attorneys’ fees and costs of documentary title evidence. For the purposes of this Section 22, abstracts the term “Lender” includes any holder of the Note who is entitled to receive payments under the Note. If Lender invokes the power of sale, Lender, its designee, or Trustee shall give notice of the date, time, place and terms of sale by posting and filing the notice as provided by Applicable Law. Lender or its designee shall mail a copy of the notice 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 reportsto 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 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 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 ▇▇▇▇▇▇▇▇ 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. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 15 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform 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 foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Security Instrument without further demand and may foreclose this Mortgage invoke the STATUTORY POWER OF SALE and any other remedies permitted by judicial proceedingApplicable Law. Lender shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 25, including, but not limited to, reasonable attorney’s fees, attorneys’ fees and costs of documentary title evidence. If Lender invokes the STATUTORY POWER OF SALE, abstracts Lender shall mail copies of a notice of sale 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 ▇▇▇▇▇▇’s deed conveying indefeasible title reportsto the Property, discharged of all rights of redemption by ▇▇▇▇▇▇▇▇. 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. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 15 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform Borrower ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding, proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Security Instrument without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingApplicable Law. Lender shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 25, including, but not limited to, reasonable attorney’s fees, attorneys’ fees and costs of documentary title evidence. If Lender or Borrower invokes the power of sale, abstracts and title reportsthe 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 at the Property Address or at any other address Borrower delivers to Lender in writing for that purpose. Lender shall publish the notice of sale for the time and in the manner required by Applicable Law 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 notice 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 Instrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 15 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform 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 foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Security Instrument without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingApplicable Law. Lender shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 25, including, but not limited to, reasonable attorney’s fees, attorneys’ fees and costs of documentary title evidence. If ▇▇▇▇▇▇ invokes the power of sale, abstracts ▇▇▇▇▇▇ shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and title reportsof ▇▇▇▇▇▇’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 copies of 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 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 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 Instrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform 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 foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Security Instrument without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingApplicable Law. Lender shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorney’s fees, attorneys’ fees and costs of documentary title evidence. If ▇▇▇▇▇▇ invokes the power of sale, abstracts ▇▇▇▇▇▇ shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and title reportsof ▇▇▇▇▇▇’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 copies of 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 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 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 Instrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform 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 foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Security Instrument without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingApplicable Law. Lender shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorney’s fees, attorneys’ fees and costs of documentary title evidence. If ▇▇▇▇▇▇ invokes the power of sale, abstracts ▇▇▇▇▇▇ shall execute or cause Trustee to execute written notice of the occurrence of an event of default and title reportsof 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 copies of the notice as prescribed by Applicable Law to Borrower and to 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 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 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 Instrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform 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 foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Security Instrument without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingApplicable Law. Lender shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorney’s fees, attorneys’ fees and costs of documentary title evidence. If ▇▇▇▇▇▇ invokes the power of sale, abstracts Lender shall give notice of sale to Borrower in the manner provided in Section 15. Lender shall publish and title reportspost 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. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 15 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform 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 foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Security Instrument without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingApplicable Law. Lender shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 25, including, but not limited to, reasonable attorney’s fees, attorneys’ fees and costs of documentary title evidence. If ▇▇▇▇▇▇ invokes the power of sale, abstracts ▇▇▇▇▇▇ shall execute or cause Trustee to execute written notice of the occurrence of an event of default and title reportsof 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 copies of the notice as prescribed by Applicable Law to Borrower and to 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 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 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 Instrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 15 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform 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 foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Security Instrument without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingApplicable Law. Lender shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 25, including, but not limited to, reasonable attorney’s fees, attorneys’ fees and costs of documentary title evidence. If ▇▇▇▇▇▇ invokes the power of sale, abstracts Lender shall give a copy of a notice to Borrower in the manner provided in Section 12. Lender shall publish the notice of sale once a week for three consecutive weeks in a newspaper published in «89» County, Alabama, and title reportsthereupon shall sell the Property to the highest bidder at public auction at the front door of the County Courthouse of this County. Lender shall deliver to the purchaser ▇▇▇▇▇▇’s deed conveying the Property. Lender or its designee may purchase the Property at any sale. 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 Instrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 17 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may will result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform 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 foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Security Instrument without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingApplicable Law. Insofar as allowed by Section 50(a)(6), Article XVI of the Texas Constitution, Lender shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 21, including, but not limited to, court costs, reasonable attorney’s fees, attorneys’ fees and costs of documentary title evidence. The lien evidenced by this Security Instrument may be foreclosed upon only by a court order. Lender may, abstracts at its option, follow any rules of civil procedure promulgated by the Texas Supreme Court for expedited foreclosure proceedings related to the 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 title reportsBorrower understands that such power of sale is not a confession of judgment or a power of attorney to confess judgment or to appear for Borrower in a judicial proceeding.

Acceleration; Remedies. Upon BorrowerAny one or more of the following shall constitute a “Default” under the Instrument and this Agreement: (a) failure of Borrower to make any payment due under the Note or under paragraph 1 of this Agreement within ten (10) calendar days after Lender’s breach written demand for such amount; (b) failure of Borrower (except as set forth under clause (a) above) to pay any covenant(samount, costs, expenses or fees (including attorneys’ fees) or term(s) in this Mortgageof Lender, as required by any provision of the Note, ▇▇▇▇ or Agency this Agreement, including the covenants Instrument or any Loan Document within ten (10) days after Lender’s written demand for such amount; (c) failure of Borrower (except as set forth under clauses (a), (b), (d), (e), (f), (g), (h), (i), (j) and (k) of this paragraph 21) to pay when due comply with or perform, or any sums that are secured breach or violation by this Mortgage Borrower of, any warranty, representation, covenant, agreement, prohibition, restriction or debts senior condition contained herein (except for those contained in paragraphs 15 and 16 hereof and paragraph 17 of the Instrument), in the Note, the Instrument or any Loan Document, or in the Franchise Agreement, which failure or breach or violation continues uncured to this Mortgage, Lender’s reasonable satisfaction for thirty (30) calendar days after the earlier of (i) the delivery by Lender prior to acceleration shall mail of written notice to Borrower as provided in Paragraph 14 hereof specifying: describing such failure or breach or violation, or (1ii) the breach; provided, however, that if such failure or breach or violation shall be not be curable within said thirty (230) the action required calendar day period and Borrower is diligently attempting to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such failure or breach must be cured; however, if such breach can be cured, but not or violation within such thirty (30) calendar day period, the Borrower then such failure or breach or violation 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 constitute a Default unless it shall continue uncured to completion, and cures the breach within one hundred eighty (180) days from the date of Lender’s reasonable satisfaction far ninety (90) calendar days after the delivery by Lender of such notice the to Borrower or by Borrower of such notice to Lender, or if Borrower is diligently attempting to effect such cure, such longer period of time as may be necessary in Lender’s reasonable judgment to effect such cure; (d) except as provided in and permitted under the breach; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceedingNote, the non-existence of a default Instrument or any other defense of Borrower Loan Document, any sale, assignment, transfer, conveyance, mortgaging, encumbering or other change in, or collateral assignment of, the legal title to acceleration and foreclosure. If the breach is not cured on or before the date specified beneficial interest in the noticeProperty or Borrower, or any part thereof, or any interest therein, including, without limitation, the granting of any subordinate lien, whether voluntarily or involuntarily by operation, of law and whether or not of record or for consideration; (e) the occurrence of any event deemed to be a Default under either paragraph 15 or 16 hereof; (f) any default shall occur under any Related Note, the Instrument or any Loan Document which remains uncured after the expiration of any applicable notice and/or cure period; (g) the occurrence of any event deemed to be a default under any commitment and/or loan trade by any lending institution (including, without limitation, Lender) to Borrower with the amount in controversy in excess of $25,000.00 which remains uncured after the expiration of any applicable notice and/or cure period and/or the payment of the indebtedness outstanding pursuant thereto has been accelerated shall, at the option of Lender, be and constitute a default under all commitments and/or loans made to Borrower by Lender (including without limitation, the Note, this Agreement, the Instrument or any other Instruments and the Loan Documents); (h) a material misrepresentation or material error or withholding of material information by Borrower incident to the Loan or the Loan Documents; (i) the ownership by Borrower or any Guarantor, or any of their Affiliates, of an interest in, or the operation by the Borrower or any Guarantor or any of their Affiliates of any WENDY’S restaurant within a three (3) mile radius of the Property (excluding the WENDY’S restaurant located or to be located on the Property); (j) the termination of the Franchise Agreement; and (k) the occurrence of any event deemed to be a default under the Lease, which remains uncured after any applicable notice or cure period provided for therein. In the event the Trustee or the Beneficiary elects to institute foreclosure proceedings upon the occurrence of a Default, the Borrower assents to the passage of a decree for the sale of the Property and further authorizes the Trustee to sell the Property. Any sale of the Property, whether by way of the assent to decree or power of sale, shall be made in accordance with the provisions of Section 7-105, Real Property Article, Annotated Code of Maryland, as amended and of Chapter 200 of Title 14 (Sales of Property) of the Maryland Rules, as amended, or other applicable general or local laws of the State of Maryland or judicial rules of procedure relating to the foreclosure of deeds of trust. The terms of the sale may be cash upon settlement of the sale or upon such other and additional terms as the Trustee deem necessary, proper or convenient, except as specifically limited by applicable law or court rule. Such sale may be of the entire Property as a unit or of such parts or parcels of the entire Property as the Trustee and the Lender, in their sole and absolute discretion, deem necessary, proper, or convenient. Upon Borrower’s Default, in addition to Lender’s right to appoint a receiver or enter upon and take and maintain control of the Property as set forth in paragraph 23 of the Instrument and paragraph 20 of this Agreement; Lender at Lender’s option, option may declare all of the sums secured by this Mortgage the Instrument to be immediately due and payable without further demand and may foreclose this Mortgage the interest secured by the Instrument by judicial proceedingor non judicial proceeding and may invoke any other remedies permitted by applicable law or provided herein. Borrower acknowledges that the power of sale herein granted may be exercised by Lender without prior judicial hearing. Borrower has the right to bring an action to assert the non-existence of a Default or any other defense of Borrower to acceleration and sale. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing such proceeding, all expenses of foreclosureremedies, including, but not limited to, reasonable attorney’s fees, attorneys’ fees and costs of documentary evidence, abstracts and title reports. Nothing contained herein shall be deemed to require Lender to provide Borrower with notice in the event a bankruptcy proceeding (whether voluntary or involuntary) has been instituted by or against Borrower or any Guarantor of Borrower’s indebtedness under any of the other Instruments or Loan Documents. If the Property is sold pursuant to this paragraph 21, Borrower, or any person holding possession of the Property through Borrower, shall immediately surrender possession of the Property to the purchaser at such sale upon the purchaser’s written demand. If possession is not surrendered upon the purchaser’s written demand, Borrower or such person shall be a tenant at sufferance and may be removed by writ of possession or by an action for forcible entry and detainer. If Lender invokes the power of sale, Lender or Trustee shall give Borrower a copy of a notice of-sale in the manner prescribed by applicable law and shall sell the Property in accordance with the laws of Maryland. 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 the sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale or by advertising in accordance with applicable law. Lender or Lender’s designee may purchase the Property at any sale. Trustee shall deliver to Purchaser a Trustee’s deed conveying the Property so sold, without any covenant or warranty, express or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. If Trustee is requested to cancel the Instrument, all notes evidencing indebtedness secured by the Instrument shall be surrendered to Trustee. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of the sale, including, but not limited to, Trustee’s fees of 5% of the gross sale price and costs of title evidence; (b) to the discharge of all taxes, levies and assessments on the Property; if any, as provided by applicable law; (c) to all sums secured by the Instrument in such order as Lender, in Lender’s sole discretion, directs; and (d) the excess, if any, to the person or persons legally entitled thereto, including, if any, holders of liens inferior to the Instrument in order of their priority, provided that Trustee has actual notice of such lien. Trustee shall not be required to take possession of the Property prior to the sale thereof or to deliver possession of such Property to the purchaser thereof. In the event of a Default under this Agreement, any other Instruments or any other Loan Document or upon a default by the manager of the Property under its management agreement, Lender or any receiver for the Property shall be entitled to terminate the management agreement between Borrower and any manager of the Property. Notwithstanding any provision to the contrary herein, in the event that (i) Borrower’s interest in the Property is a leasehold interest, (ii) the real estate portion of the Property is not separately assessed for real estate taxation or assessment purposes, (iii) Borrower is current in its payments, if any, to lessor/owner in connection therewith, and (iv) the lessor/owner of such Property is responsible for the payment of taxes and assessments therefor, then such nonpayment of taxes and assessments by the lessor/owner shall not be a Default under this Agreement and Borrower shall not be required to make payments as set forth in paragraph 3 hereof as a result of said non-payment.

