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200006126 <br />estate taxes and insurance (if appropriate) when due, <br />(b) There has occurred a breach of or default under any term, covenant, agreement, <br />condition, provision, representation or warranty contained in any of the Loan <br />Instruments. <br />13. ACCELERATION; REMEDIES. Beneficiary shall give notice of default to Trustor prior <br />to acceleration following Trustor's breach of any covenant or agreement in this Trust Deed. The <br />notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less <br />than 30 days from the date the notice is given to Trustor, by which the default must be cured; and <br />(d) that failure to cure the default on or before the date specified in the notice may result in <br />acceleration of the sums secured by this Security Instrument and sale of the Property. The notice <br />shall further inform Trustor of the right to reinstate after acceleration and the right to reinstate <br />after acceleration and the right to bring a court action to assert the non - existence of a default or <br />any other defense of Trustor to acceleration and sale. If the default is not cured on or before the <br />date specified in the notice, Beneficiary at its option may require immediate payment in full of <br />all sums secured by this Security Trustor shall be entitled to collect all expenses incurred in <br />pursuing the remedies provided in this paragraph 13, including, but not limited to, reasonable <br />attorney's fees and cost of title evidence. If power of sale is invoked, Trustee shall record a notice <br />of default in each county in which any part of the Property is located and shall mail copies of such <br />notice in the required applicable law, Trustee shall give public notice of sale to the persons and <br />in the manner prescribed by applicable law. Trustee, without demand on Trustor, shall sell the <br />Property at public auction to the highest bidder at the time and place and under the terms <br />designated in the notice of sale in one or more parcels and in any order Trustee determines. <br />Trustee may postpone sale of all or any parcel of Property by public announcement at the time <br />and place of any previously scheduled sale. Beneficiary or its designee may purchase the Property <br />at any sale. 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 facie <br />evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale <br />in the following order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees <br />as permitted by applicable law and reasonable attorney's fees; (b) to all sums secured by this <br />Security Instrument; and (c) any excess to the person or persons legally entitled to it. <br />14. BENEFICIARY IN POSSESSION. Upon acceleration under paragraph 13 or <br />abandonment of the Property, Beneficiary (in person, by agent or by judicially appointed <br />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. Any rents collected by Beneficiary or the <br />receiver shall be applied first to payment of the costs of management of the Property and <br />collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds <br />and reasonable attorney's fees, and then to the sums secured by this Security Instrument. <br />15. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and each of them, shall be <br />entitled to enforce payment and performance of any indebtedness or obligations secured hereby <br />and to exercise all rights and powers under this Deed of Trust or under any Loan Instrument or <br />other agreement or any laws now or hereafter in force, notwithstanding some or all of the such <br />