201203148 - Laserfiche WebLink

Browse

20�20314� If t6e power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property is located and s6a11 mail copies of such notice in the manner prescribed by applicable law to Borrower and to the ot6er persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed 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 and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at t6e time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. If t6e Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, t6e 5ecretary may invoke the nonjudicial power of sale provided in t6e Single Family Mortgage Foreclosure Act of 1994 ("Act'� (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commeace foreclosure and to sell t6e Property as provided in the Ac� Not6ing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragrap6 18 or applicable law. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising t6e power of sale, and the sale, including the payment of the Trustee's fees actually incurred, not to exceed 5% of the principal amount of the note at the time of the declaration of default, and reasonable attorneys' fees as permitted by law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 1�. Reconveyance. Upon payment of all sums secured by this Secwity Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without wazranty and without chazge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. 20. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to a11 the title, power and duties conferred upon Trustee herein and by applicable law. 21. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Bonower's address which is the Property Address. 22. Riders to this Security Instrument. If one or more riders aze executed by Borrower and recorded together with this Secwity Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]. 0 Condominium Rider 0 Growing Equity Rider 0 Other [specify] � Planned Unit Development Rider � Graduated Payment Rider 2200239352 D V4NNE FHA Mortgage WITH MERS-NE � / Revised 4/96 Amend 7/04 VMP 0 VMP4NINE1 Ii 105) Walters Kluwer Financial Servfcea Pega B of 10