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<br />.. <br /> <br />200700546 <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 hreach 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 <br />give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to <br />cure such breach; (3) a date, not less than 20 days from the date the notice is mailed to Borrower, by which <br />such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice <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 after 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 applicable law. Lender shall be entitled to collect all <br />reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but <br />not limited to, reasonable attorneys' fees. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which the <br />Property or some part thereof is located and shall mail copies of such notice in the manner prescribed by <br />applicable law to Borrower and to the other persons prescribed by applicable law. After the lapse of such time <br />as may be required by applicable law, Trustee shall give public notice 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 by public announcement at the time and place of any previously scheduled sale. Lender or Lender's <br />designee may 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 and reasonable attorueys' <br />fees as permitted by Applicable Law; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to <br />the 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 <br />this Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the <br />Property pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed <br />of Trust if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had <br />no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower <br />contained in this Deed of Trust; (c) Borrower pays all rea.<;onable expenses incurred by Lender and Trustee in <br />enforcing the covenants and agreements of Borrower contained 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 acceleration 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 the Property, provided that Borrower shall, prior to acceleration <br />under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they <br />become due and payable. <br /> <br />2530030034 <br /> <br />.-76N(NE) (0407) <br />~ <br /> <br />Initials: ~ ~ . <br /> <br />P~e 5 of 7 <br /> <br />Fonn 3828 <br />