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�o�� �'rng�' <br />ali sums secured by this Deed of Trust. ifi Borrower fails to pay these sums prior to the expiration of this period, Lender <br />may invoke any remedies permitted by this Deed af 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 <br />give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to <br />cure such breach; (3) a date, not less than 20 days from the date the notice is mailed to Borrower, by which <br />such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice <br />may result in acceleration of the sums secured by this Deed of Trust and 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 assert <br />the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is not <br />cured on or before the date specified in the notice, Lender, at Lender's optian, may declare all of the sums <br />secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the <br />power of sa{e and any other remedies permitted by applicable law. Lender shall be entitled to collect all <br />reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but <br />not limited to, 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 faw <br />to Borrower and to the other persons prescribed by applicable 1aw. After the lapse of such time as may be <br />required by applicable law, Trustee shafl give pubtic notice ot sale to the persons and in the manner prescribed <br />by 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 <br />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 Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements <br />made therein. Trustee shaN 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 <br />5.00 % of the gross sale price, reasonable attorneys' fees and costs of title evidence; (b) to all sums <br />secured by this 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 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 of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before sale of the Property <br />pursuant to the power of safe 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 af 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 tQ, reasonable attorneys' fees; and (d) Borrower takes such action as <br />Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property and <br />Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and <br />cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no <br />acceleration had occurred. <br />19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, <br />Bocrower hereby assigns to Lender the rents of the Property, provided that Barrower shall, prior to acce{eration under <br />paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become <br />due and payable. <br />Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by <br />judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect <br />the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to <br />payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's <br />fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed af <br />Trust. Lender and the receiver shall be liable to account only for those rents actually 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 this <br />Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or <br />persons legatly 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 of <br />Trust is recorded. Without conveyance of the Property, the successor trustee shafl succeed to all the title, power and <br />duties conferred upon the Trustee herein and by applicable law. <br />22. Request for Notices. 8orrower requests ihat copies of the notice of default and notice of sale be sent to <br />Borrower's address which is the Property Address. <br />�� �1 �Z�^ <br />ENE204 revised 10/2001 (LASER) 6849LL <br />