Laserfiche WebLink
200002853 <br />date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Deed of Trust <br />to be immediately due and payable without further demand and may invoke the power of sale and any other <br />remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred <br />in pursuing the remedies provided in this paragraph 17, 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 by <br />applicable law to Borrower and to the other persons prescribed by applicable law. After the lapse of such time <br />as may be required by applicable law, Trustee shall give public notice of the sale to the persons and in the manner <br />prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to <br />the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels <br />and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by <br />public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee may <br />purchase 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 0.000% <br />of the gross sale price, reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed <br />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 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 />Lender 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 shall remain in full force and effect as if <br />no acceleration had occurred. <br />19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security <br />hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to <br />acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents <br />as they become due and payable. <br />Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or <br />by 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 attcr:eys' 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 />20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee <br />to 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 <br />successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Deed of Trust <br />is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, powers and duties <br />conferred upon the Trustee herein and by applicable law. <br />22. Request for Notice. Borrower requests that copies of the notice of default and notice of sale be sent to <br />Borrower's address which is the Property Address. <br />Laserpoc (TM) by Delphi Information Sciences Corp. DE431- 5.0697 Form 3828 <br />Page 5 of 6 <br />