RES 231425 - Laserfiche WebLink

and of the right to bring a court action, after exhaustion of administrative remedies, to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender at Lender's option may declare all ofthe sums secured by this Deed ofTrust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 20, including, but not limited to, reasonable attorneys' fees. Lender shall execute or cause Trustee to execute a written notice of the occurrence of an event ofdefault and of Lender's election to cause the Property to be sold and shall cause such notice to be recorded in which the Property or some part thereof is located. Lender or Trustee shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels in such order as Trustee may determine. Trustee may postpone sale of all or any parcel ofthe Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence ofthe truth ofthe statements made therein. Trustee shall apply the proceeds ofthe sale in the following order: (a) to all reasonable costs and expenses ofthe sale, including, but not limited to, reasonable Trustee's and attorneys' fees and costs oftitle evidence; (b)to all sums secured by senior deeds oftrust; (c)all sums secure by this Deed of Trust, as evidenced by the Note; and (d)the excess, ifany, to the person or persons legally entitled thereto. 21.Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed ofTrust, Borrower shall have the right to have any proceedings begun by Lenderto enforce covenants ofthis Deed ofTrust relating to sums due and payable by Borrower discontinued at any time prior to five (5) days before the Property is first scheduled for sale pursuant to the power of sale contained in this Deed of Trust or at anytime prior to entry of judgment enforcing this Deed ofTrust if: (a) Borrower pays Lender all sums which would be then due under this Deed ofTrust, the Note and notes securing Future Advances, if any, had no acceleration occurred; (b) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust, and in enforcing Lender's and Trustee's remedies as provided in Section 20 hereof, including, but not limited to, reasonable attorneys'fees; and (c) Borrower takes such action as Lender's interest in the Property and Borrower's obligation to pay the sum secured by this Deed ofTrust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had 8