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� �. . r : ;� ;�� ;`. 20fl�000732 <br /> may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall <br /> further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert <br /> the nonexistence of a default or any other defense of Borrower to acceleration and sale.If the breach is not cured <br /> on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by <br /> this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale <br /> and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and <br /> expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, <br /> reasonable attorneys' fees. <br /> If the power of sale is invoked, Trustee shall record a notice of default in each county in which the Property <br /> or some part thereof is located and shall mail copies of such notice in the manner prescribed by applicable law to <br /> Borrower and to the other persons prescribed by applicable law.After the lapse of such time as may be required <br /> by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by <br /> applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest <br /> bidder at the 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 Property by public <br /> announcement at the time and place of any previously scheduled sale.Lender or Lender's designee may purchase <br /> the Property at any sale. <br /> Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying <br /> the Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements <br /> made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and <br /> expenses of the sale, including, but not limited to, Trustee's fees actually incurred of not more than <br /> 5 % of the gross sale price,reasonable attorneys' fees and costs of title evidence; (b) to all <br /> sums secured by 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 of <br /> Trust, due to Borrower's breach, Borrower shall have the right to have any proceedings begun by L,ender to enforce <br /> this Deed of Trust discontinued at any time prior to the earlier to occur of(i) the fifth day before the sale of the Property <br /> pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: <br /> (a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration <br /> occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of <br /> Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and <br /> agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided <br /> in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as <br /> L.ender may 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 payment <br /> and cure by Borrower, this Deed of Trust and the obligations secured hereby shaii remain in full force and effect as if no <br /> acceleration had occurred. <br /> 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, <br /> Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under <br /> paragraph 17 hereof or abandonment of the Property,have the right to collect and retain such rents as they become due <br /> and payable. <br /> Upon acceleration under paragraph 17 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 and manage the Property and to collect <br /> the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to <br /> payment of the costs of management of the Property and collection of rents,including, but not limited to,receiver's fees, <br /> premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. <br /> I,ender and the receiver shall be liable to account only for those rents actually received. <br /> 20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to <br /> reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this <br /> Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or <br /> persons legally entitled thereto. 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 and appoint a successor <br /> trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Deed of Trust is <br /> recorded. Without conveyance of the Property, the succ�s,�or#trustee shall succeed to all the title, power and duties <br /> conferred upon the Trustee herein and by applicable law:�- . � " ""'"'""`--•� <br /> 22. Request for Notices. Borrower requests that �ies .ofit�e no,t�cg+of`�d�ault'and notice of sale be sent to <br /> Borrower's address which is the Property Address. �- - .�' _�� •- ,�• ,„,� �.��' � -�., � <br /> _ ,_.,....,,.._ .,.. . <br /> . ....,........._.., ... . Initials: �� <br /> � -76(NE) (9803) Page s of 6 Form 3828 <br /> 0 <br />