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201200001 <br />Non-Uniform Covenants. Borrower and Lender further covenant and agree as follows: <br />17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any <br />covenant or agreement of Borrower In this Deed of Trust, including Borrower's failure to pay, by the <br />end of 10 calendar days after they are due, any sums secured by this Deed of Trust, Lender prior to <br />acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the <br />breach; (2) the action required to cure such breach; (3) a date, not lass than 20 days from the date the <br />notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such <br />breach on or before the date specified in the notice may result in acceleration of the sums secured by <br />this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to <br />reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default <br />or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the <br />date specified in the notice, Lender, at Lender's option, may declare all of the saws secured by this <br />Deed of Trust to be immediately due and payable without further demand and may invoke the power <br />of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all <br />reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, <br />including, but not limited to, reasonable attorneys' fees. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which the <br />Property or some part thereof is located and shall mail copies of such notice in the manner prescribed <br />by applicable law to Borrower and to the other persons prescribed by applicable law. After the lapse of <br />such time as may be required by applicable law, Trustee shall give public notice of sale to the persons <br />and in the manner prescriibed by applicable law. Trustee, without demand on Borrower, shall sell the <br />Property at public auction to the highest bidder at the time and place and under the terms designated <br />in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may <br />postpone sale of all or any parcel of the Property by public announcement at the time and place of any <br />previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the <br />truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following <br />order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, Trustee's fees <br />actually incurred reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by <br />this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. <br />18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed <br />of Trust, due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender <br />to enforce this Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before <br />the sale of the Property pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a <br />judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under <br />this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other <br />covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable <br />expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained <br />in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof, <br />including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may <br />reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property and <br />Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such <br />payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full <br />force and effect as if no acceleration had occurred. <br />1-11158 <br />Second Mortgage-NE 1180 Amended 7104 <br />VMP ® VMP76INE1 01051 <br />Wolters Kluwer Financial Services Page 6 of 9 <br />