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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> RF-RECNDED 98- 107118 <br /> 98- 1354®5 <br /> A <br /> 18. 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 expenses incurred in pursuing the remedies under this paragraph 18, <br /> including, '3ut not limited to, reasonable attorneys' fees and costs of title evidence. <br /> If the power of sale is invoke,, Trustee shall record a notice of default in each county in which <br /> any part of the Property is lccated and shall mail copies of such notice in the manner, prescribed by <br /> applicable law to Borrower ::nd 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 manner <br /> prescribed by applicable law. 't'rustee, 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 any order Trustee determines. Trustee may postpone <br /> snle of all or any parcel of the Property by public announcement at the time and place of any <br /> previously scheduled sale. Lender or its designee may purchase the Property at any sale. <br /> LTpon 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 truth <br /> of the statements made therein. 't'rustee shall apply tha. proceeds of the sale in the fbilowing order. <br /> (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of <br /> the 'Fruatee's fees actually incurred, not to exceed 10.000 % of the principal amount <br /> of the note at the fink of the declaration of default, and reasonable attorneys' fees as permitted by <br /> law; (b) to ail sums secured by this Security Instrument; and (c) any excess to the person or persons <br /> legally entitled to it. <br /> If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary <br /> requites immediate payment in full tinder Paragraph 9, the Secretary may invoke the nonjudicial <br /> pourer of sale provided in the Single Family ;Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. <br /> 3751 et seq. ) by requesting a foreclosure commissioner designated under the Act to commence <br /> foreclosure and to sell the Property as provided in the pct. Nothing in the preceding sentence shall <br /> deprive the Secretary of any rights otherwise available to a bender under this Paragraph 18 or <br /> applicable law. <br /> 19. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request <br /> 't'rustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt <br /> secured by this Security Instrument to Trustee. Tru!ztee shall recorvey the Property without warranty and <br /> without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation <br /> costs. <br /> 24. Substitute Trustee, 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 this <br /> Security ln:strument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all <br /> the title, power and duties conferred upon'T'rustee herein and by applicable taw. <br /> 21. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to <br /> Borr r fiver's addr = which is the Property Address, <br /> 22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded <br /> )gether with this Security Instrument, the covenants of each such rider shall be incorporated into and shall <br /> 'rnend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part <br /> of this Security Instrument. [Check applicable box(es)). <br /> Condominium ) ;der [:1 Growing Equity Rider [::]Other [specify) <br /> Planned Unit Development Rider U Graduated Payment Rider <br /> a~ aRlraF,:] (9tYDf1 D 1 Per,* 7 9 In1lIAIl: r, <br />