Acceleration; Remedies. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform 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 foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Security Instrument without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingApplicable Law. Lender ▇▇▇▇▇▇ shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorney’s fees, Reasonable Attorneys’ Fees (as defined in Section 25) and costs of documentary title evidence. If Lender invokes the power of sale, abstracts Lender shall give notice of sale in the manner prescribed by Applicable Law to Borrower and title reportsto the 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 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 (as defined in Section 25); (b) to all sums secured by this Security Instrument; and (c) any excess to the clerk of the circuit court of the county in which the sale is held.

Acceleration; Remedies. (a) Upon Borrower’s Owner's breach of any covenant(s) covenant or term(s) agreement of Owner in the Resale Restriction Agreement or this MortgageDeed of Trust, the Noteincluding, ▇▇▇▇ or Agency Agreementbut not limited to, including the covenants to pay pay, when due due, any sums that are secured by this Mortgage or debts senior to this MortgageDeed of Trust, Lender the City, prior to acceleration shall acceleration, will mail by express delivery, return receipt requested, notice to Borrower as provided in Paragraph 14 hereof Owner specifying: : (1) the breach; ; (2) the action required to cure such breach; ; (3) a date, not less than 30 thirty (30) days from the date the notice is mailed to Borrowerreceived by Owner as shown on the return receipt, by which such breach must is to 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 and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Deed of Trust and sale of Property. the Security. (b) The notice shall further will also inform Borrower Owner of the Owner's right to reinstate after acceleration and the right to bring a court action to assert in the foreclosure proceeding, the non-existence nonexistence of a default or any other defense of Borrower Owner to acceleration and foreclosuresale. If the breach is not cured on or before the date specified in the notice, Lenderthe City, at Lender’s the City's option, may may: (1) declare all of the sums secured by this Mortgage 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 California law; (2) 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 City 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; (3) commence an action to foreclose this Mortgage Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (4) 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; and/or (5) exercise all other rights and remedies provided herein, in the instruments by judicial proceedingwhich 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. Lender The City shall be entitled to collect all reasonable costs and expenses incurred in such proceeding, all expenses of foreclosurepursuing the remedies provided in this paragraph, including, but not limited to, reasonable attorney’s 's fees, and costs of documentary evidence, abstracts and title reports.

Acceleration; Remedies. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 15 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform Borrower ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding, proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Security Instrument without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingApplicable Law. Lender shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 25, including, but not limited to, reasonable attorney’s fees, attorneys’ fees and costs of documentary title evidence. If Lender invokes the power of sale, abstracts and title reportsif it is determined in a hearing held in accordance with Applicable Law that Trustee can proceed to sale, Trustee shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as Applicable Law may require. After the time required by Applicable Law and after publication of the notice of sale, 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. Lender or its designee may purchase the Property at any sale.

Acceleration; Remedies. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform 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 foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Security Instrument without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingApplicable Law. Lender shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorney’s fees, attorneys’ fees and costs of documentary title evidence. If Lender invokes the power of sale, abstracts Lender or Trustee shall give to Borrower, the owner of the Property, and title reportsall other persons, notice of sale as required by Applicable Law. Trustee shall 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 in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by advertising in 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 in the following order: (a) to discharge the expenses of executing the trust, including a reasonable commission to Trustee; (b) to discharge all 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 Instrument, and any liens of record inferior to this Security Instrument under which sale is made, with lawful interest; and, (d) 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 sale thereof or to deliver possession of the Property to the purchaser at the sale.

Acceleration; Remedies. Upon Borrower’s Lender shall give written notice to Borrowers and Accommodation Parties by certified mail prior to acceleration following Borrowers’ or Accommodation Parties’ breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 and such notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifying: specify; (1i) the breach; default, (2ii) the action required to cure such breach; default, (3iii) a date, not less than 30 thirty (30) days from the date the notice is mailed to Borrowergiven, by which such breach default 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 (4iv) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding 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 the breach at an interest rate equal to the lesser of eighteen percent (18%) per annum or the highest interest rate allowed by law. The notice shall further inform Borrower Borrowers and Accommodation Parties of the right to reinstate after acceleration and the right to bring a court action to assert in the foreclosure proceeding, the non-existence nonexistence of a default or any other defense of Borrower Borrowers or Accommodation Parties to acceleration and foreclosuresale. If the 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, then the Lender, at Lender’s optionits sole option and discretion, may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable without further demand demand, and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingapplicable law. The Lender shall be entitled to collect all reasonable costs and expenses incurred in such proceeding, all expenses of foreclosurepursuing the remedies provided in this Section 18, including, but not limited to, reasonable attorney’s attorneys' fees. If the Lender invokes the power of sale contained herein, then the Lender shall cause a copy of a notice of sale to be served upon the person, if any, in possession of the Mortgaged Property. The Lender shall publish a notice of sale and the Mortgaged Property shall be sold at public auction in the manner prescribed by applicable 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 (i) to all sums secured by this Mortgage; (ii) to all costs and expenses of documentary evidencethe sale, abstracts including, but not limited to, reasonable attorneys' fees; and title reports(iii) the excess, if any, to the person or persons legally entitled thereto.

Acceleration; Remedies. Upon Except as provided in Paragraph 17 hereof, upon Borrower’s breach of any covenant(s) covenant or term(sagreement of Borrower(s) in this Mortgage, the Note, ▇▇▇▇ 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 shall mail notice to Borrower Borrower(s) as provided in Paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 fifteen (15) days from the date the notice is mailed to BorrowerBorrower(s), by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding proceedings or other proceedings consistent with the law, and sale of Property. The notice shall further inform If Borrower of the right fails to reinstate after acceleration and the right to assert in the foreclosure proceeding, the non-existence of a default or cure any other defense of Borrower to acceleration and foreclosure. If the such breach is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, subject to any right of reinstatement to which Borrower(s) is entitled under applicable law, may declare declare, without further demand, all of the sums secured by this Mortgage to be immediately due and payable without further demand 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 foreclose this Mortgage result in the loss of the Property. If Lender initiates a trustee foreclosure procedure, Borrower shall have the option to object and Lender may proceed only by filing a judicial proceedingforeclosure action. Lender shall be entitled to collect in such proceeding, proceedings all expenses of foreclosure, including, but not limited to, reasonable attorney’s attorneys’ fees, court costs, and costs of documentary evidence, abstracts and title reports.

Acceleration; Remedies. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform 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 foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Security Instrument without further demand and those remedies permitted by Applicable Law may foreclose this Mortgage by judicial proceedingbe invoked. Lender shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorney’s fees, attorneys’ fees and costs of documentary 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 ▇▇▇▇▇▇ 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, abstracts 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 title reportsof 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 or Trustee shall mail copies of the notice to the persons and 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 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 Instrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property; and (e) such additional information as required by Applicable Law. The notice shall further inform 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 foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Security Instrument without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingApplicable Law. Lender shall be entitled to collect all expenses incurred in such proceedingpursuing the remedies provided in this Section 22 as permitted by Applicable Law. If Lender invokes the power of sale, Lender or Trustee shall give Borrower, in the manner provided in Section 15, notice of ▇▇▇▇▇▇’s election to sell the Property. Trustee shall give notice of sale by public advertisement for the time and in the manner prescribed by Applicable Law. Borrower hereby waives personal service of notice of any sale made hereunder, upon ▇▇▇▇▇▇▇▇, 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 in the following order: (a) to all expenses of foreclosurethe sale, including, but not limited to, reasonable attorneyTrustee’s feesfees as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; 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 documentary evidence, abstracts the obligations secured hereby and title reportsshall be collectible as such.

Acceleration; Remedies. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s 's breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform 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 foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Security Instrument without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingApplicable Law. Lender shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorney’s fees, attorneys' fees and costs of documentary title evidence. If ▇▇▇▇▇▇ invokes the power of sale, abstracts ▇▇▇▇▇▇ shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and title reportsof 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 copies of 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 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 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 Instrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform 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 foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Security Instrument without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingApplicable Law. Lender shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorney’s fees, attorneys’ fees and costs of documentary title evidence. If ▇▇▇▇▇▇ invokes the power of sale, abstracts ▇▇▇▇▇▇ shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and title reportsof ▇▇▇▇▇▇’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 copies of 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 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 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 Instru­ment; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Upon Except as provided in paragraph 16 hereof, upon Borrower’s 's breach of any covenant(s) covenant or term(s) agreement of Borrower in this Mortgage, the Note, ▇▇▇▇ or Agency AgreementDeed of Trust, including the covenants to pay when due any sums that are secured by this Mortgage or debts senior to this MortgageDeed of Trust, Lender prior to acceleration shall mail give notice to Borrower as provided in Paragraph 14 paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 10 days from the date the notice is mailed to Borrower, by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Deed of Trust and sale of the Property. The notice shall further inform 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 nonexistence of a default or any other defense of Borrower to acceleration and foreclosuresale. If the breach is not cured on or before the date specified in the notice, Lender, at Lender’s 's option, may declare all of the sums secured by this Mortgage Deed of Trust to be immediately due and payable without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingapplicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in such proceeding, all expenses of foreclosurepursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorney’s attorneys' fees. 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 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 and costs of documentary title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, abstracts and title reportsif any, to the person or persons legally entitled thereto.

