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20040673$ <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 Gale 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 <br />if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no <br />acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in <br />this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants <br />and 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 sbms secured by this Deed of Trust shall continue unimpaired. Upon such payment and <br />cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no <br />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 due <br />and payable. <br />Upon acceleration under ()aragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or <br />by judicially appointed receiver shill be entitled to enter upon, take possession of and manage the Property and to collect <br />the rents of the Property includinf those past due. All rents collected by Lender or the receiver shall be applied first to <br />payment of the costs of managemc :nt of the Property and collection of rents, including, but not limited to, receiver's fees, <br />premiums on receiver's bonds and - easonable attorneys' fees, and then to the sums secured by this Deed of Trust. Lender <br />and the receiver shall be liable to account only for those rents actually received. <br />20. Reconveyance. Uporj payment of all sums secured by this Deed of Trust, Lender shall request Trustee to <br />reconvey the Property and shall surrender this Deed of Trust and all notes evidencing debt secured by this Deed of Trust <br />to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally <br />entitled to it. Such person or persons shall pay any recordation costs. <br />2t. 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 <br />Trust is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and <br />duties conferred upon the Trustee herein and by applicable law. <br />22. Request for Notices. ;Borrower requests that copies of the notices of default and sale be sent to Borrower's <br />address which is the Property address. <br />REQUEST FOR NOTICE OF DEFAULT <br />AND FORECLOSURE UNDER SUPERIOR <br />MORTGAGES OR DEEDS OF TRUST <br />Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which <br />has priority over this Deed of Tru,,t to give Notice to Lender, at Lender's address set forth on page one of this Deed of <br />Trust, of any default under the superior encumbrance and of any sale or other foreclosure action. <br />IN WITNESS WHEREOF, Borrower has executed this Deed of Trust. <br />..... ..........zS1 <br />.. ......... ............................... (Seal) <br />KENNETH W ROSS — Borrower <br />D ..iii -� ? ,�....... a...... (Seal) <br />...... ............... ......................... <br />PATRICIA A ROSS — Borrower <br />Form 3828 1/80 (Page 4 of 5 Pages) <br />