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<br />200701003 <br /> <br />of all sums sl:eurcd by this Deed of Trust. [!owl:wr, this option shall not be nefclscd by Lender if exercise is <br />prohibited by federal law as of the date of this I)eed of Trust. <br />If Lender exercises this option, I,ender shall giVt: Borrower notice of acceleration. The notice shall provide <br />lj period of not less than 30 days from the date the notice is delivered or mailed wlthm which Borrower must pay all <br />sums secured hy this Deed of Trust. if 13orrower fails to pay these sums prior to the expiration of this period, <br />Lender may invoke any remedies pemlitted by this I ked of Trust without further nolice or demand on Bon'ower. <br /> <br />NON-UNIFORM COVI ':N^NTS. Borrower and Lender rurthur covenant and agree as follows <br />17. Acceleration; Remedies. I':xcept as provided in paragraph 16 hereof, upon Borrower's breach of any <br />covenant or agreement of Borrower m this I ked of Trust. including Borrower's failure to pay, hy the end of ]() <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 hereof specifying (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 breach <br />must be cured; and (4) that failurc to cure such breach on or before the date specified in the notice may result in <br />acceleration of the SUIIlS secured by thIS Deed of Trust and sale of the Properly. The notice shall further infonn <br />Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of <br />a default or any other defense of Bon-ower to acceleration and sale. [I' the breach is not cured on or before the date <br />specified m the notice, Lendcr, at Lender's option, may declare all of the sums secured by this Deed of Trust to he <br />immediately due and payahle without further demand and may invoke the power of sale and any other rcmcdies <br />permitted by applicable law. Lender shall be entitled to collect all reasonuhlc eosts and expenses incurred m <br />pursuing the remedies provided in this paragraph 17, including, but not limited to, rcasonahle attorneys' fees. <br />[I' the power of sale is invokcd, 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 sllch notice in the rnarlller prescribed hy applicable <br />law to Ron-ower and to thc other persons prescribed by applicable law, After the lapse of such time as may he <br />reqUIred hy applicable law, Tmstee shall give puhlic notice of sale to the pcrsons and in the manner prescribed by <br />applicable law. Trustee, without denmnd on13olTower, shall sell the Property at public auction to the highest bidder <br />at the time and place and under the terms designated in the notice of sale in one or more parcels and in sueh order as <br />Trustee may dcterrnine. Trustee may poslpone sale of all or any parcel of the Property by public announcement at <br />the timc and pluee of any previously scheduled sale. I ,ender or I ,ender's designec nmy purchase the Property at any <br />sale, <br />Upon reccipt of payment of the price bid,rrustee shall deliver to the purchaser Trustee's deed conveying <br />the Propcrty sold, The recitals in the Trustec's deed shall be prima filCie evidence of the truth of the statements <br />made therem. Trustee shall apply thc proceeds of the sale in the following order: (a) to all reasonable costs and <br />expenses of the sale, including, but not limited to, Tmstee's fees uetually incurred of not more than <br />% of the gross sale pricc, reasonahle attomeys' fees and costs of title evidence; (b) to all sums <br />secured by this Deed of Trust; and (c) the excess, if uny, to the person or persons legully entitled thereto. <br />18. Borrowcr's Right to I{einstate. Notwithstanding Lcnder's acceleration of the sums secured by this <br />Deed of '1'111st, due to Borrower's breach, Borrowcr shall have thc right to havc any proceedings beglm by Lender to <br />enfi)fce thIS Deed of Trust dlscontinued at an~' time prior to the earlier to oecllr or (i) the fifth day before the sale of <br />the Property pursuant to the power of sale contained in this Deed of Tmst or (ii') entry or a judgment enforcing this <br />Deed of Trust if: (n) Borrower pays Lender all sums which would be then due under this Deed of Trust und the <br />Note lmd no accelcration occLlfTed; (b) BOrTowcr cures all breaches of mlY other covenants or agreements of <br />BOrTower contained in this Dccd of Trust; (c) Borrower pays all reasonahle expenses incurrcd hy Lender and <br />Trustee in enforcing the covenants (md agreements of Borrower eonlBined m this Deed of Trusl and m enforcing <br />Lender's and Trustee's remedies as provided in paragraph 17 hereof, including, but not limited to, rcasonable <br />attorneys' Ices; and (d) Bon-ower takes such action as Lender may reasonably rcquire to assure that the lien of this <br />Deed of Tmst, 1 ,ender's mterest mthe Properly and Borrower's obligation to pay the sums sel;lIred by this Deed of <br />Trust shall continue unllnpaired. Upon such payment und cure by Borrower, this Deed of Trust and the obligations <br />secured herehy shull remain in full force und effect us ifno acceleration had oecllrred. <br />I <), Assignment of Rents; Appointment of Receiver; Lender in PossessIOn As additional security <br />hereundcr, Borrower hereby assigns to Lcndcr the rents of the Property, provided that BOITower shall, prior to <br />acceleration under puragraph 17 hereoi' or abandonment of the Property, have the fight to collect and retain such <br />rents as they hecome due and payable. <br />Upon acceleration under puragmph 17 hereof or abandonment of the Property, Lender, in person, by agent <br />or by Judicially appointed rel:eiver shall be entitled to entcr upon, take possession of and manage the Prope)1y and to <br />collect thc rents of the Property including those past due. All rents collccted hy Lender or the receiver shall be <br />applied first to payment of the costs of management of the Property and collection of rents, including, but not <br />limited to, receiver's fees, premiums on receiver's bonds and reasonable atlomeys' fces, and then to the sums <br />secured by this Deed of Trust. Lender and the reeelVer shall be liahle to account only for those rents actually <br />received. <br />20. Reeonveyanl:e. Upon paYlllent of all SUITlS secLa'ed by this 1 )eed of Trust, Lender shall request Trustee <br />to reconvey the Property and shall surrender this Deed of Trust and all notes evidcncing indehtedness secured by <br />this Deed of Trust to Tmstcc. Trustee shall reconvcy thc Property without warranty and without charge to the <br />person or persons legally entitled thereto. Such pcrson or persons shall pay all costs of recordation, if any. <br />21. Substitute Tnlstee. Lender, at Lender's option, may from time to time remove Trustee and uppoint a <br />successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this I)eed of <br />Trust is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and <br />duties conferred upon the Trustee hercin and hy applicable law. <br />22. Request for Notices, BOrTowcr requests that copies of the notice of default and notice of sale be sent <br />to Bon-ower's address which is the Property ^ddress. <br /> <br />bge 4 of5 <br /> <br />Tnitials: 13f).~ <br /> <br />FF-4J 51 (I\E) (()2()<J) <br />