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200211460 NON - UNIFORM COVENANTS. Borrower and Lender further Covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant ter agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of 10 calendar days after drey arc dun, any Vn1115 scoured by this Deed of Trust, Ienter prior tr acecluration shall give notice to Burrower as provided in paragraph 12 hereof specifying: (1) die breach; (2) the action required to cure such breach; (J) a date, not less than 20 days from the dare the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach 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 the Property. The notice shall further inform Borrower of the right to reinstate after accelcralit{n and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower 'ro acceleration and sale. It the breach is not cured on or before the date specified in die notice, Lender, at Lender's Option, may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not finned to, reasonable attorneys' fees. If the power of sale is invoked, Trustee shall record a notice of default in each county in which the Property or some part thereof is located and shall mail copies of such notice in the mahmer prescribed by applicable law to Borrower and hl the other peismu prescribed by applicable Iaw. After the lapse Of such tittle as may be required by applicable law, Trustee Shall give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the temps designated in die notice of sale in one rr more parcels and in such order as Trustee may detemhine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made theceiu. Trustee shall apply the proceeds of the sale in the following order (a) to all reasonable costs and expenses of the sale, including, hilt not limited to, 't'rustee's fees actually incurred of not more than 5.000 % of the gross sale price, reasotable 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 person ter persons legally entitled thereto. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, due in Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior to die earlier to occur of (i) the fifth day before sate of the Property Pursuant to the power of sale contained in this Deed of Trust or (ti) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would he then due under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing (lie covenant, and agrennents of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such adton as Lender may reasonably tequire to assure that the lien of this Deed of Trost, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occulted. 19. Assignment of Rents; Appoinhnent of R=ivcr; lender in Possession. As additional security hereunder. Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall he canted to enter upon, rake possession of and manage the Property and to collect the cents Of die Property including those past due. All rents collected by lender or the receiver shall be applied first to payment of the costs of mamhgenhent of the Property and collection of rents, including, but not limited m, receiver's fees, premiums On receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall he liable to account only for those rents actually received. 20. Recmvey:mce. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender itiiI Decd of Trust and all notes evidencing indebtedness secured by this Dcxt of Trust m Tmsrue. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. 21. Substitute Trustee. Lender, an Lender's Option, may front time to time remove Trustee and appoint a successor trustee tU any Trustee appointed hereunder by an instrument recorded in the county in which this Deed of Trust is recorded. Without conveyance of the Property, the Successor trustee shall succeed to all the tide, power and duties conferred upon the Trustee herein and by applicable law. 22. Request for Notices. Borrower requests that copies of the notice of default and notice of sale he .vent to Borrower's address which is the Property Address. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGA61tS OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Deed of Trust uh give Notice to Lender, at Lender's address set forth on page one of this Deed Of Trust of any default under the superior encumbrance and of any sale or other foreclosure action. 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