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Last modified
10/13/2011 12:28:13 PM
Creation date
10/20/2005 8:14:56 PM
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DEEDS
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200003203
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by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke <br />any remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) <br />pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had <br />occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this <br />Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may <br />reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's <br />obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, <br />this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. <br />However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. <br />19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security <br />Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity <br />(known as the "Loan Servicer ") that collects monthly payments due under the Note and this Security Instrument. There <br />also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan <br />Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. <br />The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. <br />The notice will also contain any other information required by applicable law. <br />20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of <br />any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting <br />the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, <br />use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate <br />to normal residential uses and to maintenance of the Property. i <br />Borrower shall promptly give Lender written notice of any investigation, claw, demand, lawsuit or other action by <br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environ- <br />mental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory <br />authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower <br />shall promptly take all necessary remedial actions in accordance with Environmental Law. <br />As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances <br />by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, <br />toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. <br />As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is <br />located that relate to health, safety or environmental protection. <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 <br />unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the <br />default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be <br />cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration <br />of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower <br />of the right to reinstate after acceleration and the right to bring a court action to assert the non - existence of a <br />default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date <br />specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this <br />Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by <br />applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this <br />paragraph 21, including, but not limited to, reasonable 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 any part of the <br />Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and <br />to the other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give <br />public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on <br />Borrower, shall sell 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. Trustee may postpone <br />sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled <br />sale. Lender 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 conveying the <br />Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made <br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising <br />Form 3028 9/90 (page 5 of 6) <br />BANKERS SYSTEMS, INC., ST. CLOUD, MN 56302 (1- 800 - 397 -2341) FORM MD -1 -NE 2/5/91 <br />
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