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200610121 DOC 10 #: 00015229502710006 im.'Urred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees. H 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 manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the lapse of such time 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 terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. 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 therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable cost.. and expenses of the sale, including, but not limited to, Trustee's fees actually incurred and reasonable attorueys' fees as permitted by Applicable Law; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of thc sums secured by this Deed of Tmst, due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Tmst discontinued at any timc prior to the earlier to occur of (i) thc fifLh day bcforc the sale of the Property pursuant to the power of salc contained in this Deed of Tmst or (ii) cntry of a judgmcnt enforcing this Deed of Tmst if: (a) Borrower pays Lcndcr all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenant.. or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all reallonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower conlained in this Deed of Trust and in enforcing Lender's and Tmstee's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action all Lender may reasonably require to assure that the lien of this Deed of Tmst, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Tmst shall continue unimpaired. Upon sueh 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 occurred. 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to accelemtion 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 be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the reeeiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of TmsL Lender and the receiver shall be liable to account only for those rents actually received. 20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Tmst and all notes evidencing indebtedness secured by this Deed of Tmst to Tmstee. 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, at Lender's option, may from time to time remove Trustee and appoint a successor trustee to any Tmstee appointed hereunder by an instrument recorded in the county in whieh this Deed of Trust is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law. . -76N(NE) (0509) CHL (05/06) @ Page 6 ala Form 3828