Acceleration; Remedies. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform 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 foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s its option, and without further demand, may declare all invoke the power of sale, including the right to accelerate full payment of the sums secured Note, and any other remedies permitted by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceedingApplicable Law. Lender shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorney’s fees, attorneys’ fees and costs of documentary title evidence. If ▇▇▇▇▇▇ invokes the power of sale, abstracts ▇▇▇▇▇▇ shall execute or cause Trustee to execute written notice of the oc­currence of an event of default and title reportsof 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 copies of the notice as prescribed by Applicable Law to Borrower and to the 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 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 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 Instrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Upon BorrowerExcept as provided in Paragraph 17 hereof, upon the Mortgagor’s breach of any covenant(s) covenant or term(s) agreement of the Mortgagor in this Mortgage, the Note, ▇▇▇▇ or Agency Agreement, including the covenants to pay when due any sums secured by the Mortgage, or in the event that are the Mortgagor shall have made a material misrepresentation or material omission in Mortgagor’s application for the loan evidenced by the Note, Mortgagee, may declare all of the sums secured by this Mortgage or debts senior to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Prior to the acceleration of this Mortgage, Lender prior to acceleration Mortgagee shall mail give notice to Borrower Mortgagor as provided in Paragraph 14 11 hereof specifying: specifying (1) the breachbreach (if the breach is curable); (2) the action required to cure such breach; (3) a date, not less than 30 ten (10) days from the date the notice is mailed to BorrowerMortgagor, by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding proceeding, and sale of the Property. The notice shall further inform Borrower Mortgagor of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding, proceeding the non-existence nonexistence of a default or any other defense of Borrower to Mortgagor acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender’s option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender Mortgagee shall be entitled to collect in such proceeding, proceeding all expenses of foreclosure, including, but not limited to, reasonable attorney’s fees, court costs, and costs of documentary evidence, abstracts and title reports.

Acceleration; Remedies. Upon Except as provided in paragraph 13, upon Borrower’s 's breach of any covenant(s) covenant or term(s) agreement of Borrower in this Mortgage, the Note, ▇▇▇▇ or Agency AgreementDeed of Trust, including the covenants to pay when due any sums that are secured by this Mortgage or debts senior to this MortgageDeed of Trust, Lender prior to acceleration shall mail notice to Borrower as provided in Paragraph 14 hereof paragraph 10 specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 ten days from the date the notice is mailed to Borrower, by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to reinstate after the acceleration and the right to bring a court action to assert in the foreclosure proceeding, the non-existence nonexistence of a default or any other defense of Borrower to acceleration and foreclosuresale. If the breach is not cured on or before the date specified in the notice, Lender, at Lender’s 's option, may declare all of the sums secured by this Mortgage Deed of Trust to be immediately due and payable without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingapplicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in such proceeding, all expenses of foreclosurepursuing the remedies provided in this paragraph 14, including, but not limited to, reasonable attorney’s 's fees. If Lender invokes the power of sale, Lender 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 and shall cause such notice to be recorded in each 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 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 Lender's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser a 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 trust of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs of documentary title evidence; (b) to pay Senior Mortgages and Deeds of Trust; (c) to all sums secured by this Deed of Trust; and (d) the excess, abstracts and title reportsif any, to the person or persons legally entitled thereto.

Acceleration; Remedies. Upon Borrower’s Except as provided in Paragraph 10 hereof, upon Grantor's breach of any covenant(s) covenant or term(s) agreement of Grantor in this MortgageDeed of Trust, the Note, ▇▇▇▇ Note or Agency Agreementin the Loan Agreement hereinbefore referred to, including the covenants to pay when due any sums that are secured by this Mortgage or debts senior to this MortgageDeed of Trust, Lender Beneficiary, prior to acceleration acceleration, shall mail give notice to Borrower as provided in Paragraph 14 hereof the Senior Lien Holder and to the Grantor specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 thirty (30) days from the date the notice is mailed to BorrowerGrantor, and with respect to the Senior Lien Holder 60 days from the date notice is mailed to the Senior Lien Holder, by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Deed of Trust and sale of Propertythe subject property. The notice shall further inform Borrower Grantor of (i) the right to reinstate after acceleration and acceleration, (ii) the right to assert in the foreclosure proceeding, proceeding the non-existence of a default or any other defense of Borrower Grantor(s) to acceleration and foreclosureforeclosure and (iii) any other matters required to be included in such notice by applicable law. If the breach is not cured on or before the date specified in the notice, LenderBeneficiary, at Lender’s its option, may declare all of the sums secured by this Mortgage Deed of Trust to be immediately due and payable without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingapplicable law. Lender Beneficiary shall be entitled to collect all reasonable costs and expenses incurred in such proceedingpursuing the remedies provided in this Paragraph 11. The proceeds of the sale shall, after the Trustee retains his commission, be applied to the costs of sale, the amount due on the Note(s) hereby secured, and otherwise as required by the then existing law relating to foreclosure. The Trustee's commission shall be five per cent of the gross proceeds of the sale or the minimum sum of $500.00, whichever is greater, for a completed foreclosure. In the event foreclosure is commenced, but not completed, the Grantor(s) shall pay all expenses incurred by Trustee and a partial commission computed on five per cent of the outstanding indebtedness or the above-stated minimum sum, whichever is greater, in accordance with the following schedule, to wit: one-fourth thereof before the Trustee issues a notice of hearing on the right to foreclose; one-half thereof after issuance of said notice; three-fourths thereof after such hearing; and the greater of the full commission or minimum after the initial sale. Notwithstanding Beneficiary's right to invoke any remedies hereunder, the Beneficiary agrees that it will not commence foreclosure proceedings or accept a deed in lieu of foreclosure, or exercise and other right or remedies hereunder until it has given the Senior Lien Holder at least sixty (60) days prior written notice. Beneficiary shall be entitled to collect all expenses incurred in pursing the remedies provided in this Paragraph 11 including, but not limited to, reasonable attorney’s fees, attorneys' fees and costs of documentary title evidence. If Beneficiary invokes the power of sale, abstracts and if it is determined in a hearing held in accordance with applicable law that Trustee can proceed to sale, Trustee shall take such action regarding notice of sale and shall give such notices to Grantor(s), the Senior Lien Holder and to other persons as applicable law may require. After the lapse of such time as may be required by applicable law and after the publication of the notice of sale, Trustee, without demand on Grantor(s), shall sell the within described 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. Beneficiary or Beneficiary's designee may purchase the property at any sale. Trustee shall deliver to the purchaser a 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 in the following order: (a) to all costs and expenses of the sale, including but not limited to Trustee's fees and costs of title reportsevidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto.

Acceleration; Remedies. Upon Borrower’s breach of any covenant(s) or term(s) in this Mortgage, the Note, ▇▇▇▇ ▇▇▇▇▇'s breach any covenant or Agency Agreementagreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums that are secured by this Mortgage or debts senior to this MortgageSecurity Instrument, Lender prior to acceleration acceleration, shall mail give notice to Borrower and ▇▇▇▇▇▇▇▇’s administrative limited partner as provided in Paragraph 14 Section 502 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than thirty (30) days from the date of notice is mailed to Borrower provided that if such breach cannot be reasonably cured within such 30 days, Borrower and Borrower’s administrative limited partner shall have such additional time as may be reasonably necessary if Borrower (and/or its administrative limited partner) commences to cure such breach within such 30 day period and thereafter diligently prosecutes such care to completion (and with respect to the Senior Lien Holder(s), sixty (60) days from the date the notice is mailed given to Borrowerthe Senior Lien Holder(s), by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform 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 nonexistence of a default or any other defense of Borrower to acceleration and foreclosuresale. If the breach is not cured on or before the date specified in the notice, and the Senior Lien Holder(s) has not exercised its right to cure the breach, then Lender, at Lender’s option, may declare all of the sums secured by this Mortgage Security Instrument to be immediately due and payable without further demand and may foreclose invoke the power of sale and acceleration of the sums secured by this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding, all expenses Security Instrument and sale of foreclosure, including, but not limited to, reasonable attorney’s fees, and costs of documentary evidence, abstracts and title reportsthe Property.

Acceleration; Remedies. Upon Borrower’s breach (a) If a Monetary Event of any covenant(s) or term(s) in this Mortgage, the Note, ▇▇▇▇ 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 shall mail notice to Borrower as provided in Paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice Default occurs and is mailed to Borrower, by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding, the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the noticecontinuing, Lender, at Lender▇▇▇▇▇▇’s option, may declare all of the sums secured by this Mortgage Indebtedness to be immediately due and payable without further demand demand, and may foreclose invoke the power of sale and any other remedies permitted by applicable law or provided in this Mortgage Security Instrument or in the Note. Following a Covenant Event of Default, Lender, at ▇▇▇▇▇▇’s option, but so long as the Loan is insured or held by HUD, only after receipt of the prior written approval of HUD, may declare the Indebtedness 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 in this Security Instrument or in the Note, or seek the appointment of a receiver for the Healthcare Facility. Borrower acknowledges that the power of sale granted in this Security Instrument may be exercised by Lender without prior judicial proceedinghearing. Lender shall be entitled to collect all costs and expenses incurred in pursuing such proceedingremedies, all expenses of foreclosure, including, including reasonable attorneys’ fees (including but not limited toto appellate litigation), reasonable attorney’s fees, and costs of documentary evidence, abstracts and title reports. (b) In addition to the provisions of paragraph (a), the following rights and remedies are applicable to Lender at any time HUD is not the holder of the Note and the Security Instrument. THE PARTIES AGREE THAT THE PROVISIONS OF THE ONE HUNDRED EIGHTY DAY REDEMPTION MORTGAGE ACT GOVERN THIS INSTRUMENT. THE MORTGAGED PROPERTY IS LESS THAN FORTY ACRES IN AREA. If a Monetary Event of Default occurs and is continuing, Lender, at ▇▇▇▇▇▇’s option may declare the Indebtedness to be immediately due and payable without further demand, and may invoke the statutory power of sale in accordance with South Dakota Codified Laws Chapter 21‑48 and the rules of practice related thereto or, foreclosure of this Security Instrument by action or advertisement as provided by Chapters 21-47 and 21-49, and the rules of practice related thereto, or any other remedies permitted by applicable law or provided in this Security Instrument or in the Note. Following a Covenant Event of Default, Lender, at ▇▇▇▇▇▇’s option, but so long as the Loan is insured by HUD, only after receipt of the prior written approval of HUD, may, after notice to Borrower as provided by applicable law declare the Indebtedness to be immediately due and payable without further demand, and may invoke the power of sale, or foreclosure of this Security Instrument by action or advertisement, and/or any other remedies permitted by applicable law or provided in this Security Instrument or in the Note. This Section 43 shall be deemed to authorize and constitute a power of sale pursuant to Chapter. 21-48 and 21-49 and as otherwise mentioned in the South Dakota Codified Laws, rules, or any amendments thereof. Borrower acknowledges that the power of sale granted in this Security Instrument may be exercised by Lender without prior judicial hearing. Lender shall be entitled to collect all costs and expenses incurred in pursuing such remedies, including reasonable attorney’s fees (including but not limited to appellate litigation), costs of documentary evidence, abstracts and title reports. Lender or ▇▇▇▇▇▇'s designee may purchase the Mortgaged 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 attorneys' fees; (b) to the Indebtedness in such order as Lender, in ▇▇▇▇▇▇'s discretion, directs; and (c) the excess, if any, to the clerk of the circuit court.

