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200703610 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of 10 calendar days after they arc due, any sums secured by this Deed of Trust, Lender prior to acceleration shall givt: notict: to Borrower as provided in paragraph 12 hereof specifying: (I) tht: brt:ach; (2) the action required to cure such breach; (3) a date, not less than 20 days from tht: datt: the notice is mailed to Borrower, by which such breach must bt: cured; and (4) that failure to cure such breach on or before the datt: spt:cified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any otht:r lkknse of Borrower to acceleration and sale. If the breach is not cured on or beforc tht: date spt:cilied in tht: notice, Lender, at Lender's option, may declare all of tht: sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and t:xpenst:s incurred in pursuing the remedies provided in this paragraph 17, including, but not limitt:d to, reasonable attorneys' fees. If the power of sale is invoked, Trustt:e shall record a notice of default in each county in which tht: Propt:rty or some part thereof is located and shall mail copit:s of such notict: in the manner prescribed by applicable law to Borrower and to tht: other persons prt:scribed by applicable law. After the lapse of such timt: as may bt: rt:quirt:d by applicable law, Trustee shall give public notice of sale to lht: persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell tht: Property at public auction to the highest bidder at the time and place and under the terms designatt:d in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Properly by public announcement at the time and place of any previously scheduled sale. Lender or Lt:nder's designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall delivt:r to tbt: purchaser Trustee's deed conveying the Propt:rty sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements malk therein. Trustee shall apply the proceeds of the sale in the following ordt:r: (a) to all reasonable costs and expenses of the sale, including, but not limited to, Trustee s fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Deed of Trust; and (c) tht: excess, if any, to tht: pt:rson or persons legally entitled thereto. 1 S. Borrower's Right to Reinstatt:. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust. due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the Property pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver; Lender in Posst:ssion. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. G-76N(NE) (0509) @ Page 5 of 7 '"""" 0 L ~Form 3828 2007067502 2007067502