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<br />200700397 <br /> <br />Deed of Trust, continued <br /> <br />cffibank~ <br /> <br />12. GOVERNING LAW; SEVERABILITY. The Deed of Trust will be governed by United States federal law and, <br />to the extent the United States federal law is inapplicable, then by the laws of the State of Nevada; except that, with <br />regard to the perfection and enforcement ofCitibank's security interest in the Property, the Deed of Trust will be <br />governed by the law of the state where the Property is located. <br /> <br />13. TRUSTOR'S COPY. Trustor shall be furnished with a conformed copy of the Note and of this Deed of Trust at <br />the time of execution or after recordation hereof. <br /> <br />14. REHABILITATION LOAN AGREEMENT. Trustor shall fulfill all of Trustor's obligations under any home <br />rehabilitation, improvement, repair, or other loan agreement which Trustor enters into with Lender. Lender, at <br />Lender's option, may require Trustor to execute and deliver to Lender, in a form acceptable to Lender, an <br />assignment of any rights, claims or defenses which Trustor may have against parties who supply labor, materials or <br />services in connection with improvements made to the Property. <br /> <br />15. DUE ON TRANSFER PROVISION - TRANSFER OF THE PROPERTY. If all or any part of the Property or <br />any interest in it is sold or transferred (or if a beneficial interest in Trustor is sold or transferred and Trustor is not a <br />natural person) without Lender's prior written consent, Lender may, at Lender's option, require immediate payment <br />in full of all sums secured by this Deed of Trust. However, Lender shall not exercise this option if the exercise is <br />prohibited by applicable law as of the date of this Deed of Trust. If Lender exercises this option, Lender shall give <br />Trustor notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is <br />delivered or mailed within which Trustor must pay all sums secured by this Deed of Trust. If these sums are not <br />paid prior to the expiration of this period, Lender may invoke any remedies permitted by this Deed of Trust without <br />further notice or demand on Trustor. <br /> <br />NON-UNIFORM COVENANTS. <br /> <br />Trustor and Lender further covenant and agree as follows: <br /> <br />16. ACCELERATION: REMEDIES. EXCEPT AS PROVIDED IN PARAGRAPH 15 HEREOF, UPON <br />TRUSTOR'S BREACH OF ANY COVENANT OR AGREEMENT OF TRUSTOR IN THIS DEED OF TRUST, <br />INCLUDING THE COVENANTS TO PAY WHEN DUE ANY SUMS SECURED BY THIS DEED OF TRUST, <br />LENDER PRIOR TO ACCELERATION SHALL GIVE NOTICE TO TRUSTOR AS PROVIDED IN <br />PARAGRAPH 11 HEREOF SPECIFYING: (1) THE BREACH; (2) THE ACTION REQUIRED TO CURE SUCH <br />BREACH; (3) A DATE, NOT LESS THAN 10 DAYS FROM THE DATE THE NOTICE IS MAILED TO <br />TRUSTOR, BY WHICH SUCH BREACH MUST BE CURED; AND (4) THAT FAILURE TO CURE SUCH <br />BREACH ON OR BEFORE THE DATE SPECIFIED IN THE NOTICE MAY RESULT IN ACCELERATION OF <br />THE SUMS SECURED BY THIS DEED OF TRUST AND SALE OF THE PROPERTY. THE NOTICE SHALL <br />FURTHER INFORM TRUSTOR OF THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE <br />RIGHT TO BRING A COURT ACTION TO ASSERT THE NONEXISTENCE OF A DEFAULT OR ANY <br />OTHER DEFENSE OF TRUSTOR TO ACCELERATION. IF THE BREACH IS NOT CURED ON OR BEFORE <br />THE DATE SPECIFIED IN THE NOTICE, LENDER, AT LENDER'S OPTION, MAY DECLARE ALL OF THE <br />SUMS SECURED BY THIS DEED OF TRUST TO BE IMMEDIA TEL Y DUE AND PAYABLE WITHOUT <br />FURTHER DEMAND AND MAY INVOKE THE POWER OF SALE AND ANY OTHER REMEDIES <br />PERMITTED BY APPLICABLE LAW. LENDER SHALL BE ENTITLED TO COLLECT ALL REASONABLE <br />COSTS AND EXPENSES INCURRED IN PURSUING THE REMEDIES PROVIDED IN THIS PARAGRAPH <br />16, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES. THE POWER OF SALE <br />CONFERRED BY THIS DEED OF TRUST AND BY APPLICABLE LAW IS NOT AN EXCLUSIVE REMEDY <br />AND TRUSTOR MAY CAUSE THIS DEED OF TRUST TO BE FORECLOSED AS A MORTGAGE. <br />If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of the <br />occurrence of an event of default and of Lender's election to cause the Property to be sold and shall cause such <br />notice to be recorded in each county in which the Property or some part thereof is located. Trustee shall advertise <br />the time and place of sale of the Property, before date of sale in a newspaper in each county in which the Property is <br /> <br />CFX-F-SI-703-NE <br />MA TI-IESON <br /> <br />40f7 <br /> <br />Revised (1)127/2006 <br />ACAPS: 106122615007000 <br />