Acceleration; Remedies. Upon Borrower’s breach (a) If a Monetary Event of any covenant(s) or term(s) in this Mortgage, the Note, ▇▇▇▇ 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 shall mail notice to Borrower as provided in Paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice Default occurs and is mailed to Borrower, by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding, the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the noticecontinuing, Lender, at Lender▇▇▇▇▇▇’s option, may declare all of the sums secured by this Mortgage Indebtedness to be immediately due and payable without further demand demand, and may foreclose invoke the power of sale and any other remedies permitted by applicable law or provided in this Mortgage Security Instrument or in the Note. Following a Covenant Event of Default, Lender, at ▇▇▇▇▇▇’s option, but so long as the Loan is insured or held by HUD, only after receipt of the prior written approval of HUD, may declare the Indebtedness 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 in this Security Instrument or in the Note, or seek the appointment of a receiver for the Healthcare Facility. Borrower acknowledges that the power of sale granted in this Security Instrument may be exercised by Lender without prior judicial proceedinghearing. Lender shall be entitled to collect all costs and expenses incurred in pursuing such proceedingremedies, all expenses of foreclosure, including, including reasonable attorneys’ fees (including but not limited toto appellate litigation), reasonable attorney’s fees, and costs of documentary evidence, abstracts and title reports. (b) In addition to the provisions of paragraph (a), the following rights and remedies are applicable to Lender at any time HUD is not the holder of the Note and the Security Instrument. If a Monetary Event of Default occurs and is continuing, Lender, at ▇▇▇▇▇▇’s option may declare the Indebtedness to be immediately due and payable without further demand, and may invoke the statutory power of sale in accordance with South Dakota Codified Laws Chapter 21‑48 and the rules of practice related thereto or, foreclosure of this Security Instrument by action or advertisement as provided by Chapters 21-47 and 21-49, and the rules of practice related thereto, or any other remedies permitted by applicable law or provided in this Security Instrument or in the Note. Following a Covenant Event of Default, Lender, at ▇▇▇▇▇▇’s option, but so long as the Loan is insured by HUD, only after receipt of the prior written approval of HUD, may, after notice to Borrower as provided by applicable law declare the Indebtedness to be immediately due and payable without further demand, and may invoke the power of sale, or foreclosure of this Security Instrument by action or advertisement, and/or any other remedies permitted by applicable law or provided in this Security Instrument or in the Note. This Section 43 shall be deemed to authorize and constitute a power of sale pursuant to Chapter. 21-48 and 21-49 and as otherwise mentioned in the South Dakota Codified Laws, rules, or any amendments thereof. Borrower acknowledges that the power of sale granted in this Security Instrument may be exercised by Lender without prior judicial hearing. Lender shall be entitled to collect all costs and expenses incurred in pursuing such remedies, including reasonable attorney’s fees (including but not limited to appellate litigation), costs of documentary evidence, abstracts and title reports. Lender or ▇▇▇▇▇▇'s designee may purchase the Mortgaged 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 attorneys' fees; (b) to the Indebtedness in such order as Lender, in ▇▇▇▇▇▇'s discretion, directs; and (c) the excess, if any, to the clerk of the circuit court.

Acceleration; Remedies. Upon Borrower’s 's breach of any covenant(s) representation, covenant or term(s) agreement of Borrower in this MortgageInstrument, the Note, ▇▇▇▇ the Environmental Indemnity Agreement or Agency Agreementany other Loan Document, including including, but not limited to, the covenants to pay when due any sums that are secured by this Mortgage or debts senior to this Mortgage, Lender prior to acceleration shall mail notice to Borrower as provided in Paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding, the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the noticeInstrument, Lender, at Lender’s 's option, may declare all of the sums secured by this Mortgage Instrument to be immediately due and payable without further demand demand, and may foreclose this Mortgage invoke any remedies permitted by judicial proceedingapplicable law or provided herein. Borrower has the right to bring an action to assert the non-existence of a breach or any other defense of Borrower to acceleration and sale. Lender shall be entitled to collect all costs and expenses incurred in pursuing such proceeding, all expenses of foreclosureremedies, including, but not limited to, reasonable attorney’s fees, 's fees and costs of documentary evidence, abstracts and title reports. Notwithstanding the foregoing, Lender shall not invoke any remedy provided hereunder, under the Loan Documents, at law or in equity upon Borrower's breach of a 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 ten (10) days after Borrower's receipt of notice thereof, cured such default or, if such default cannot be cured within such ten (10) day period, Borrower shall have commenced to cure within such ten (10) 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 this Instrument.

Acceleration; Remedies. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform 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 foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Security Instrument without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingApplicable Law. Lender shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorney’s fees, attorneys’ fees and costs of documentary title evidence. If ▇▇▇▇▇▇ invokes the power of sale, abstracts ▇▇▇▇▇▇ shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and title reportsof ▇▇▇▇▇▇’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 give notice of sale in the manner prescribed by Applicable Law to Borrower and to 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 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 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 Instru­ment; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Upon Borrower’s breach (a) If a Monetary Event of any covenant(s) or term(s) in this Mortgage, the Note, ▇▇▇▇ 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 shall mail notice to Borrower as provided in Paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice Default occurs and is mailed to Borrower, by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding, the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the noticecontinuing, Lender, at Lender▇▇▇▇▇▇’s option, may declare all of the sums secured by this Mortgage Indebtedness to be immediately due and payable without further demand demand, and may foreclose invoke the power of sale and any other remedies permitted by applicable law or provided in this Mortgage Security Instrument or in the Note. Following a Covenant Event of Default, Lender, at ▇▇▇▇▇▇’s option, but so long as the Loan is insured or held by HUD, only after receipt of the prior written approval of HUD, may declare the Indebtedness 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 in this Security Instrument or in the Note, or seek the appointment of a receiver for the Healthcare Facility. Borrower acknowledges that the power of sale granted in this Security Instrument may be exercised by Lender without prior judicial proceedinghearing. Lender shall be entitled to collect all costs and expenses incurred in pursuing such proceedingremedies, all expenses of foreclosure, including, including reasonable attorneys’ fees (including but not limited toto appellate litigation), reasonable attorney’s fees, and costs of documentary evidence, abstracts and title reports. (b) In addition to the provisions of paragraph (a), the following rights and remedies are applicable to Lender at any time HUD is not the holder of the Note and the Security Instrument. If a Monetary Event of Default occurs and is continuing, Lender, at ▇▇▇▇▇▇’s option may declare the Indebtedness to be immediately due and payable without further demand, and may invoke the statutory power of sale in accordance with South Dakota Codified Laws Chapter 21-48 and the rules of practice related thereto or, foreclosure of this Security Instrument by action or advertisement as provided by Chapters 21-47 and 21-49, and the rules of practice related thereto, or any other remedies permitted by applicable law or provided in this Security Instrument or in the Note. Following a Covenant Event of Default, Lender, at ▇▇▇▇▇▇’s option, but so long as the Loan is insured by HUD, only after receipt of the prior written approval of HUD, may, after notice to Borrower as provided by applicable law declare the Indebtedness to be immediately due and payable without further demand, and may invoke the power of sale, or foreclosure of this Security Instrument by action or advertisement, and/or any other remedies permitted by applicable law or provided in this Security Instrument or in the Note. This Section 43 shall be deemed to authorize and constitute a power of sale pursuant to Chapter. 21-48 and 21-49 and as otherwise mentioned in the South Dakota Codified Laws, rules, or any amendments thereof. Borrower acknowledges that the power of sale granted in this Security Instrument may be exercised by Lender without prior judicial hearing. Lender shall be entitled to collect all costs and expenses incurred in pursuing such remedies, including reasonable attorney’s fees (including but not limited to appellate litigation), costs of documentary evidence, abstracts and title reports. Lender or Lender's designee may purchase the Mortgaged 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 attorneys' fees; (b) to the Indebtedness in such order as Lender, in ▇▇▇▇▇▇'s discretion, directs; and (c) the excess, if any, to the clerk of the circuit court.

Acceleration; Remedies. Upon Borrower’s breach Impact Fund Lender shall, prior to its acceleration of any covenant(s) or term(s) in this Mortgage, the Note, ▇▇▇▇ or Agency Agreement, including the covenants to pay when due any sums that are indebtedness secured by this Mortgage or debts senior to this Impact Fund Mortgage, Lender prior to acceleration shall mail give written notice to Borrower as provided by certified mail of any breach or default by Borrower of any covenant or agreement in Paragraph 14 hereof specifying: the Impact Fund Mortgage Note or this Impact Fund Mortgage. The notice shall specify; (1i) the breach; breach or default, (2ii) the action required to cure such breach; breach or default, (3iii) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach or default 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 (4iv) that failure to cure such the breach or default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Impact Fund Mortgage and the sale of the Mortgaged Property, and (v) that failure to cure such breach or default shall result in interest accruing on the sums 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 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 nonexistence of a breach or default or any other defense of Borrower to acceleration and foreclosuresale. If the breach or default is not cured on or before the date specified in the notice, 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 Lender’s optionits sole option and discretion, may declare require immediate payment in full of all of the sums secured by this Impact Fund Mortgage to be immediately due and payable without further demand demand, and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingapplicable law. Impact Fund Lender shall be entitled to collect all reasonable costs and expenses incurred in such proceeding, all expenses of foreclosurepursuing the remedies provided in this Section 16, including, but not limited to, reasonable attorney’s attorneys' fees. If Impact Fund Lender invokes the power of sale, then Impact Fund Lender shall cause a copy of a notice of sale to be served upon the person, if any, in possession of the Mortgaged Property. Impact Fund Lender shall publish a notice of sale and the Mortgaged Property shall be sold at public auction in the manner prescribed by applicable 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; (i) to all sums secured by this Impact Fund Mortgage; (ii) to all costs and expenses of documentary evidencethe sale, abstracts including, but not limited to, reasonable attorneys' fees; and title reports(iii) the excess, if any, to the person or persons legally entitled thereto.

