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200005659 <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as <br />follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to <br />acceleration following Borrower's breach of any covenant or agreement in this Security <br />Instrument (but not prior to acceleration under Section 18 unless Applicable Law <br />provides otherwise). The notice shall specify: (a) the default; (b) the action required to <br />cure the default; (c) a date, not less than 30 days from the date the notice is given to <br />Borrower, by which the default must be cured; and (d) that failure to cure the default on <br />or before the date specified in the notice may result in acceleration of the sums secured <br />by this Security Instrument and sale of the Property. The notice shall further inform <br />Borrower of the right to reinstate after acceleration and the right to bring a court action <br />to assert the non - existence of a default or any other defense of Borrower to acceleration <br />and sale. If the default is not cured on or before the date specified in the notice, Lender <br />at its option may require immediate payment in full of all sums secured by this Security <br />Instrument 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 expenses <br />incurred in pursuing the remedies provided in this Section 22, including, but not limited <br />to, reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each <br />county in which any part of the Property is located and shall mail copies of such notice <br />in the manner prescribed by Applicable Law to Borrower and to the other persons <br />prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall <br />give public notice of sale to the persons and in the manner prescribed by Applicable <br />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 <br />sale in one or more parcels and in any order Trustee determines. Trustee may postpone <br />sale of all or any parcel of the Property by public announcement at the time and place of <br />any previously scheduled sale. Lender or its designee may purchase the Property at any <br />sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser <br />Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima <br />facie evidence of the truth of the statements made therein. Trustee shall apply the <br />proceeds of the sale in the following order: (a) to all costs and expenses of exercising the <br />power of sale, and the sale, including the payment of the Trustee's fees actually incurred <br />and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured <br />by this Security Instrument; and (c) any excess to the person or persons legally entitled <br />to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender <br />shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all <br />notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the <br />Property without warranty to the person or persons legally entitled to it. Such person or persons <br />shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying <br />the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered <br />and the charging of the fee is permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and <br />appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the <br />county in which this Security Instrument is recorded. Without conveyance of the Property, the <br />successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and <br />by Applicable Law. <br />-6(NE) (9904).01 page 13 of 15 rm 3028 3/99 <br />CVNE 07 /10 /00 7:52 AM 6696781076 <br />