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200600047
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1/4/2006 8:30:21 AM
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1/4/2006 8:30:20 AM
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DEEDS
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200600047
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<br />200600047 <br /> <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a <br />period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums <br />secured by this Deed of Trust. If Borrower fails to pay these sums prior to the expiration of this period, Lender may <br />invoke any remedies permitted by this Deed of Trust without further notice or demand on Borrower. <br /> <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 <br />covenant or agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of 10 <br />calendar days after they are due, any sums secured by this Deed of Trust, Lender prior to acceleration shall give <br />notice to Borrower as provided in paragraph 12 hereofspecifying: (1) the breach; (2) the action required to cure <br />such breach; (3) a date, not less than 20 days from the date the notice is mailed to Borrower, by which such <br />breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may <br />result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further <br />inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the <br />nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on <br />or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this <br />Deed of Trust to be immediately due and payable without further demand and may invoke the power ofsale and <br />any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and <br />expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, <br />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 <br />or some part thereof is located and shall mail copies of such notice in the manner prescribed by applicable law to <br />Borrower and to the other persons prescribed by applicable law. After the lapse of such time as may be required <br />by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by <br />applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest <br />bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in <br />such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public <br />announcement at the time and place of any previously scheduled sale. Lender or Lender's designee may <br />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 Trustee'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, but not limited to, Trustee's fees actually incurred reasonable attorneys' fees as <br />permitted by Applicable Law; (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 <br />Trust, due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this <br />Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale 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 if: <br />(a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration <br />occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of <br />Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and <br />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 sums secured by this Deed of Trust shall continue unimpaired. Upon such payment <br />and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if <br />no acceleration had occurred. <br /> <br />AM76NE (0311) <br /> <br />Page 5 of7 <br /> <br />.Jl084499334 <br /> <br />Initials: /11 <br />Form 3828 <br /> <br />0084499334 - 9704 <br />12/29/2005 3:33:34 <br /> <br />AM76ne5 (05/2005)Rev.02 <br />
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