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<br />, 20070989~ ~ t';., ,'~ < 2oove1D f.p (.. ^ " . (Page 5 of 6)
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<br />If Lender invokes the power of sale, Lender or Trustee shall mail copies of' a notice of 'sate. in the manner
<br />prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. Trustee shall
<br />give' notice of sale by public advertisement for the time and in the manner prescribed by applicable law.
<br />Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash
<br />at the time and place and under the terms designated in the notice of sale in one or more parcels and in such
<br />order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property to any later
<br />time on the same date by public announcement at the time and place of any previously scheduled sale.
<br />Lender or Lender's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser
<br />Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. The
<br />recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein.
<br />, Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses
<br />of the sale, including, but not limited to, reasonable Trustee's fees and attorneys' fees and costs of title
<br />evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons
<br />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 to have any proceedings begun by Lender to enforce this
<br />Deed ()f.,Trustdiscontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the Property
<br />pursuanttb the. power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if:
<br />(a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration
<br />occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of
<br />Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and
<br />agreements of Borrower contained in this Deed of Trust, and in enforcing Lender's and Trustee's remedies as provided
<br />in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees to the extent permitted by applicable law;
<br />and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust,
<br />Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue
<br />unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall
<br />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 under
<br />pahgraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due
<br />and payable.
<br />. Upon acceleration under paragraphy 17 hereof or abandonment of ~-.~~'1'p. p~rsqn, by agent or by
<br />judiciallYilPpointed receiver, shall be entitled to enter upon, take pos S$~)qf-l/YlqqfQ.:8Q~.ge'.lhe~rtY and to co\lect
<br />the rents of the Property including those past due. All rents collectedi;eJlden;;Qr:Qxl}e.;r,ec~jy~N e applied first to
<br />, payment of the costs of management of the Property and collection i'm'rt~, tm.:lnt1lil1;, btrt-n . ited to, receiver's
<br />fEJeS, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust.
<br />L~nder and the receiver shall be liable to account only for those rents actually received.
<br />. 20. Release. Upon payment of all sums secured by this Deed of Trust, and, if this Deed of Trust secures a Revolving
<br />Loan Agreement, Borrower requests Lender to release this Deed of Trust, Lender shall cause this Deed of Trust to be
<br />released without charge to Borrower. Borrower shall pay all costs of recordation, if any.
<br />21. Substitute Trustee. Lender, at Lender's option, may from time to time appoint a successor trustee to any
<br />Trustee appointed hereunder by an instrument recorded in the county in which this Deed of Trust is recorded. Without
<br />conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the
<br />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 />23. Arbitration Rider to Note. The Arbitration Rider attached to and made a part of the Note is hereby
<br />incorporated by reference and made a part of this Deed of Trust.
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<br />*B147875C6A92DDT8000NEOOll050**BACKUS
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<br />ORIGINAL
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