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96097424 <br />Lender may, at its option, require immediate payment in full of all sums secured by <br />this Deed of Trust. However, this option shall not be exercised by Lender if exercise <br />is prohibited by federal law as of the date of this Deed of Trust, or if Lender has <br />executed a separate written waiver of this option. <br />If Lender exercises this option, Lender shall give Borrower notice of <br />acceleration. The notice shall provide a period of not less than thirty (30) days from <br />the date the notice is delivered or mailed within which Borrower must pay all sums <br />secured by this Deed of Trust. If Borrower fails to pay these sums prior to the <br />expiration of this period, Lender may invoke any remedies permitted by this Deed of <br />Trust without further notice or demand on Borrower. <br />Notwithstanding the foregoing, if Borrower wishes to transfer, assign, sell or <br />convey real property or personal property ass is from corpus of the Batarse Family <br />Trust, U.T.A. dated May 7, 1987, Anthony fl3atarse, Jr., trustee, such a transfer <br />shall be permitted so lon as the net value of the Batarse Family Trust, U.T.A. dated <br />May 7, 1987, Anthony atarse, Jr., trustee, trust corpus remains at a minimum of <br />Three Million Dollars ($3,000,000.), which minimum amount shall be based upon <br />an audited financial statement prepared by a certified public accountant. <br />NON -UNIFORM COVENANTS. Borrower and Lender further covenant and <br />agree as follows: <br />14. Acceleration: Remedies. Except as provided in paragraph 13 hereof, <br />upon Borrower's breach of any covenant or agreement of Borrower in this Deed of <br />Trust, including the covenants to pay when due any sums secured by this Deed of <br />Trust, Lender prior to acceleration shall give notice to Borrower as provided in <br />paragraph 11 hereof specifying: (1) the breach; (2) the action required to cure such <br />breach; (3) a date, not less than ten (10) days from the date notice is mailed to <br />Borrower, by which such breach must be cured; and (4) that failure to cure such <br />breach if curable on or before the date specified in the notice may result in <br />acceleration of the sums secured by this Deed of Trust and sale of the Property. <br />Notwithstanding the foregoing, in the event a default is non -monetary in nature, and <br />cannot reasonably be cured within thirty (30) days, Borrower shall not be deemed in <br />default so long as Borrower commences to cure as soon as reasonably possible and in <br />no event later than thirty (30) days, and diligently persecutes such cure to <br />completion. Lender shall be entitled to collect all reasonable costs and expenses <br />incurred in pursuing the remedies provided in this paragraph 14, including, but not <br />limited to, reasonable attorneys' fees. <br />Economic Development Agency Page 5 of 7 <br />Deed of Trust <br />