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200005054
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Last modified
10/13/2011 2:53:54 PM
Creation date
10/20/2005 8:45:22 PM
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DEEDS
Inst Number
200005054
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200005054 <br />8. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 6, Lender <br />may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to <br />collect all expenses incurred in pursuing the remedies under this Paragraph 8, including, but not limited to, <br />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 <br />of the Property is located and shall mail copies of such notice in the manner prescribed by applicable law to <br />Borrower and to the other persons prescribed by applicable law. After the time required by applicable law, <br />Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, <br />without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place <br />and under the terms 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 time and place of <br />any previously scheduled sale. Lender or its designee may purchase the Property at any sale. <br />Nothing in the preceding sentence shall deprive Lender of any rights otherwise available to a lender <br />under this Security Instrument or applicable law. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying <br />the 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 <br />exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred, not to <br />exceed 1% of the unpaid principal amount of the note at the time of the declaration of default, and reasonable <br />attorneys' fees as permitted by law; (b) to all sums secured by this Security Instrument; and (c) any excess to the <br />person or persons legally entitled to it. <br />9. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in <br />full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right <br />applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall <br />tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are <br />obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorney~ <br />fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this <br />Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required <br />immediate payment in full. However, Lender is not required to permit reinstatement if: (1) Lender has accepted <br />reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the <br />commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different <br />grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security <br />Instrument. <br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of <br />payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to <br />any successor in interest of Borrower shall not operate to release the liability of the original Borrower or <br />Borrower's successor in interest. Lender shall not be required to continence proceedings against any successor in <br />interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this <br />Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. <br />Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of <br />any right or remedy. <br />Page 4 of 6 <br />
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