Laserfiche WebLink
20120277� <br />Borrower as trustee for benefit of Lender only, to be applied to the sums secured by this Security <br />Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) <br />each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's <br />written demand to the tenant. <br />Borrower has not executed any prior assignment of the rents and has not and will not perform any act <br />that would prevent Lender from exercising its rights under this Paragraph 19. <br />Lender shall not be required to enter upon, take control of or maintain the Property before or after giving <br />notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time <br />there is a breach. Any application of rents shall not cure or waive any default or invalidate any other <br />right or remedy of Lender. This assignment of rents of the Properiy shall terminate when the debt <br />secured by this Security Instrument is paid in full. <br />20. Foreclosure Procedure. If Lender requires immediate payment-in-full under Paragraph 9, <br />Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender <br />shall be entitled to collect all ezpenses incurred in pursuing the remedies provided in this <br />Paragraph 20, including, but not limited to, reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any <br />part of the Property is located and shall mail copies of such notice in the manner prescribed by <br />applicable law to Borrower and to the other persons prescribed by applicable law. After the time <br />required by applicable law, Trustee shall give public notice of sale to the persons and in the <br />manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the <br />Property at public auction to the highest bidder at the time and place and under the terms <br />designated in the notice of sale in one or more parcels and in any order TYustee determines. <br />Trustee may postpone sale of all or any parcel of the Property by public announcement at the time <br />and place of any previously scheduled sale. Lender or its designee may purchase the Property at <br />any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the <br />truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following <br />order: (a) to all costs and egpenses of ezercising the power of sale, and the sale, including the <br />payment of the'IYustee's fees actually incurred and reasonable attorneys' fees as permitted by <br />applicable law; (b) to all sums secured by this Security Instrument; and (c) any ezcess to the <br />person or persons legally entitled to it. <br />21. Lien Priority. The full amount secured by this Security Instrument shall have the same priority over <br />any other liens on the Property as if the full amount had been disbursed on the da.te the initial <br />disbursement was made, regardless of the actual date of any disbursement. The amount secured by this <br />Security Instrument shall include all direct payments by Lender to Borrower and a11 other loan advances <br />permitted by this Security Instrument for any purpose. This lien priority shall apply notwithstanding any <br />State constitution, law or regulation, except that this lien priority shall not affect the priority of any liens <br />for unpaid Sta.te or local governmental unit special assessments or taxes. <br />22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request <br />Trustee to re-convey the Property and shall surrender this Security Instrument and all notes evidencing <br />debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without <br />warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation <br />costs. Lender may charge such person or persons a fee for reconveying the Property, but only if the fee <br />is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted <br />under applicable law. <br />23. Substitute'I�rustee. Lender, at its 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 <br />this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall <br />succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. <br />24. Request for Notices. BORROWER HEREBY REQUESTS THAT, LJNLESS OTHERWISE <br />PRESCRIBED BY LAW, A COPY OF ANY NOTICE OF DEFAULT OR NOTICE OF SALE <br />PURSUANT TO THE NONJUDICIAL FORECLO5URE OF THI5 DEED OF TRUST BE MAILED <br />TO BORROWER AT BORROWER' S MAILING ADDRESS SET FORTH HEREIN. <br />25. Riders to this Security Instrumen� If one or more riders are executed by Borrower and recorded <br />together with this Security Instnzment, the covenants of each such rider shall be incorporated into and <br />shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) <br />were a part of this Security Instrument. [Check applicable box(es).] <br />Page 6 of 8 HECM First Deed OfTnist <br />