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.201405549 <br /> If the power of sale is invoked, Trustee shall record a notice of default in each county in <br /> which the Property or some part thereof is located and shall mail copies of such notice in the <br /> manner prescribed by applicable law to Borrower and to the other persons prescribed by <br /> applicable law. After the lapse of such time as may be required by applicable law, Trustee shall <br /> give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, <br /> without demand on Borrower, shall sell the Property at public auction to the highest bidder at the <br /> time and place and under the terms designated in the notice of sale in one or more parcels and in <br /> such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the <br /> Property by public announcement at the time and place of any previously scheduled sale. Lender <br /> 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 <br /> deed conveying the Property sold. The recitals in the Trustee's deed shall be prima facie evidence <br /> of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the <br /> following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, <br /> Trustee's fees actually incurred of not more than 5.00% of the gross sale price, <br /> reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of <br /> 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 <br /> secured by this Deed of Trust, due to Borrower's breach, Borrower shall have the right to have <br /> any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior to <br /> the earlier to occur of (i) the fifth day before sale of the Property pursuant to the power of sale <br /> contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: (a) <br /> Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note <br /> had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or <br /> 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 <br /> contained in this Deed of Trust, and in enforcing Lender's and Trustee's remedies as provided in <br /> paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower <br /> takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust, <br /> Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed <br /> of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust <br /> and the obligations secured hereby shall remain in full force and effect as if no acceleration had <br /> occurred. <br /> 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional <br /> security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that <br /> Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, <br /> have the right to collect and retain such rents as they become due and payable. <br /> Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in <br /> person, by agent or by judicially appointed receiver shall be entitled to enter upon, take <br /> possession of and manage the Property and to collect the rents of the Property including those <br /> past due. All rents collected by Lender or the receiver shall be applied first to payment of the <br /> costs of management of the Property and collection of rents, including, but not limited to, <br /> receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the <br /> sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for <br /> those rents actually received. <br /> 20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall <br /> request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes <br /> evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the <br /> Property without warranty and without charge to the person or persons legally entitled thereto. <br /> Such person or persons shall pay all costs of recordation, if any. <br /> 21. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee <br /> and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in <br /> the county in which this Deed of Trust is recorded. Without conveyance of the Property, the <br /> successor trustee shall succeed to all the title, power and duties conferred upon the Trustee <br /> herein and by applicable law. <br /> 22. Request for Notices. Borrower requests that copies of the notice of default and notice of <br /> sale be sent to Borrower's address which is the Property Address. <br /> Page 5 ENE208-e <br />