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RE-RECORDED . <br /> • <br /> ti01301935 20 . 2 : 089 <br /> IN THE EVENT OF THE SALE OF THIS PROPERTY UNDER THE PROCEDURE FOR FORECLOSURE OF <br /> A SECURITY INSTRUMENT BY ADVERTISEMENT,AS PROVIDED BY APPLICABLE LAW,OR IN THE <br /> EVENT LENDER EXERCISES ITS RIGHTS UNDER THE ASSIGNMENT OF LEASES AND RENTS, THE <br /> LENDER SHALL PROVIDE ALL STATUTORILY REQUIRED NOTICES OF SALE AND NOTICES OF <br /> JUDICIAL' °HEARINGS BEFORE LENDER EXERCISES ANY OF ITS RIGHTS UNDER 'THIS <br /> INSTRUMENT. <br /> Upon the occurrence of an Event of Default,Lender may,without notice unless required by law,and at its option, <br /> declare the entire Indebtedness due and payable,as it may elect,regardless of the date or dates of maturity thereof <br /> and, if permitted by state law,is authorized and empowered to cause the Property to be sold at public auction,and <br /> to execute and deliver to the purchaser or purchasers at such sale any deeds of conveyance good and sufficient at <br /> law,pursuant to the statute in such case made and provided. The Trustee shall apply the proceeds of the Trustee's <br /> sale, first,to the costs and expenses of exercising the power of sale and of the sale, including the payment of the <br /> Trustee's fees actually incurred; second, to payment of the obligation secured by the trust deed; third, to the <br /> payment of junior trust deeds, mortgages, or other lienholders and the balance, if any, to the person or persons <br /> legally entitled thereto. The recitals_in the Trustee's deed shall be prima facie evidence of the truth of the <br /> statements made in it If Lender chooses to invoke the power of sale,.Lender_or:Trustee will provide notice of sale <br /> pursuant to applicable law.'Any such sale or a sale'made pursuant to a judgment or a decree for the foreclosure <br /> hereof may, at the option of Lender, be made en masse. The commencement of proceedings to foreclose this <br /> Security Instrument in any manner authorized by law shall be deemed as exercise of the above option. <br /> Upon the occurrence of an Event of Default, Lender shall immediately be entitled to make application for and <br /> obtain the appointment of a receiver for the Property and of the earnings, income, issue and profits of it, with the <br /> powers as the court making the appointments confers. Grantor hereby irrevocably consents to such appointment <br /> and waives notice of any application therefor. <br /> NO WAIVER. No delay or failure of Lender to exercise any right, remedy, power or privilege hereunder shall <br /> affect that right,remedy,power or privilege nor shall any single or partial exercise thereof preclude the exercise of <br /> any right,remedy,power or privilege.No Lender delay or failure to demand strict adherence to the terms of this <br /> Security Instrument shall be deemed to constitute a course of conduct inconsistent with Lender's right at any time, <br /> before or after an event of default, to demand strict adherence to the terms of this Security Instrument and,tlte <br /> Related Documents. <br /> SUBSTITUTE TRUSTEE. Lender,at its option,may from time 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 title, <br /> power and duties conferred upon Trustee herein and by applicable law. <br /> JOINT AND SEVERAL LIABILITY. If this Security Instrument should be signed by more than one person,all <br /> persons executing this Security Instrument agree that they shall be jointly and severally bound,where permitted by <br /> law. _ <br /> SURVIVAL. Lender's rights in this Security Instrument will continue in its successors and assigns. This Security <br /> Instrument is binding on all heirs,executors,administrators,assigns and successors of Grantor. <br /> NOTICES AND WAIVER OF NOTICE. Unless otherwise required by applicable law, any notice or demand <br /> given by Lender to any party is considered effective: (i) when it is deposited in the United States Mail with the <br /> appropriate postage; (ii) when it is sent via electronic mail; (iii) when it is sent via facsimile; (iv) when it is <br /> deposited with a nationally recognized overnight courier service; (v)on the day of personal delivery; or (vi) any <br /> other commercially reasonable means.A copy of any notice shall be sent to each party at the address ofhe party <br /> given at the beginning of this Security Instrument unless an alternative address has been provided to Lender in <br /> writing.To the extent permitted by law,Grantor waives notice of Lender's acceptance of this Security Instrument, <br /> defenses based on suretyship,any defense arising from any election by Lender under the United States Bankruptcy <br /> Code, Uniform Commercial Code, as enacted in the state where Lender is located or other applicable law or in <br /> equity, demand, notice of acceleration, notice of nonpayment,presentment, protest, notice of dishonor and any <br /> other notice. <br /> REQUEST FOR NOTICES: Grantor requests that copies of the notice of default and notice of sale be sent to the <br /> address of each party given at the beginning of the Security Instrument. <br /> TO THE EXTENT PERMITTED BY LAW, GRANTOR WAIVES ANY RIGHT TO NOTICE, OTHER <br /> THAN THE NOTICE PROVIDED ABOVE, AND WAIVES ANY RIGHT TO ANY HEARING, <br /> JUDICIAL OR OTHERWISE, PRIOR TO LENDER EXERCISING ITS RIGHTS UNDER THIS <br /> SECURITY INSTRUMENT. <br /> WAIVER OF APPRAISEMENT RIGHTS. Grantor waives all appraisement rights relating to the Property to <br /> the extent permitted by law. <br /> LENDER'S EXPENSES. Grantor agrees to pay all expenses incurred by Lender in connection with enforcement <br /> of its rights under the Indebtedness,this Security Instrument or in the event Lender is made party to any litigation <br /> because of the existence of the Indebtedness or this Security Instrument,as well as court costs,collection charges <br /> and reasonable attorneys'fees and disbursements. <br /> 02004-2011 Compliance Systems,Inc.CDBD-758B-2011L2.0.475 w <br /> pomntercAllp.eal Estate S curity Instrument-DL4007 __ Parte 4 of 6 . www.comnlianceAstems:cinn <br /> • <br /> rY1, 14. k . K.1-1 k <br />