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. <br /> � 9�- zc,z�oo <br /> date speci6ed in the notice,I.ender,at Lender's option,may declare all of the sums secured by this Deed of Trust <br /> to be immediately due and payable without further demand and may invoke the power of sale and any other <br /> remed�s pe�mitted by applicable law. Lender shall be e,ntitkd to rnllect all reasonable costs and expenses incurred <br /> in puisuing the remedies provided in this paragraph 17, including, but not 6mited to, reasonable attomeys' fees. <br /> If the power of sale is invoked, Trustee shall record a notice of default in each county iu which the <br /> Property ar some part thereof is located and shaU mail copies of such notice in t6e manner prescribed by <br /> appllcable law to Borrower and to the ot6er persons prescribed by applicable law. After the lapse of such time <br /> as may be requfired by applicable law,Trustee shall give public notice of the sale to the persons and in the manner <br /> prescribed by applicable law. Trustee,without demand on Borrower,shall sell the Property at public auction to <br /> the highest bidder at the time and place and under the tams designated in the notice of sale in one or more parcels <br /> and!n such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by <br /> public 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 paym�t of the prke bid,'l�ustee shall deliver to the purehaser Trustee's deed conveying <br /> the Property sold. The recltals In the Trustee's dced shall be prima facie evidence o[the truth of the statements <br /> made therein.Trustee shall apply the proceeds of t6e sale ln 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 0.000% <br /> of the gross sale price, reasonable attorneys' fees and costs of title evklence; (b) to all sums secured by this Deed <br /> of Trust;and (c)the excess, if any, to the person or persons legally eatitled thereto. <br /> 18. Bomower's Rig6t to Reinstate. Notwithstanding Lender's acceleradon of the sums secured by this Deed <br /> of Tcust,due ro Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce <br />� this Deed of Tiust discontiniued at any tune prior ro the eazlier to occur of(I)the fifth day before the sale of the Property <br /> pursuant to 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 acceleradon <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 limiied to, reasonable attorneys' fees; and(d)Borrower takes such acdon as <br /> Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property and <br /> Bonower's obligadon to pay the sums secured by ttus Deed of Trust shall continue unimpaired. Upon such payment <br /> and cure by Bonower, this Deed of Trust and the obligadons secured hereby shall remain in full force and effect as if <br /> no acceleration had occurred. <br /> 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security <br /> hereunder, Bonower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to <br /> acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents <br /> as they become due and payable. <br /> Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or <br /> by judicially appointed receiver shall be entided ro 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 collecdon of rents, including, but not limited to, receiver's fees, <br /> premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. <br /> 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 <br /> to reconvey the Property and shall sunender this Deed of Trust and all notes evidencing indebtedness secured by this <br /> Deed of trust W Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or <br /> persons legally endded 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 uustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Deed of Trust <br /> is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title,powers and duties <br /> confened upon the Trustee herein and by applicable law. <br /> 22. Request for Not�ce. Borrower requests that copies of the notice of default and notice of sale be sent to <br /> Bonower's address wluch is the Property Address. <br /> Lsae�floe(TM)by Defphi Inlarmation Scienaes Carp. DE431.S'.0897 Form 3828 <br /> . Page 5 of B <br />