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201405993
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Last modified
11/21/2014 8:59:54 AM
Creation date
9/22/2014 2:22:45 PM
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DEEDS
Inst Number
201405993
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Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of <br />this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the <br />provisions of this Security Instrument and the Note are declared to be 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 <br />following 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 days from <br />the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure <br />the default on or before the date specified in the notice may result in acceleration of the sums secured by <br />this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right <br />to reinstate after acceleration and the right to bring a court action to assert the non - existence of a default <br />or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the <br />date specified in the notice, Lender at its option may require immediate payment in full of all sums <br />secured by this Security Instrument without further demand and may invoke the power of sale and any <br />other remedies 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 attorneys' fees <br />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 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 in <br />one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel <br />of the Property by public announcement at the time and place of any previously scheduled sale. Lender <br />or its designee may purchase the 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 truth of <br />the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all <br />costs and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's <br />fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums <br />secured by this Security Instrument; and (c) any 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 may <br />invoke the non - judicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 <br />( "Act ") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to <br />commence foreclosure and to sell the Property as provided by the Act. Nothing in the preceding sentence <br />shall deprive the Secretary of any rights otherwise available to Lender under this paragraph or <br />applicable law. <br />8. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to <br />Borrower's address which is the Property Address. <br />9. 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 />FHANA HUD -HAMP Loan Modification Agreement 02192014_111 WD12106.1 9902424557 <br />Page 3 <br />First American Mortgage Services <br />201405993 <br />
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