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<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: (Page 4 of 5)
<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 end
<br />of 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 breach; (2)
<br />the action required to cure such breach; (3) a date, not less than 20 days from the date the notice is mailed
<br />to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the
<br />date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of
<br />the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the
<br />right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to
<br />acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender, at
<br />Lender's option, may declare all of the sums secured by this Deed of Trust to be immediately due and
<br />payable without further demand and may invoke the power of sale and any other remedies permitted by
<br />applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the
<br />remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees.
<br />If 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
<br />time as may be required by applicable law, Trustee shall give public notice of sale to the persons and in the
<br />manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at
<br />public auction to the to the highest bidder at the time and place and under the terms designated in the
<br />notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone
<br />sale of all or any parcel of the Property by public announcement at the time and place of any previously
<br />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 truth of
<br />the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all
<br />reasonable costs and expenses of the sale, including, but not limited to, Trustee's fees, reasonable
<br />attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess,
<br />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 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
<br />Property pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgement enforcing this
<br />Deed of Trust if: (a) 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 agreements of Borrower
<br />contained in this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing
<br />the covenants and agreements of Borrower contained in this Deed of Trust, and in enforcing Lender's and Trustee's
<br />remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees to the extent
<br />permitted by applicable law; and (d) Borrower takes such action as Lender may reasonably require to assure that the
<br />lien of this Deed of Trust, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this
<br />Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the
<br />obligations secured hereby shall remain in full force and effect as if no 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
<br />due 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
<br />fees, premiums on receiver's bonds and reasonable attorneys' 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 and, if this Deed of Trust secures a
<br />Revolving Loan Agreement, Lender is not obligated to make additional advances under the Revolving Loan
<br />Agreement. bender shall cause this Deed of Trust to be released without charge to Borrower. Borrower shall pay all
<br />costs of recordation, if any.
<br />21. Substitute Trustee. Lender, at Lender's option, may from time to time appoint a successor trustee to any
<br />Trustee appointed hereunder by an instrument recorded in the county in which this Deed of Truct is recorded.
<br />Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred
<br />upon the Trustee herein and by applicable law.
<br />22. Request for Notices. 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 />07 -21 -00 Deed of Trust NE HBNE1234
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