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<br />200701195 <br /> <br />If the power of lale il invoked, Trustee Ihall record a notice of default in each county in which the <br />Property or some part thereof il located and IhaD maD copies of such notice in the manner prescribed <br />by appUeable law to Borrower and to the other persons prescribed by appUcable law. After the lapse <br />of IUch time as may be required by appDcable law, Trultee shall give public noUce of lale to the <br />persons and in the manner prescribed by appUca.ble law. Trustee, without demand on Borrower, shall <br />sell the Property at pOOUc auction to the highest bidder at the time and place and under the terms <br />designated in the notice of sale in one or more parcels and in such order as Truatee may determine. <br />Trustee may postpone sale of all or any parcel of the Property by pubUe announcement at the time and <br />place of any previously scheduled sale. Lender or Lender's designee may purcbase the Property at any <br />sale. <br />Upon receipt of payment of the price bid, Trustee shall deUver to the purchaser Trustee's deed <br />conveying the Property sold. The recitais in the Trustee's deed shall be prima fade evidence of the <br />truth of the sbttements made therein. Trustee shall apply the proceeds of the sale in the foDowing <br />order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, Trustee's fees <br />actuaDy Incurred of not more than A 0/'0 of the gross sale price, reasonable attorneys' fees and costs <br />of title evidence; (b) to all sums lecured by this Deed of Trust; and (e) the excelS, if any, to the person <br />or persoDs legally entitled thereto. <br />18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this <br />Deed of Trust, due to Borrower's breach, Borrower shall have the right to have any proceedings begun by <br />Lender to enforce this Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth <br />day before the sale of the Property pursuant to the power of sale contained in this Deed of Trust or (ii) <br />entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would be <br />then due under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all <br />breaches of any other covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower <br />pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenanl8 and agreements of <br />Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in <br />paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such <br />action as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in <br />the Property and Borrower's obligation to pay the sums secured by this Deed of Trost shall continue <br />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 <br />hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, <br />prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect <br />and retain such rents as they become due and payable. <br />Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by <br />agent or by judicially appointed receiver shall be entitled to enter upon. take possession of and manage the <br />Property and to collect the rents of the Property including those past due. All rents collected by Lender or <br />the receiver shall be applied frrst to payment of the costs of management of the Property and collection of <br />rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable <br />attorneys' fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable <br />to account only for those rents actually received. <br />20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request <br />Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing <br />indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without <br />warranty and without charge to the person or persons legally entitled thereto. Such person or perwns shall <br />pay all costs of recordation. if any. <br />21. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint <br />a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which <br />this Deed of Trust is recorded. Without conveyance of the Property, the successor trustee shall succeed to <br />all the title, power and duties conferred upon the Trustee herein and by applicable law. <br />22. Request for Notices. Borrower requests that copies of the notice of default and notice of sale be <br />sent to Borrower's address which is the Property Address. <br /> <br />Form 3818 (page 5 of 7 pages) <br /> <br />11111111111111111111I 111111111111111111111 <br />