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(j) Trustor fails to observe or perform any other covenant, condition, or <br />agreement to be observed or performed by Trustor pursuant to the Loan <br />Agreement, the Note, the HOME Program Regulatory Agreement, or this <br />Deed of Trust. <br />12. Remedies. Upon the occurrence of a Default, the giving of notice thereof and the <br />expiration of any applicable cure period, City may, at its option, exercise any one or more of the <br />following remedies: <br />a. Declare all of the sums payable under the Loan Agreement, the Note, and <br />the HOME Program Regulatory Agreement to be immediately due and payable without further <br />demand. <br />b. Pursue the exercise of the power of sale provided under this Deed of Trust. <br />C. Either in person or by agent, with or without bringing any action or <br />proceeding, or by a receiver appointed by a court, enter upon, take possession thereof (or any part <br />thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts <br />which it deems necessary or desirable to preserve the value or marketability of the Property, or <br />part thereof or interest therein, increase the income therefrom, or protect the security thereof. The <br />entering upon and taking possession of the Security shall not cure or waive any breach hereunder <br />or invalidate any act done in response to such breach and, notwithstanding the continuance in <br />possession of the Security, the City shall be entitled to exercise every right and remedy provided <br />under the Loan Agreement, the Note, the HOME Program Regulatory Agreement, or this Deed of <br />Trust, or by law upon the occurrence of any uncured breach. <br />d. Commence an action to foreclose this Deed of Trust as a mortgage, appoint <br />a receiver, or specifically enforce any of the covenants hereof. <br />e. Exercise all other rights and remedies provided herein, in the instruments <br />by which the Trustor acquires title to any Security, or in any other document or agreement now or <br />hereafter evidencing, creating or securing all or any portion of the obligations secured hereby. <br />f. Exercise any other remedy provided by law or in equity. <br />13. Acceleration and Sale. <br />(a) Notice of Default. Upon Trustor's breach of any covenant or agreement of <br />Trustor under the Loan Agreement, the Note, the HOME Program Regulatory Agreement or this <br />Deed of Trust, City shall mail notice to Trustor as provided in Section 22 hereof specifying: (i) the <br />nature of the breach; (ii) the action required to cure such breach; (iii) a date no less than thirty (30) <br />days from the date the notice is mailed to Trustor by which such breach must be cured or such <br />shorter cure period as may be provided in the Loan Agreement, the Note, the HOME Program <br />Regulatory Agreement, or this Deed of Trust; and (iv) that failure to cure such breach on or before <br />the date specified in the notice may result in acceleration of the Loan and the sale of the Property. <br />The notice shall further inform Trustor of Trustor's right to reinstate after acceleration and the <br />Deed of Trust Securing Performance <br />1619\0113026818.1 <br />SF #4828-5596-4108 v3 <br />REV: 05-19-20215K <br />