Acceleration; Remedies. Upon Borrower’s a. Except as provided in paragraph 18 hereof, upon ▇▇▇▇▇▇▇▇'s breach of any covenant(s) covenant or term(s) agreement of Borrower in this Mortgage, Deed of Trust or the Note, ▇▇▇▇ or Agency Agreement, including the covenants to pay when due any sums that are secured by this Mortgage or debts senior to this MortgageDeed of Trust, Lender prior to acceleration shall mail notice to Borrower as provided in Paragraph 14 paragraph 15 hereof specifying: (1l) the breach; (2) the action required to cure such breach; (3) a date, not no less than 30 thirty (30) days from the date the notice is mailed to Borrower, by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Deed of Trust and sale of the Property. The notice shall further inform 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 nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. sale. b. If the breach is not cured on or before the date specified in the noticenotice or within any other notice and cure period set forth in the Loan Documents, Lender, Lender at Lender’s option, ▇▇▇▇▇▇'s option may declare all of the sums secured by this Mortgage Deed of Trust to be immediately due and payable without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingapplicable law. Lender shall be entitled to collect in such proceedingfrom the Borrower, or sale proceeds, if any, all reasonable costs and expenses of foreclosureincurred in pursuing the remedies provided in this paragraph, including, but not limited to, reasonable attorney’s 's fees. c. If ▇▇▇▇▇▇ invokes the power of sale, ▇▇▇▇▇▇ 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 and shall cause such notice to be recorded in each 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 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 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 ▇▇▇▇▇▇'s designee may purchase the Property at any sale. d. Trustee shall deliver to the purchaser a 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 in the following order: (1) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs of documentary title evidence, abstracts and title reports.; (2) to all sums secured by this Deed of Trust; and

Acceleration; Remedies. Upon Borrower’s 's breach of any covenant(s) covenant or term(s) agreement of Borrower in this Mortgage, the Note, ▇▇▇▇ 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 shall mail give notice to Borrower as provided in Paragraph 14 10 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 ten (10) days from the date the notice is mailed to Borrower, by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding proceeding, and sale of the Property. The notice shall further inform Borrower ▇▇▇▇▇▇▇▇ of the right right, if any, to reinstate after acceleration and the right to assert in the foreclosure proceeding, proceedings the non-existence nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender’s ▇▇▇▇▇▇'s option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding, proceeding all expenses of foreclosure, including, but not limited to, reasonable attorney’s fees's fees of twenty percent (20%) of the amount decreed, which fee shall be allowed and paid as part of the decree of judgment in such proceeding, and costs of abstracts, title reports and documentary evidence, abstracts and title reports.

Acceleration; Remedies. Upon Borrower’s breach of any covenant(s) covenant or term(s) agreement of Borrower in this Mortgage, the Note, ▇▇▇▇ 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 shall mail give notice to Borrower as provided in Paragraph 14 10 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 ten (10) days from the date the notice is mailed to Borrower, by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding proceeding, and sale of the Property. The notice shall further inform Borrower ▇▇▇▇▇▇▇▇ of the right right, if any, to reinstate after acceleration and the right to assert in the foreclosure proceeding, proceedings the non-existence nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender▇▇▇▇▇▇’s option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding, proceeding all expenses of foreclosure, including, but not limited to, reasonable attorney’s feesfees of twenty percent (20%) of the amount decreed, which fee shall be allowed and paid as part of the decree of judgment in such proceeding, and costs of abstracts, title reports and documentary evidence, abstracts and title reports.

Acceleration; Remedies. Upon Borrower’s breach Any one or more of any covenant(s) or term(s) in this Mortgage, the following shall constitute a "Default" under the Note, ▇▇▇▇ the Security Instruments and this Agreement: (A) failure of any Borrower to make any payment due under the Note on the due date therefor; (B) failure of any Borrower (except as set forth under clause (A) above) to pay any amount, costs, expenses or Agency fees (including reasonable attorneys' fees) of Lender, Collateral Agent or any Affected Party as expressly required by any provision of the Note, this Agreement, including the covenants other Loan Documents or any Security Instrument within ten (10) Business Days of the due date therefor; (C) failure of any Borrower (except as set forth under clauses (A), (B), (D), (E), (F), and (G) of this paragraph 23) to pay when due comply with or perform, or any sums that are secured breach or violation by this Mortgage any Borrower of, any warranty, representation, covenant, agreement, prohibition, restriction or debts senior condition contained herein, in the Note, the Security Instruments and the other Loan Documents, which failure or breach or violation continues uncured to this Mortgage, Lender's and Collateral Agent's reasonable satisfaction for fifteen (15) calendar days after the delivery by Lender prior to acceleration shall mail or Collateral Agent's of written notice to Borrower Borrowers describing such failure or breach or violation; provided, however, that if such failure or breach or violation shall be not be curable within said fifteen (15) calendar day period and Borrowers are diligently attempting to cure such failure or breach or violation within such period to Lender's and Collateral Agent's reasonable satisfaction, then such failure or breach or violation shall not constitute a Default unless it shall continue uncured for such longer period of time as may be necessary in Lender's and Collateral Agent's reasonable judgment to effect such cure; (D) except as provided in Paragraph 14 hereof specifying: (1) and permitted under the breach; (2) the action required to cure such breach; (3) a dateNote, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; however, if such breach can be cured, but not within such thirty (30) day periodthis Agreement, 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding, the non-existence of a default Security Instruments or any other defense Loan Document, any sale, assignment, transfer, conveyance, mortgaging, encumbering or other change in, or collateral assignment of, the legal title to or beneficial interest in any Property or any Borrower, or any part thereof, or any interest therein, including without limitation, the granting of any subordinate lien, whether voluntarily or involuntarily by operation of law (unless promptly cured, released or bonded off to the reasonable satisfaction of Lender and Collateral Agent) and whether or not of record or for consideration; (E) the occurrence of any event deemed to be a Default under either paragraph 18 or 19 hereof; (F) a material misrepresentation or material error or withholding of material information by any Borrower incident to the Loan or the Loan Documents. (G) termination of the Operating Agreement and failure of Borrower to acceleration replace the Operating Agreement and foreclosureOperator within 120 days of such termination. If Upon a Borrower's Default, in addition to Lender's or Collateral Agent's right to appoint a receiver or enter upon and take and maintain control of the breach is not cured on Properties as set forth in this Agreement and the Security Instruments, Lender or before the date specified in the notice, Lender, Collateral Agent at Lender’s option, 's or Collateral Agent's option may declare the Termination Date to have occurred and all of the sums secured by this Mortgage the Security Instruments or otherwise payable hereunder to be immediately due and payable without further demand or notice herein or in any of the Loan Documents and may foreclose this Mortgage the Security Instruments by judicial proceedingproceeding or non-judicial means and may invoke any other remedies permitted by applicable law or provided herein or in any of the Loan Documents. Each Borrower acknowledges that the power of sale herein granted may be exercised by Lender or Collateral Agent without prior judicial hearing to the extent permitted by applicable law. Lender or Collateral Agent shall be entitled to collect all reasonable costs and expenses incurred in pursuing such proceeding, all expenses of foreclosureremedies, including, but not limited to, reasonable attorney’s fees, attorneys' fees as allowed by law and costs of documentary evidence, abstracts and title reports. Nothing contained herein shall be deemed to require Lender or Collateral Agent to provide Borrowers with notice in the event a bankruptcy proceeding (whether voluntary or involuntary) has been instituted by or against any Borrower under any of the other Security Instruments or Loan Documents. If a Property is sold pursuant to this paragraph 23, the applicable Borrower or any person holding possession of its Property through such Borrower shall immediately surrender possession of the Property to the purchaser at such sale upon the purchaser's written demand. If possession is not surrendered upon the purchaser's written demand, the applicable Borrower or such person shall be a tenant at sufferance and may be removed by an action for summary possession, writ of possession or by an action for forcible entry and detainer. If a nonjudicial sale is permitted by applicable law and if Lender or Collateral Agent invokes the power of sale, then Lender or Collateral Agent shall mail a copy of a notice of sale to each Borrower in the manner provided herein. Lender or Collateral Agent shall publish the notice of sale once a week for three (3) consecutive weeks, or as otherwise required by the law of the jurisdiction in which the applicable Property is located, in a newspaper published in the county where the real estate portion of the applicable Property is located and thereupon shall sell the Property to the highest bidder at public auction at the front door of the County Courthouse of said County. Lender or Collateral Agent may sell the Properties in one or more parcels and in such order as Lender or Collateral Agent may determine. Lender or Collateral Agent may postpone the sale of all or any parcel of the Properties by public announcement at the time and place of any previously scheduled sale. Lender or Collateral Agent or Lender's or Collateral Agent's designee may purchase the Properties at any sale. Additionally, if a nonjudicial sale is permitted by applicable law, then Lender or Collateral Agent shall deliver to the purchaser Lender's or Collateral Agent's deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in Lender's or Collateral Agent's deed shall be prima facie evidence of the truth of the statements made therein. Borrowers covenant and agree that the proceeds of any sale shall be applied in accordance with the priority set forth in paragraph 7.

Acceleration; Remedies. Upon If (a) Borrower or Balanced Care is in default beyond any applicable grace period under any of the Transaction Documents, specifically including but not limited to the BCC Note and the Deferred Purchase Price Note, (b) Borrower defaults in the performance or observance of any of the covenants or agreements of Borrower contained in this Instrument and such default continues for a period of 30 days after written notice thereof from Ocwen to Borrower’s , and in the event that any such default (other than a monetary default) cannot be cured in such initial 30 day period despite the exercise of all reasonable diligence by Borrower, Borrower shall be entitled to an additional 30 days to cure such default (not including monetary defaults) provided Borrower has commenced and continues to diligently prosecute such cure at all times, (c) an Event of Default under the Term Loan Agreement has occurred and is continuing beyond any applicable grace period, or (d) Borrower or Balanced Care is in default or in breach of any covenant(s) or term(s) in this Mortgage, the Note, ▇▇▇▇ or Agency Agreementprovision, including but not limited to any payment provision, beyond any applicable grace period, contained in any note, document or agreement given by Borrower or Balanced Care to Ocwen or an Ocwen Affiliate in connection with indebtedness of Borrower and Balanced Care to Ocwen and the covenants Ocwen (a) to pay when due any sums that are secured by foreclose upon this Mortgage or debts senior to this Mortgage, Lender prior to acceleration shall mail notice to Borrower as provided in Paragraph 14 hereof specifying: (1) Instrument and the breachlien hereof; (2b) to sell the action Property according to law at one or more sales as an entity or in parcels and at such time and place upon such terms and conditions and after such notices thereof as may be required to cure such breachby law; (3c) a date, not less than 30 days from the date the notice is mailed to Borrower, by which 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 enter upon and take possession 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 breachProperty and/or have a receiver appointed therefor as set forth in paragraph 24 hereof; and (4d) that failure to cure such breach on or before effectuate the date specified in the notice may result in acceleration assignments of the contract rights, licenses, permits, certifications, and approvals, as described herein. If all sums secured by this MortgageInstrument become immediately due and payable in accordance with this paragraph, foreclosure Ocwen or the Ocwen Affiliates, at Ocwen's option, may foreclose this Instrument by judicial proceeding and sale of Propertymay invoke any other remedies permitted by applicable law or as provided herein. The notice shall further inform Borrower of the right to reinstate after acceleration Ocwen and the right to assert in the foreclosure proceeding, the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender’s option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender Ocwen Affiliates shall be entitled to collect all costs and expenses incurred in pursuing such proceeding, all expenses of foreclosureremedies, including, but not limited to, reasonable attorney’s fees, and to costs of documentary evidence, abstracts and abstracts, title reports, attorneys fees, and any and all fees and costs associated with the (i) transfer of contracts, or obtaining new contracts, and (ii) transfer of licenses, permits, certifications, and approvals, both of the foregoing which are necessary, required, or desirable in connection with the operation of the facility that constitutes the Property secured hereby.

