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200300071
<br />may result in acceleration of the sutras secured by this Deed of Trust and sale or the Property. The notice shall
<br />further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to
<br />assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is
<br />not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums
<br />secured by this Deed of Trust to he immediately due and payable without further demand and may invoke the
<br />power of sale and any other remedies permitted by applicable law. Leader shall be entitled to collect all
<br />reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but
<br />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
<br />Properly 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 time
<br />as may be required by applicable law, Trustee shall give public notice of sale to the persons and in the manner
<br />prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Properly at public auction
<br />to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more
<br />parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the
<br />Properly by public announcement at the time and place of any previously scheduled sale. Lender or Lender's
<br />designee pray 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
<br />the Property sold. The recitals in the'1'rastee's deed shall be prima facie evidence of the truth of the statements
<br />made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and
<br />expenses of the sale, including, hot not limited to, Trustee's fees actually incurred of not more than
<br />% of the gross sale price, reasonable attorneys' fees and costs or title evidence; (h) to
<br />all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled
<br />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 />dnia 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'rmst or (it) entry of ajudgment enforcing this Deed
<br />of Trust if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had
<br />no acceleration occurred; (b) Borrower cures all breaches of am, 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
<br />enforcing the covenants and agreements of Borrower contained in this Dee<I of Trust and in enforcing Lender's and
<br />Trustee's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and
<br />(d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust,
<br />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
<br />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
<br />under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they
<br />become due Said payable.
<br />Upon acceleration under paragraph l7 hereof or abandonment of the Property, Lender, in person, by agent or
<br />by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to
<br />collect the rents of the Property including those past due. All rents colleted by Lender or the receiver shall be
<br />applied first to payment of the costs of management of the Property and collection of rents, including, but not limited
<br />to, rce;ivcr's fees, premiunvs on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this
<br />Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received.
<br />20. Reconerymme. Upon 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 indebtedness secured by this
<br />Deed of Trust to 'Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or
<br />persons legally entitled 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
<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. Burrower requests that copies of the notice of default and notice of sale be sent to
<br />Borrower's address which is the Property Address- C
<br />�l11v - 761NEI norm rage s o, s , _ , �, Form 3828
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