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<br />200701906 <br /> <br />all sums secured by this Deed of Trust. If Borrower fails to pay these sums prior to the expiration of this period, <br />Lender may invoke any remedies permitted by this Deed of Trust without further notice or demand on Borrower. <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 breach 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 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 <br />breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may <br />result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further <br />inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the <br />nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach.is not cured on <br />or before the date specified in the notice, lender, at lender's option, may declare all of the sums secured by this <br />Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and <br />any other remedies permitted by applicable law. lender shall be entitled to collect all reasonable costs and <br />expenses incurred in pursuing the remedies provided in this paragraph 17 ,including, but not limited to, <br />reasonable attorneys' fees. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which the Property <br />or some part thereof is located and shall mail copies of such notice in the manner prescribed by applicable law to <br />Borrower and to the other persons prescribed by applicable law. After the lapse of such time as may be required <br />by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by <br />applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest <br />bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in <br />such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public <br />announcement at the time and place of any previously scheduled sale. lender or lender's designee may purchase <br />the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made <br />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 of not more than 5.00 % <br />of the gross sale price, reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this <br />Deed of Trust; and (c) the excess, if any, to 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 <br />of Trust, due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to <br />enforce this Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before sale of <br />the Property pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing <br />this Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust and <br />the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of <br />Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and <br />Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust, and in enforcing <br />Lender's and Trustee's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable <br />attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of <br />this Deed of Trust, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this <br />Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the <br />obligations secured 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 <br />they become due and payable. <br />Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or <br />by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to <br />collect the rents of the Property including those past due. All rents collected by 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 attorneys' fees, and then to the sums <br />secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually <br />received. <br />20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to <br />reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by <br />this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the <br />person or persons legally entitled thereto. Such person or persons shall 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 a <br />successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Deed <br />of Trust is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, <br />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 sent to <br />Borrower's address which is the Property Address. <br /> <br />1./ <br /> <br /> <br /> <br />""" '_'00' wnom ,~"" ".~ ~ <br />