Acceleration; Remedies. Upon If (a) Borrower or Balanced Care is in default beyond any applicable grace period under any of the Transaction Documents, specifically including but not limited to the BCC Note and the Deferred Purchase Price Note, (b) Borrower defaults in the performance or observance of any of the covenants or agreements of Borrower contained in this Instrument and such default continues for a period of 30 days after written notice thereof from Ocwen to Borrower’s , and, in the event that any such default (other than a monetary default) cannot be cured in such initial 30 day period despite the exercise of all reasonable diligence by Borrower, Borrower shall be entitled to an additional 30 days to cure such default (not including monetary defaults) provided Borrower has commenced and continues to diligently prosecute such cure at all times, (c) an Event of Default under the Term Loan Agreement has occurred and is continuing beyond any applicable grace period, or (d) Borrower or Balanced Care is in default or in breach of any covenant(s) or term(s) in this Mortgage, the Note, ▇▇▇▇ or Agency Agreementprovision, including but not limited to any payment provision, beyond any applicable grace period, contained in any note, document or agreement given by Borrower or Balanced Care to Ocwen or an Ocwen Affiliate in connection with indebtedness of Borrower and Balanced Care to Ocwen and the covenants Ocwen (a) to pay when due any sums that are secured by foreclose upon this Mortgage or debts senior to this Mortgage, Lender prior to acceleration shall mail notice to Borrower as provided in Paragraph 14 hereof specifying: (1) Instrument and the breachlien hereof; (2b) to sell the action Property according to law at one or more sales as an entity or in parcels and at such time and place upon such terms and conditions and after such notices thereof as may be required to cure such breachby law; (3c) a date, not less than 30 days from the date the notice is mailed to Borrower, by which 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 enter upon and take possession 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 breachProperty and/or have a receiver appointed therefor as set forth in paragraph 24 hereof; and (4d) that failure to cure such breach on or before effectuate the date specified in the notice may result in acceleration assignments of the contract rights, licenses, permits, certifications, and approvals, as described herein. If all sums secured by this MortgageInstrument become immediately due and payable in accordance with this paragraph, foreclosure Ocwen or the Ocwen Affiliates, at Ocwen's option, may foreclose this Instrument by judicial proceeding and sale of Propertymay invoke any other remedies permitted by applicable law or as provided herein. The notice shall further inform Borrower of the right to reinstate after acceleration Ocwen and the right to assert in the foreclosure proceeding, the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender’s option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender Ocwen Affiliates shall be entitled to collect all costs and expenses incurred in pursuing such proceeding, all expenses of foreclosureremedies, including, but not limited to, reasonable attorney’s fees, and to costs of documentary evidence, abstracts and abstracts, title reports, attorneys fees, and any and all fees and costs associated with the (i) transfer of contracts, or obtaining new contracts, and (ii) transfer of licenses, permits, certifications, and approvals, both of the foregoing which are necessary, required, or desirable in connection with the operation of the facility that constitutes the Property secured hereby.

Acceleration; Remedies. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 15 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform 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 foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Security Instrument without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingApplicable Law. Lender shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 25, including, but not limited to, reasonable attorney’s fees, attorneys’ fees and costs of documentary title evidence. If Lender invokes the power of sale, abstracts Lender or Trustee shall give to Borrower, the owner of the Property, and title reportsall other persons, notice of sale as required by Applicable Law. Trustee shall 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 in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by advertising in 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 in the following order: (a) to discharge the expenses of executing the trust, including a reasonable commission to Trustee; (b) to discharge all 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 Instrument, and any liens of record inferior to this Security Instrument under which sale is made, with lawful interest; and, (d) 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 sale thereof or to deliver possession of the Property to the purchaser at the sale.

Acceleration; Remedies. Upon BorrowerExcept as provided in paragraph 13 hereof, upon ▇▇▇▇▇▇▇▇▇’s breach of any covenant(s) covenant or term(s) agreement of Mortgagor in this Mortgage, the Note, ▇▇▇▇ 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 shall mail give notice to Borrower Mortgagor as provided in Paragraph 14 paragraph 10 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 10 days from the date the notice is mailed to BorrowerMortgagor, by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of Property. The notice shall further inform Borrower ▇▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding, proceeding the non-existence nonexistence of a default or any other defense of Borrower Mortgagor to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender▇▇▇▇▇▇’s option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding, proceeding all expenses of foreclosure, including, but not limited to, reasonable attorney’s feesattorneys’ fees permitted by Rules of Court, and costs of abstracts, title reports and documentary evidence. Except where the loan is funded by tax-exempt bond financing or as otherwise required by law, abstracts in the event of foreclosure or deed in lieu of foreclosure of Prior Security Deed or assignment of the first mortgage to the Secretary of Housing and Urban Development, 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 have no further force or effect. Any person (including his successors or assigns) receiving title reportsto the Property through a foreclosure or deed in lieu of foreclosure of a Prior Security Deed shall receive title to the Property free and clear from such restrictions.

Acceleration; Remedies. Upon If (a) Borrower or Balanced Care is in default beyond any applicable grace period under any of the Transaction Documents, specifically including but not limited to the BCC Note and the Deferred Purchase Price Note, (b) Borrower defaults in the performance or observance of any of the covenants or agreements of Borrower contained in this Instrument and such default continues for a period of 30 days after written notice thereof from Ocwen to Borrower’s , and, in the event that any such default (other than a monetary default) cannot be cured in such initial 30 day period despite the exercise of all reasonable diligence by Borrower, Borrower shall be entitled to an additional 30 days to cure such default (not including monetary defaults) provided Borrower has commenced and continues to diligently prosecute such cure at all times, (c) an Event of Default under the Term Loan Agreement has occurred and is continuing beyond any applicable grace period, or (d) Borrower or Balanced Care is in default or in breach of any covenant(s) or term(s) in this Mortgage, the Note, ▇▇▇▇ or Agency Agreementprovision, including but not limited to any payment provision, beyond any applicable grace period, contained in any note, document or agreement given by Borrower or Balanced Care to Ocwen or an Ocwen Affiliate in connection with indebtedness of Borrower and Balanced Care to Ocwen and the covenants to pay when due any sums that are Ocwen Affiliates secured by this Mortgage Instrument; then, in any such event, at any time, without further demand or debts senior to this Mortgagenotice, Lender prior to acceleration shall mail notice to Borrower as provided in Paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which 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, any and cures the breach within one hundred eighty (180) days from the date of Lender’s notice the Borrower of the breach; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the all sums secured by this Mortgage, foreclosure by judicial proceeding and sale of Property. The notice Instrument shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding, the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender’s option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and, in addition to any other right or remedy which Ocwen or the (a) to foreclose upon this Instrument and the lien hereof; (b) to sell the Property according to law at one or more sales as an entity or in parcels and at such time and place upon such terms and conditions and after such notices thereof as may be required by law; (c) to enter upon and take possession of the Property and/or have a receiver appointed therefor as set forth in paragraph 24 hereof; and (d) to effectuate the assignments of contract rights, licenses, permits, certifications, and approvals, as described herein. If all sums secured by this Instrument become immediately due and payable in accordance with this paragraph, Ocwen or the Ocwen Affiliates, at Ocwen's option, may foreclose this Mortgage Instrument by judicial proceedingproceeding and may invoke any other remedies permitted by applicable law or as provided herein. Lender Ocwen and the Ocwen Affiliates shall be entitled to collect all costs and expenses incurred in pursuing such proceeding, all expenses of foreclosureremedies, including, but not limited to, reasonable attorney’s fees, and to costs of documentary evidence, abstracts and abstracts, title reports, attorneys fees, and any and all fees and costs associated with the (i) transfer of contracts, or obtaining new contracts, and (ii) transfer of licenses, permits, certifications, and approvals, both of the foregoing which are necessary, required, or desirable in connection with the operation of the facility that constitutes the Property secured hereby.

Acceleration; Remedies. Upon Borrower’s Lender shall give written notice to Borrowers and Accommodation Parties by certified mail prior to acceleration following a foreclosure of the First Mortgage or Borrowers’ and Accommodation Parties’ breach of any covenant(s) covenant or term(s) agreement in the Note or this Mortgage, the Note, ▇▇▇▇ 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 . The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifying: specify; (1i) the breach; default, (2ii) the action required to cure such breach; default, (3iii) a date, not less than 30 thirty (30) days from the date the notice is mailed to Borrowergiven, by which such breach default 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 (4iv) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this 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 is secured by the First Mortgage, foreclosure by judicial proceeding and sale or if the First Mortgage has been satisfied then at the lesser of Propertyeighteen percent (18%) per annum or the highest lawful interest rate. The notice shall further inform Borrower ▇▇▇▇▇▇▇▇▇ and Accommodation Parties of the right to reinstate after acceleration and the right to bring a court action to assert in the foreclosure proceeding, the non-existence nonexistence of a default or any other defense of Borrower Borrowers and Accommodation Parties to acceleration and foreclosuresale. If the 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, then the Lender, at Lender’s optionits sole option and discretion, may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable without further demand demand, and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingapplicable law. The Lender shall be entitled to collect all reasonable costs and expenses incurred in such proceeding, all expenses of foreclosurepursuing the remedies provided in this Section 18, including, but not limited to, reasonable attorneyattorneys' fees. If the Lender invokes the power of sale contained herein, then the Lender shall cause a copy of a notice of sale to be served upon the person, if any, in possession of the Mortgaged Property. The Lender shall publish a notice of sale and the Mortgaged Property shall be sold at public auction in the manner prescribed by applicable 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 (i) to all sums secured by this Mortgage; (ii) to all costs and expenses of the sale, including, but not limited to, reasonable attorneys' fees; and (iii) the excess, if any, to the person or persons legally entitled thereto. Notwithstanding anything to the 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 fees, obligations under this Mortgage and costs 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 documentary evidence, abstracts the First Mortgage; and title reports(f) commencement of foreclosure of the First Mortgage.

