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201403803
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Last modified
8/19/2014 2:26:17 PM
Creation date
6/25/2014 4:29:03 PM
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DEEDS
Inst Number
201403803
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201403803 <br />5. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the <br />law of the jurisdiction in which the Property is located. In the event that any provision or clause of <br />this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other <br />provisions of this Security Instrument or the Note which can be given effect without the conflicting <br />provision. To this end the provisions of this Security Instrument and the Note are declared to be <br />severable. <br />6. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security <br />Instrument. <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />7. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument. The notice shall <br />specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 <br />days from the date the notice is given to Borrower, by which the default must be cured; and (d) <br />that failure to cure the default on or before the date specified in the notice may result in <br />acceleration of the sums secured by this Security Instrument and sale of the Property. The <br />notice shalt further inform Borrower of the right to reinstate after acceleration and the right to <br />bring a court action to assert the non - existence of a default or any other defense of Borrower to <br />acceleration and sale. If the default is not cured on or before the date specified in the notice, <br />Lender at its option may require immediate payment in full of all sums secured by this Security <br />Instrument without further demand and may invoke the power of sale and any other remedies <br />permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in <br />pursuing the remedies provided in this Section 7, including, but not limited to, reasonable <br />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 <br />any part of the Property is located and shall mail copies of such notice in the manner prescribed <br />by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After <br />the time required by Applicable Law, Trustee shall give public notice of sale to the persons and <br />in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell <br />the 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 Trustee determines. <br />Trustee may postpone sale of all or any parcel of the Property by public announcement at the <br />time and place of any previously scheduled sale. Lender or its designee may purchase the <br />Property at 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 <br />following order: (a) to all costs and expenses of exercising the power of sale, and the sale, <br />including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as <br />permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any <br />excess to the person or persons legally entitled to it. <br />If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary <br />requires immediate payment in full under Paragraph 7 of the Subordinate Note, the Secretary <br />may invoke the non - judicial power of sale provided in the Single Family Mortgage Foreclosure <br />Act of 1994 ( "Act ") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated <br />under the Act to commence foreclosure and to sell the Property as provided by the Act. Nothing <br />in the preceding sentence shall deprive the Secretary of any rights otherwise available to Lender <br />under this paragraph or applicable law. `a <br />"CAS <br />Wells Fargo Custom FHA HAMP Loan Modification Agreement IVA/93611111111111A <br />04092014b_258 <br />First American Mortgage Services Page 3 <br />
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