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94190350 <br /> 22. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the <br /> sums secured by this Deed of Trust, Borrower shall have the right to have any proceedings <br /> begun by Lender to enforce covenants of this Deed of Trust relating to sums due and payable <br /> by Borrower discontinued at any time prior to five (5) days before the Property is first <br /> scheduled for sale pursuant to the power of sale contained in this Deed of Trust or at any <br /> time prior to entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender <br /> all sums which would be then due under this Deed of Trust, the Note and notes securing <br /> Future Advances, if any, had no acceleration occurred; (b) Borrower pays all reasonable <br /> expenses incurred by Lender and Trustee in enforcing the covenants and agreements of <br /> Borrower contained in this Deed of Trust, and in enforcing Lender's and Trustee's remedies <br /> as provided in Section 21 hereof, including, but not limited to, reasonable attorneys' fees; <br /> and (c) Borrower takes such action as Lender's interest in the Property and Borrower's <br /> obligation to pay the sum secured by this Deed of Trust shall continue unimpaired. Upon <br /> such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby <br /> shall remain in full force and effect as if no acceleration had occurred. <br /> 23. Termination of Restraints on Alienation. Notwithstanding any other <br /> provisions of the Note and Deed of Trust, any restrictions on alienability of the property <br /> such as those contained in paragraphs 4, 5, 6 and 20 of this Deed of Trust, or elsewhere, <br /> shall terminate and have no further force or effect upon the happening of the following <br /> circumstances: <br /> a. The Department of Housing and Urban Development, a mortgagee or <br /> another party acquires title through foreclosure of a senior lien; or a deed in lieu of <br /> foreclosure of a senior lien; <br /> b. Assignment of the prior and senior mortgage to the Department of <br /> Housing and Urban Development. <br /> This Deed of Trust is subordinate to any deed of trust or mortgage on the <br /> Property made by or held by an institutional lender or investor. Any party, and its <br /> successors and assigns, receiving title to the Property through a trustee's sale, a judicial <br /> foreclosure sale or deed in lieu of foreclosure, of such deed of trust or mortgage, and any <br /> conveyance or transfer thereafter, shall receive title free and clear of the provisions of this <br /> Deed of Trust. <br /> 24. Appointment of Receiver; Lender in Possession. Upon acceleration under <br /> Section 21 hereof or abandonment of the Property, Lender, in person, by agent or by <br /> judicially appointed receiver shall be entitled to enter upon, take possession of, rent and <br /> manage the Property and to collect the rents of the Property. All rents collected by Lender <br /> or the receiver shall be applied first to payment of cost of management of the Property and <br /> collection of rents, including, but not limited to, receiver's fees, premiums on receiver's <br /> bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. <br /> Lender and the receiver shall be liable to account only for those rents actually received. <br /> - 11 - <br />