Acceleration; Remedies. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform Borrower ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding, proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Security Instrument without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingApplicable Law. Lender shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorney’s fees, attorneys’ fees and costs of documentary title evidence. If Lender or Borrower invokes the power of sale, abstracts and title reportsthe 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 at the Property Address or at any other address Borrower delivers to Lender in writing for that purpose. Lender shall publish the notice of sale for the time and in the manner required by Applicable Law 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 notice 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 Instrument; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform 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 foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Security Instrument without further demand and may foreclose this Mortgage invoke any other remedies permitted by judicial proceedingApplicable Law. Lender shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorney’s fees, attorneys’ fees and costs of documentary title evidence. It is understood and agreed to by Borrower that this Security Instrument is subject to the foreclosure procedures of the Arkansas Statutory Foreclosure Law, abstracts Act 53 of 1987, as amended from time to time (the “Act”), for ▇▇▇▇▇▇▇▇’s breach of any covenant or agreement in this Security Instrument. In furtherance and title reportsnot in limitation of the provisions of Section 12, any forbearance by ▇▇▇▇▇▇ in exercising any right or remedy under the Act shall not be a waiver of or preclude acceleration and the exercise of any right or remedy under the Act, or at the option of Lender, use of judicial foreclosure proceedings.

Acceleration; Remedies. Upon Borrower’s 's breach of any covenant(s) covenant or term(s) agreement of Borrower in this Mortgage, the Note, ▇▇▇▇ 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 shall mail give notice to Borrower as provided in Paragraph 14 paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 10 days from the date the notice is mailed to Borrower, by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Mortgage and sale of the Property. The notice shall further inform 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 nonexistence of a default or any other defense of Borrower to acceleration and foreclosuresale. If the breach is not cured on or before the date specified in the notice, Lender, at Lender’s 's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and Lender may foreclose this Mortgage invoke the STATUTORY POWER OF SALE and any other remedies permitted by judicial proceedingapplicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in such proceeding, all expenses of foreclosurepursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorney’s attorneys' fees. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower as provided in paragraph 12 hereof. Lender shall publish the notice of sale and the Property shall be sold in the manner prescribed by applicable law. Lender or 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' fees and costs of documentary title evidence; (b) to all sums secured by this Mortgage; and (c) the excess, abstracts and title reportsif any, to the person or persons legally entitled thereto.

Acceleration; Remedies. Upon Borrower’s Beneficiary shall give notice to Trustor prior to acceleration following Trustor's breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Deed of Trust. The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, which shall not less be more than 30 ten (10) calendar days from the date of the mailing of the notice is mailed to Borrowerfor a monetary default, by or a date, which such breach must shall not be cured; however, if such breach can be cured, but not within such more than thirty (30) day periodcalendar days from the mailing of the notice for a non-monetary default, by which the Borrower shall default must be cured (unless it is not be in default so long as the Borrower commences cure actions reasonably capable of being cured within such thirty (30) day days, and Trustor (i) initiates corrective action within said period, thereafter diligently pursues the cure of the breach to completionand (ii) diligently, continually, and cures in good faith works to effect a cure as soon as possible, then Trustor shall have such additional time as is reasonably necessary to cure the breach within default prior to exercise of any remedies by the injured party, but in no event no more than one hundred eighty twenty (180120) days from the date of Lender’s the notice the Borrower of the breachdefault); and (4d) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Deed of Trust and sale of the Property. The notice shall further inform Borrower Trustor 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 Trustor to acceleration and foreclosuresale. If the breach default is not cured by the Trustor on or before the date specified in the notice, Lenderand the Senior Lien Holder has not cured the default within that same period, subject to any non-recourse provisions then in effect, Beneficiary at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Deed of Trust without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingapplicable law. Lender Beneficiary shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 27, including, but not limited to, reasonable attorney’s fees, attorneys' fees and costs of documentary title evidence. Copies of all notices which are sent to the Trustor under the terms of this Deed of Trust shall also be sent to the Trustor’s limited partners. Trustor’s limited partners shall have the right, abstracts but not the obligation, to cure any default hereunder on behalf of Trustor, and title reportsany cure made or tendered by the limited partners shall be accepted or rejected on the same basis as if made by Trustor. a. If Beneficiary invokes the power of sale, Beneficiary or Trustee shall mail copies of a notice of sale in the manner prescribed by applicable law to Trustor, the investor limited partner, the Senior ▇▇▇▇ ▇▇▇▇▇▇ and to the other persons prescribed by applicable law. Trustee shall give notice of sale by public advertisement for the time and in the manner prescribed by applicable law. Trustee, without demand on Trustor, 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. Beneficiary or its designee may purchase the Property at any sale. b. 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 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 Deed of Trust; and (c) any excess to the person or persons legally entitled to it.

Acceleration; Remedies. Upon Prior to any acceleration of the amounts owed to the Grantor under the Note or this Mortgage (other than an acceleration under paragraphs 13 and 17 unless applicable law provides otherwise) the Grantor shall give notice to Borrower following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, Mortgage (the Note, ▇▇▇▇ 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 “Default”). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachDefault; (2b) the action required to cure such breachthe Default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the Default 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 (4d) that failure to cure such breach the Default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to assert assert, in the foreclosure proceeding, the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach Default is not cured on or before the date specified in the notice, Lender, the Grantor at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender The Grantor shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this paragraph 19, including, but not limited to, reasonable attorney’s fees, attorneys’ fees and costs of documentary title evidence, abstracts and title reportssuch sums shall be immediately due and payable and shall be secured by this Mortgage. Upon any sale of the Property made by virtue of judicial proceedings or a decree of foreclosure and sale, the Grantor may bid for and acquire the Property and in lieu of paying cash therefore may make settlement for the purchase price by crediting upon Borrower’ indebtedness secured by this Mortgage, the sale price, after first deducting from the sale price the expenses of the sale and the cost of the foreclosure. The proceeds of any foreclosure sale of the Property shall be distributed and applied in the following order of priority: first, on account of all costs and expenses of the foreclosure proceedings; second, to repayment of the indebtedness of Borrower secured by this Mortgage; and third, any excess to Borrower, its successors and assigns.

Acceleration; Remedies. Upon Borrower’s breach of any covenant(s) representation, covenant or term(s) agreement of Borrower in this MortgageInstrument, the Note, ▇▇▇▇ the Environmental Indemnity Agreement or Agency Agreementany other Loan Document, including including, but not limited to, the covenants to pay when due any sums that are secured by this Mortgage or debts senior to this Mortgage, Lender prior to acceleration shall mail notice to Borrower as provided in Paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding, the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the noticeInstrument, Lender, at Lender’s option, may declare all of the sums secured by this Mortgage Instrument to be immediately due and payable without further demand demand, and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by applicable law or provided herein. Borrower acknowledges that the power of sale herein granted may be exercised by Lender without prior judicial proceedinghearing. Borrower has the right to bring an action to assert the non-existence of a breach or any other defense of Borrower to acceleration and sale. Lender shall be entitled to collect all costs and expenses incurred in pursuing such proceeding, all expenses of foreclosureremedies, including, but not limited to, reasonable attorney’s fees, fees and costs of documentary evidence, abstracts and title reports. Notwithstanding the foregoing, Lender shall not invoke any remedy provided hereunder, under the Loan Documents, at law or in equity upon Borrower’s breach of a 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 this Instrument. Trustee shall deliver to purchaser a 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 in the following order: (a) to all costs and expenses of the sale, including, but not limited to, Trustee’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 Instrument in such order as Lender, in Lender’s sole discretion, directs; and (c) the excess, if any, to the person or persons legally entitled thereto.

Acceleration; Remedies. Upon Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant(s) covenant or term(s) agreement in this Mortgage, the Note, ▇▇▇▇ 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 Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachdefault; (2b) the action required to cure such breachthe default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the default 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 (4d) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform 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 foreclosuresale. If the breach default is not cured on or before the date specified in the notice, Lender, Lender at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable Security Instrument without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingApplicable Law. Lender shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorney’s fees, attorneys’ fees and costs of documentary title evidence. If the power of sale is invoked, abstracts Trustee shall execute a written notice of the occurrence of an event of default and title reportsof 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 or Trustee shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. In the event Borrower does not cure the default within the period then prescribed by Applicable Law, Trustee shall give public notice of 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 (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 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 Instrument; and (c) any excess to the person or persons legally entitled to it or to the county clerk of the county in which the sale took place.

Acceleration; Remedies. Upon Except as provided in paragraph 16 hereof, upon Borrower’s 's breach of any covenant(s) covenant or term(s) agreement of Borrower in this Mortgage, the Note, ▇▇▇▇ or Agency Agreement, including the covenants to pay when due any sums that are secured by this Mortgage or debts senior to this MortgageMOrtgage, Lender prior to acceleration shall mail give notice to Borrower as provided in Paragraph 14 paragraph 12 hereof specifying: ; (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 10 days from the date the notice is mailed to Borrower, by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Mortgage and sale of the Property. The notice shall further inform 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 nonexistence of a default or any other defense of Borrower to acceleration and foreclosuresale. If the breach is not cured on or before the date specified in the notice, Lender, at Lender’s 's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage invoke the STATUTORY POWER OF SALE and any other remedies permitted by judicial proceedingapplicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in such proceeding, all expenses of foreclosurepursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorney’s 's fees. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to any other person required 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 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 reasonable attorneys' fees ad costs of documentary title evidence; (b) to all sums secured by this Mortgage; and (c) the excess, abstracts and title reportsif any, to the person or persons legally entitled thereto.

Acceleration; Remedies. Upon BorrowerExcept as provided in Section 18 hereof, upon ▇▇▇▇▇▇▇▇’s breach of any covenant(s) covenant or term(s) agreement of Borrower in this Mortgage, the Note, ▇▇▇▇ or Agency AgreementSecurity Instrument, including the covenants to pay when due any sums that are secured by this Mortgage or debts senior to this MortgageSecurity Instrument, Lender prior to acceleration shall mail notice to Borrower as provided in Paragraph 14 Section 15 hereof specifying: specifying (1a) the breach; (2b) the action required to cure such breach; (3c) a date, not less than 30 days from the date the notice is mailed to Borrower, by which 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 (4d) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Security Instrument and sale of the Property. The notice shall further inform 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 foreclosuresale. If the breach is not cured on or before the date specified in the notice, Lender, Lender at Lender▇▇▇▇▇▇’s option, option may declare all of the sums secured by this Mortgage Security Instrument to be immediately due and payable without further demand and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingApplicable Law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys’ fees. If Lender invokes the power of sale, Lender shall mail a copy of a notice to Borrower in the manner provided in Section 15 hereof and Lender shall publish the notice of sale. After the lapse of two weeks, 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 such proceeding, order as Lender may determine. Lender may postpone sale of all or any part of the Property by public announcement at the time and place of any previously scheduled sale. Lender or ▇▇▇▇▇▇’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 foreclosurethe sale, including, but not limited to, reasonable attorney’s fees, fees and costs of documentary title evidence; (b) to all sums secured by this Security Instrument; and (c) the excess, abstracts and title reportsif any, to the person or persons legally entitled thereto. In the event that the proceeds of any sale under the power of sale are not sufficient to pay the amounts due secured hereby together with the costs of such sale, ▇▇▇▇▇▇▇▇ agrees to pay the deficient amount upon demand. After demand, said deficient amount shall bear interest at the original Note interest rate.

