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200008200 <br />Loan No.: 7300080393 <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or <br />agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of 10 calendar days after they <br />are due, any sums secured by this Deed of Trust, Lender prior to acceleration shall give notice to Borrower as provided in <br />paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 20 days <br />from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach <br />on or before the 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 right to bring a <br />court action to assert the non - existence of a default or any other defense of Borrower to acceleration and sale. If the breach <br />is not cured 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 and any other <br />remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing <br />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 Property or some <br />part thereof is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to <br />the other persons prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee <br />shall give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on <br />Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated <br />in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all <br />or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or <br />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 conveying the Property <br />sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee <br />shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but <br />not limited to, Trustee's fees actually incurred of not more than 3.000% % of the gross, sale price, reasonable <br />attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the <br />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 Trust, <br />due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust <br />discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the power <br />of sale contained in this Deed of Trust or (ii) entry of a judgement enforcing this Deed of Trust if: (a) Borrower pays Lender <br />all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all <br />breaches of any other covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable <br />expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of <br />Trust and in enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof, including, but not limited to, <br />reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this <br />Deed of Trust, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall <br />continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall <br />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, Borrower <br />hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof <br />or abandonment of the Property, have the right to collect and retain such rents as they become 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 the rents <br />of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the <br />costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's <br />bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be <br />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 reconvey <br />the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to <br />Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled <br />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 instrument recorded in the county in which this Deed of Trust is recorded. <br />Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the <br />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 Borrower's <br />address which is the Property Address. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII <br />INITIALS <br />- S ` O AGE . � IN MORTGAGE 'INITIALS INITIALS <br />1/80 Page 4 of 5 Form 3828 <br />FNMA/FHLMC UNIFORM INSTRUMENT 2DOTNE4 01/96 <br />