Laserfiche WebLink
<br />, ' <br /> <br />shall not be exe;cised oy Lender if exercise is prohibited by federal law as of the date of this <br />Deed of Trust, or if Lender has executed a separate written waiver of this option. <br /> <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The <br />notice shall provide a period of not less than thirty (30) days from the date the notice is <br />delivered or mailed within which Borrower must pay all sums secured by this Deed of Trust. <br />If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke <br />any remedies permitted by this Deed of Trust without further notice or demand on Borrower. <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as <br />follows: <br /> <br />16. Acceleration; Remedies. Except as provided in paragraph 15 hereof, upon <br />Borrower' s breach of any covenant or agreement of Borrower in this Deed of Trust, including <br />the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to <br />acceleration shall give notice to Borrower as provided in paragraph 11 hereof specifying: (1) <br />the breach; (2) the action required to cure such breach; (3) a date, not less than ten (10) days <br />from the date of notice is mailed to Borrower, by which such breach must be cured; and (4) <br />that failure to cure such breach on or before the date specified in the notice may result in <br />acceleration of the sums secured by this Deed of Trust and sale of the Property, The notice <br />shall further inform Borrower of the right to reinstate after acceleration and the right to bring a <br />court action to assert the nonexistence of a default or other defense of Borrower to acceleration <br />and sale. Lender shall be entitled to collect all reasonable costs and expenses incurred in <br />pursuing the remedies provided in this paragraph 16, including, but not limited to, reasonable <br />attorney's fees. <br /> <br />If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a <br />written notice of the occurrence of an event of default and of Lender' s election to cause the <br />Property to be sold and shall cause such notice to be recorded in each county in which the <br />Property or some part thereof is located. Lender or Trustee shall mail copies of such notice in <br />the manner prescribed by applicable law. Trustee shall have public notice of sale to the <br />persons and in the manner prescribed by applicable law. After the lapse of such time as may <br />be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at <br />public auction to the highest bidder at the time and place and under the terms designated in the <br />notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may <br />postpone sale of all or any parcel of any previously scheduled sale. Lender or Lender's <br />designee may purchase the Property at any sale. <br /> <br />Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold <br />without any covenant or warranty, expressed or implied. The recitals in the Trustee' s deed <br />shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply <br />the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the <br />sale, including, but not limited to, reasonable Trustee' s and attorneys' fees and costs oftitle <br />evidence; (b) to all sums secured by this Deed of Trust; and ( c) the excess, if any, to the <br />person or persons legally entitled thereto. <br /> <br />5 <br />