Acceleration; Remedies. Upon Except as provided in paragraph 16 hereof, upon Borrower’s breach of any covenant(s) covenant or term(s) agreement of Borrower in this Mortgage, the Note, ▇▇▇▇ or Agency AgreementDeed of Trust, including the covenants to pay when due any sums that are secured by this Mortgage or debts senior to this MortgageDeed of Trust, Lender prior to acceleration shall mail give notice to Borrower as provided in Paragraph 14 paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 10 days from the date the notice is mailed to Borrower, by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Deed of Trust and sale of the Property. The notice shall further inform 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 nonexistence of a default or any other defense of Borrower to acceleration and foreclosuresale. If the breach is not cured on or before the date specified in the notice, Lender, at Lender’s option, may declare all of the sums secured by this Mortgage Deed of Trust to be immediately due and payable without further demand and may foreclose invoke the sums secured by this Mortgage 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 judicial proceedingapplicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in such proceeding, all expenses of foreclosurepursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorney’s fees. If Lender invokes the power of sale, Lender 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 and shall cause such notice to be recorded in each 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 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 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 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 and costs of documentary title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, abstracts and title reportsif any, to the person or persons legally entitled thereto.

Acceleration; Remedies. Upon Borrower’s breach (a) If a Monetary Event of any covenant(s) or term(s) in this Mortgage, the Note, ▇▇▇▇ 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 shall mail notice to Borrower as provided in Paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice Default occurs and is mailed to Borrower, by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding, the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the noticecontinuing, Lender, at Lender▇▇▇▇▇▇’s option, may declare all of the sums secured by this Mortgage Indebtedness to be immediately due and payable without further demand demand, and may foreclose invoke the power of sale and any other remedies permitted by applicable law or provided in this Mortgage Security Instrument or in the Note. Following a Covenant Event of Default, Lender, at ▇▇▇▇▇▇’s option, but so long as the Loan is insured or held by HUD, only after receipt of the prior written approval of HUD, may declare the Indebtedness 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 in this Security Instrument or in the Note, or seek the appointment of a receiver for the Healthcare Facility. Borrower acknowledges that the power of sale granted in this Security Instrument may be exercised by Lender without prior judicial proceedinghearing. Lender shall be entitled to collect all costs and expenses incurred in pursuing such proceedingremedies, all expenses of foreclosure, including, including reasonable attorneys’ fees (including but not limited toto appellate litigation), reasonable attorney’s fees, and costs of documentary evidence, abstracts and title reports. (b) In addition to the provisions of paragraph (a), the following rights and remedies are applicable to Lender at any time HUD is not the holder of the Note and the Security Instrument. THE PARTIES AGREE THAT THE PROVISIONS OF THE ONE HUNDRED EIGHTY DAY REDEMPTION MORTGAGE ACT GOVERN THIS INSTRUMENT. THE MORTGAGED PROPERTY IS LESS THAN FORTY ACRES IN AREA. If a Monetary Event of Default occurs and is continuing, Lender, at ▇▇▇▇▇▇’s option may declare the Indebtedness to be immediately due and payable without further demand, and may invoke the statutory power of sale in accordance with South Dakota Codified Laws Chapter 21-48 and the rules of practice related thereto or, foreclosure of this Security Instrument by action or advertisement as provided by Chapters 21-47 and 21-49, and the rules of practice related thereto, or any other remedies permitted by applicable law or provided in this Security Instrument or in the Note. Following a Covenant Event of Default, Lender, at ▇▇▇▇▇▇’s option, but so long as the Loan is insured by HUD, only after receipt of the prior written approval of HUD, may, after notice to Borrower as provided by applicable law declare the Indebtedness to be immediately due and payable without further demand, and may invoke the power of sale, or foreclosure of this Security Instrument by action or advertisement, and/or any other remedies permitted by applicable law or provided in this Security Instrument or in the Note. This Section 43 shall be deemed to authorize and constitute a power of sale pursuant to Chapter. 21-48 and 21-49 and as otherwise mentioned in the South Dakota Codified Laws, rules, or any amendments thereof. Borrower acknowledges that the power of sale granted in this Security Instrument may be exercised by Lender without prior judicial hearing. Lender shall be entitled to collect all costs and expenses incurred in pursuing such remedies, including reasonable attorney’s fees (including but not limited to appellate litigation), costs of documentary evidence, abstracts and title reports. Lender or Lender's designee may purchase the Mortgaged 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 attorneys' fees; (b) to the Indebtedness in such order as Lender, in ▇▇▇▇▇▇'s discretion, directs; and (c) the excess, if any, to the clerk of the circuit court.

Acceleration; Remedies. Upon Borrower’s 's breach of any covenant(s) representation, covenant or term(s) agreement of Borrower in this MortgageInstrument, the Note, ▇▇▇▇ the Environmental Indemnity Agreement or Agency Agreementany other Loan Document, including including, but not limited to, the covenants to pay when due any sums that are secured by this Mortgage or debts senior to this Mortgage, Lender prior to acceleration shall mail notice to Borrower as provided in Paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding, the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the noticeInstrument, Lender, at Lender’s 's option, may declare all of the sums secured by this Mortgage Instrument to be immediately due and payable without further demand demand, and may foreclose this Mortgage invoke any remedies permitted by judicial proceedingapplicable law or provided herein. Lender shall be entitled to collect all costs and expenses incurred in pursuing such proceeding, all expenses of foreclosureremedies, including, but not limited to, reasonable attorney’s fees, 's fees and costs of documentary evidence, abstracts and title reports. Notwithstanding the foregoing, Lender shall not invoke any remedy provided hereunder, under the Loan Documents, at law or in equity upon Borrower's breach of a 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 ten (10) days after Borrower's receipt of notice thereof, cured such default or, if such default cannot be cured within such ten (10) day period, Borrower shall have commenced to cure within such ten (10) 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.

Acceleration; Remedies. Upon Borrower’s Lender shall give written notice to Borrower by certified mail prior to acceleration following a breach of any covenant(s) covenant or term(s) agreement in the HAF Note or this Mortgage, the Note, ▇▇▇▇ 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 . The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifying: specify; (1i) the breach; default, (2ii) the action required to cure such breach; default, (3iii) a date, not less than 30 thirty (30) days from the date the notice is mailed to Borrowergiven, by which such breach default 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 (4iv) that failure to cure such breach the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Mortgage and the sale of the 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 ▇▇▇▇▇▇▇▇’s breach at the same interest rate as is required to be paid under the First Mortgage loan on the date that such amount becomes due and payable to the Lender or if the First Mortgage loan has been repaid in full or foreclosed prior to such date, at the same interest rate as was required to be paid under the First Mortgage loan on the date immediately before the repayment or foreclosure of the First Mortgage loan. The notice shall further inform 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 nonexistence of a default or any other defense of Borrower to acceleration and foreclosuresale. If the 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 HAF Loan is to be paid in full as specified hereinabove, then the Lender, at Lender’s optionits sole option and discretion, may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable without further demand demand, and may foreclose this Mortgage invoke the power of sale and any other remedies permitted by judicial proceedingapplicable law. The Lender shall be entitled to collect all reasonable costs and expenses incurred in such proceeding, all expenses of foreclosurepursuing the remedies provided in this Section 18, including, but not limited to, reasonable attorney’s attorneys' fees. If the Lender invokes the power of sale contained herein, then the Lender shall cause a copy of a notice of sale to be served upon the person, if any, in possession of the Property. The Lender shall publish a notice of sale and the Property shall be sold at public auction in the manner prescribed by applicable law. The Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order (i) to all sums secured by this Mortgage; (ii) to all costs and expenses of documentary evidencethe sale, abstracts including, but not limited to, reasonable attorneys' fees; and title reports.(iii) the excess, if any, to the person or persons legally entitled thereto. Notwithstanding anything to the contrary contained in this Mortgage or the HAF 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 18; (a) a failure by the Borrower to make any scheduled, periodic payments due under the HAF Note;

Acceleration; Remedies. Upon Prior to any acceleration of the amounts owed to the Grantor under the Note or this Mortgage (other than an acceleration under paragraphs 13 and 17 unless applicable law provides otherwise) the Grantor shall give notice to Borrower following Borrower’s ’ breach of any covenant(s) covenant or term(s) agreement in this Mortgage, Mortgage (the Note, ▇▇▇▇ 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 “Default”). The notice shall mail notice to Borrower as provided in Paragraph 14 hereof specifyingspecify: (1a) the breachDefault; (2b) the action required to cure such breachthe Default; (3c) a date, not less than 30 days from the date the notice is mailed given to Borrower, by which such breach the Default 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 (4d) that failure to cure such breach the Default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to assert assert, in the foreclosure proceeding, the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach Default is not cured on or before the date specified in the notice, Lender, the Grantor at Lender’s option, its option may declare require immediate payment in full of all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender The Grantor shall be entitled to collect in such proceeding, all expenses of foreclosureincurred in pursuing the remedies provided in this paragraph 19, including, but not limited to, reasonable attorney’s fees, attorneys’ fees and costs of documentary title evidence, abstracts and title reportssuch sums shall be immediately due and payable and shall be secured by this Mortgage. Upon any sale of the Property made by virtue of judicial proceedings or a decree of foreclosure and sale, the Grantor may bid for and acquire the Property and in lieu of paying cash therefore may make settlement for the purchase price by crediting upon Borrower’ indebtedness secured by this Mortgage, the sale price, after first deducting from the sale price the expenses of the sale and the cost of the foreclosure. The proceeds of any foreclosure sale of the Property shall be distributed and applied in the following order of priority: first, on account of all costs and expenses of the foreclosure proceedings; second, to repayment of the indebtedness of Borrower secured by this Mortgage; and third, any excess to ▇▇▇▇▇▇▇▇, its successors and assigns.

Acceleration; Remedies. Upon Borrower’s 's breach of any covenant(s) covenant or term(s) agreement of Borrower in this Mortgage, the Note, ▇▇▇▇ 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 Lender, prior to acceleration acceleration, shall mail give notice to Borrower as provided in Paragraph 14 paragraph 11 hereof specifying: specifying (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which 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 (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding Mortgage and sale of the Property. The notice shall further inform 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 nonexistence of a default or any other defense of Borrower to acceleration and foreclosuresale. If the breach is not cured on or before the date specified in the notice, Lender, at Lender’s lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage invoke the power of sale hereby granted and any other remedies permitted by judicial proceedingapplicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in such proceeding, all expenses of foreclosurepursuing the remedies provided in this paragraph 16, including, but not limited to, reasonable attorney’s attorneys' fees. If ▇▇▇▇▇▇ invokes the power of sale, Lender shall cause a copy of a notice of sale to be served upon the person, if any, in possession of the Property. Lender shall publish a notice of sale and the Property shall be sold at public auction in the manner prescribed by applicable law. Lender or ▇▇▇▇▇▇'s designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all sums secured by this Mortgage; (b) to all reasonable costs and expenses of the sales, including, but not limited to, reasonable attorneys' fees and costs of documentary title evidence; and (c) the excess, abstracts and title reportsif any, to the person or persons legally entitled thereto.