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<br />. ' <br /> <br />200600779 <br /> <br />may result in acceleration of the sums secured by this 'Deed of Trust and sale of the Property. The notice shall <br />further inform Borrower' of the right to reinstate afie. 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 be immediately due and payable without further demand and may invoke the <br />power of sale and any other remedies permitted by uuplicable law. Lender shall be entitled to collect all <br />reasonable costs and expenses incurred in pursuing;". I"emedies provided in this paragraph 17, including, but <br />not limited to, reasonable attorneys' fees. <br />If the power of sale is invoked, Trustee ~-',;;:e~~r;:1 q notice of default in each county in which the <br />Property or some part thereof is located and .;hai~ h.oti. copies of such notice in the manner prescribed by <br />applicable law to Borrower and to the other persons prescribed hy apolicable law. After the lapse of such time <br />as may be required by applicable law, Trustee shalli.iivr.. Ar~!:- .v,<c" of sale to the persons and in the manner <br />prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property 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 />Property bypublil;' IUJUQ1lJ1c.em!\nt at the .lime aQ<l placeoLany previously scheduled sale. Lender or Lender's <br />designee may purchase the Property at any sale. C ",--- ,- - '- -, -,-- - - -- - - <br /> <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 ~han be prima facie evidence of the truth of the statements <br />made therein. Trustee shall apply the proceeds of thp sa'p. in the following order: (a) to all reasonable costs and <br />expenses of the sale, including, but not limited t;:,;'frustee's fees actually incurred of not more than <br />5 % of the gross sale price, reasonable attorneys' fees and costs of title evidence; (b) 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 /> <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, Borrowershall 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 CP<:.:': .If (i) the fifth day before the sale of the <br />Property pursuant to the power of sale contained in this Deed of TruSI 0:' ~:i) entry of a judgment enforcing this Deed <br />of Trust if: (a) Borrower pays Lender all sums which V'.'~,;:~:: ',,," ~hh' 01le under this Deed of Trust and the Note had <br />no acceleration occurred; (b) Borrower cures all 'l.'!(;d "~.", ': d iulY vIiler 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 com,,:iied in this Deed 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 ace.;,Jic;atfon 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 tJ,:;:, p, ~;~;.;,;-~~, IJrovided that Borrower shall, prior to acceleration <br />und~[ paragraph ! -: hereof or abandot'~'1lent of the -~':', 1>'<' _ ~~" ~ the right to c-~llect and retain such rents as they <br />become due and payabie. -- " . , " , <br />Upon acceleration under paragraph 17 hereof or t~'~'~i:;'-"n:i:'f:)~'" 'Property, Lender, in person, by agent or <br />by judicially appointed receiver shall be entitled to ent';r upon, ,alee possessiQn of and manage the Property and to <br />collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be <br />applied first to payment of the costs of management of the Property and coller.:tion of rents, including, but not limited <br />to, receiver's fees, premiums 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 th0se rents actually received. <br />20. Reconveyance. 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 nNes evidencing indebtedness secured by this <br />Deed of Trust to Trustee. Trustee shall reconvey the Prop;':~y without warranty and without charge to the person or <br />persons legally entitled thereto. Such person or persons s;hal\pay all costs of recordation, if any. <br />21. Substitute Trustee. Lender, at Lender's ojlthiimay from time to time remove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder b} ill. instrument recorded in the county in which this Deed of <br />Trust is recorded. Without conveyance of the Property,. the successo~trustee shall succeed to all the title, power and <br />duties conferred upon the Trustee herein and by applicarl'~-\aw. <br />22. Request for Notices. Borrower requests that copies of ll1~ notice of default and notic~J!ftle beoe.ltAS' <br />Borrower's address which is the Property Address. Inltlals:~ f./1Id-"- <br />. -76INE) (00071,01 Page 5 of 6 Form 3828 <br />~ ' <br />