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<br />200802648 <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as <br />follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to <br />acceleration following Borrower's breach of any covenant or agreement in this Security <br />Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides <br />otherwise). The notice shall specify: (a) the default; (b) the action required to cure the <br />default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by <br />which the default must be cured; and (d) that failure to cure the default on or before the <br />date specified in the notice may result in acceleration of the sums secured by this Security <br />Instrument and sale of the Property. The notice shall further inform Borrower of the right <br />to reinstate after acceleration and the right to bring a court action to assert the <br />non-existence of a default or any other defense of Borrower to acceleration and sale. If the <br />default is not cured on or before the date specified in the notice, Lender at its option may <br />require immediate payment in full of all sums secured by this Security Instrument without <br />further demand and may invoke the power of sale and any other remedies permitted by <br />Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the <br />remedies provided in this Section 22, including, but not limited to, reasonable attorneys' <br />fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each <br />county in which any part of the Property is located and shall mail copies of such notice in <br />the manner prescribed by Applicable Law to Borrower and to the other persons prescribed <br />by Applicable Law. After the time required by Applicable Law, Trustee shall give public <br />notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, <br />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 <br />more parcels and in any order Trustee determines. Trustee may postpone sale of all or any <br />parcel of the Property by public announcement at the time and place of any previously <br />scheduled sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser <br />Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima <br />facie evidence of the truth of the statements made therein. Trustee shall apply the <br />proceeds of the sale in the following order: (a) to all costs and expenses of exercising the <br />power of sale, and the sale, including the payment of the Trustee's fees actually incurred <br />and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by <br />this Security Instrument; and (c) any excess to the person or persons legally entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, <br />Lender shall request Trustee to re-convey the Property and shall surrender this Security <br />Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee <br />shall reconvey the Property without warranty to the person or persons legally entitled to it. Such <br />person or persons shall pay any recordation costs. Lender may charge such person or persons a <br />fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) <br />for services rendered and the charging ofthe fee is permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee <br />and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in <br />the county in which this Security Instrument is recorded. Without conveyance of the Property, <br />the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein <br />and by Applicable Law. <br /> <br />NE lSTMTGl064 vi <br /> <br />(page 15 of 16 pages) <br />