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<br />200703355 <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Acceleration; Remedies. Except liS provided in paragraph 16 hereof, upon Borrower's breuch 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 />cnlendur days after they are due, any sums secured by this Deed of Trust, Lender prior to accl!1eratlon shall <br />give notice to Borrower as provided in paragraph 12 bereof specitying: (1) the breach; (2) the action required 10 <br />cure such breach; (3) a date, not less tban 20 days from the date the notice Is mailed to Borrower, by which <br />such breach must be cured; and (4) that flllJure to cure such breach on or before the dllte specilied in the notice <br />may result in llccelerlltion of the sums secured by this Deed of Trust Imd 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 Ii default or any other defense of Borrower to acceleration and sale. If the breach is <br />not cured on or before the date specilied in the notice, Lender, at Lender's option, may declare all of the sums <br />secured b)' this Deed of Trust to be immediately due and payable without further demand and may invoh:e the <br />power of sale and any other re!medies permitted by applicable law. Lender shall be entitled to coiled ull <br />rellsonable costs and expenses incurred In pursuing the remedies provided in this paragraph 17, including, but <br />not limited to, reasonable attllrneys' fees. <br />If the puwer of sale Is invol,ed, Trustee shall recurd 11 notice of defnult in each count)' in which the <br />PI'UI)!!I.ty or some llilrt thereof is located llnd shull mail copies of such noticc in the IlHlllllel' prescribed by <br />applicable luw to Borrower and lo the other persons prescribed by applicable law. After the lapse of such time <br />us may be required by upplicable law, Trustee shull give public notice of sale to the persons and in the manner <br />prescribed by applicable law. Trustee, withuut demand on Borrower, shall sell the Property Ilt public tluction <br />to the highest bidder at the time :md place and under the terms designated in the notice of sllle in one or more <br />parcels und in such order as Trustee may determine. Trustee! muy postpone sllle of all or llny parcel of the <br />Property by public announcement at the time and placl! of any previously scheduled sale. Lender or Lender's <br />designee mllY 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 I'roperty sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements <br />m:lde 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 rellsonable attorneys' <br />fees as permitted by Applicable Law; (b) to ull sums secured by this Deed of Trust; and (c) thl! 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 Lo 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 n judgment enforcing this Deed <br />of Trust if: (a) Borrower pays Lender all sums which would be then due under this Decd of Tnlst and the Note had <br />no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower <br />contnined in this Deed of Trust; (c) Borrower pays all reasonable expenses incun"cd by Lender and Trustee in <br />enforcing the covenants and agreements 01' Borrower contained in this Deed of Trust and in clllbrcillg Lender's and <br />Trustee's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; ,md <br />(d) Borrowcr takes such action as Lender may reasonably require to assure that the lien of this Deed 01' 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 uf Re!ceiver; Lender in Possession. As additional security hereunder, <br />Borrower hereby assigns 10 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 coilect and relain such rents as they <br />become due and payable. <br /> <br />Pogo 5 Qf 7 <br /> <br />lnlli.ls: ~O~ 7329 <br /> <br />Form 382B <br /> <br />2007-862321 <br />076N(NE) (05D9) <br />~ <br /> <br />100049700008623213 <br />