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91294667 <br />If Lender invokes the power of sale, Lender shall execute or cause Trustee to <br />execute a written notice of the occurrence of an event of default and of Lender's <br />election to cause the Property to be sold and shall cause such notice to be recorded in <br />each county to which the Property or some part thereof is located. Lender or Trustee <br />shall mail copies of such notice in the manner prescribed by applicable law. Trustee <br />shall have public notice of sale mailed to the persons and in the manner prescribed by <br />applicable law. After the lapse of such time as may be required by applicable law, <br />Trustee, without demand on Borrower, shall sell the Property at public auction to the <br />highest bidder at the time and place and under the terms designated in the notice of <br />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 <br />Lender's designee may purchase the Property at any sale. <br />Trustee shall deliver to the purchaser Trustee's deed conveying the Property so <br />sold without any covenant or warranty, expressed or implied. The recitals in the <br />Trustee's deed shall be prima facie evidence of the truth of the statements made <br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all <br />reasonable costs and expenses of the sale, including, but not limited to, reasonable <br />Trustee's and attorneys' fees and costs of title evidence; (b) to all sums secured by <br />this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled <br />thereto. <br />15. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration <br />of the sums secured by this Deed of Trust due to Borrower's breach, Borrower shall <br />have the right to have any proceedings begun by Lender to enforce this Deed of Trust <br />discontinued at any time prior to five (5) days before sale of the Property pursuant to <br />the power of sale contained in this Deed of Trust or at any time prior to entry of a <br />judgment enforcing this Deed of Trust if. (a) Borrower pays Lender all sums which <br />would be then due under this Deed of Trust if the Note had no acceleration <br />provision; (b) Borrower cures all breaches of any other covenants or agreements of <br />Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable expenses <br />incurred by Lender and Trustee in enforcing the covenants and agreements of <br />Borrower contained in this Deed of Trust, and in enforcing Lender's and Trustee's <br />remedies as provided herein, including, but not limited to, reasonable attorney's fees; <br />and (d) Borrower takes such action as Lender may reasonably require to assure that <br />the lien of this Deed of Trust, Lender's interest in the Property and Borrower's <br />obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. <br />Upon such payment and cure by Borrower, this Deed of Trust and the obligations <br />secured hereby shall remain in full force and effect as if no acceleration had occurred. <br />Economic Development Agency Page 6 of 8 <br />Deed of Trust - Empire Austin San Leandro Partnership October 29, 1997 <br />