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201301631 <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 manner <br /> prescribed by applicable law. Trustee, without demand on Borrower,shall sell the Property at public <br /> auction to the highest bidder at the time and place and under the terms designated in the notice of sale <br /> in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any <br /> parcel of the Property by public announcement at the time and place of any previously scheduled sale. <br /> Lender or its designee may purchase the Property at any sale. <br /> If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires <br /> immediate payment in full under Paragraph 9,the Secretary may invoke the nonjudicial power of sale <br /> provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act")(12 U.S.C. 3751 et seq.) by <br /> requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell <br /> the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of <br /> any rights otherwise available to a Lender under this Paragraph 18 or applicable law. <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 truth of <br /> the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a)to <br /> all costs and expenses of exercising the power of sale.and the sale,including the payment of the <br /> Trustee's fees actually incurred. not to exceed .000 %%of the principal amount of <br /> the note at the time of the declaration of default. and reasonable attorneys' fees as permitted by law: <br /> (b) to all sums seen red by this Security Instrument: and(c) any excess to the person or persons legally <br /> entitled to it. <br /> 19. Reconveyance.Upon pa norm or all sums secured by Ibis Security Instrument. Tender shall request <br /> 'I•ruslee to reconvey the Property and shall sun•endLr this Security Instrnuel l and all notes evidencing debt <br /> secured by Ibis cl•ael iw Instru n'mii n Tiuslee. ItMstee shall recency the Property without warranty and <br /> without charge to the person or persons legally eutidud to il. Such person or persons shall pay any <br /> recordation costa. <br /> 20. Substitute Trustee. [.ceder. at its option may Bow lime to time remove Trustee and appoint a successor <br /> trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security <br /> Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the <br /> title,power and duties conferred upon Trustee herein and by applicable law. <br /> 21. Requestfor Notices.Borrower requests that copies of the notices of default and sale be sent to Borrower's <br /> address which is the Property' Address. <br /> 22. Ridersto this Security Instrument.If one or more riders are executedby Borrower and recorded <br /> together with this Security ]nstrument, the covenants of each such rider shall be incorporated into and shall <br /> amend and supplement the covenants and a cements of this Security Instrument as if the rider(s)were a part <br /> of this Security Instrument, [Check applicable boxtesl]. <br /> 0 Condominium Rider 0 Growing Equity Rider [ICJ Other [specify] <br /> I I Planned Unit Development Rider I I Graduated Payment Rider NON—OWNER OCCUPANCY <br /> RIDER <br /> FHA Deed of Trust-NE 4/96 <br /> VMP O VMP4R(NE)(1105)00 <br /> Wolters Kluwer Financial Sagas: Page 8 of 10 <br />