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20000b780 <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 unless <br />applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; <br />(c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and <br />(d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums <br />secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to <br />reinstate after acceleration and the right to bring a court action to assert the non - existence of a default or any other <br />defense of Borrower to 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 Instrument without <br />further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be <br />entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited <br />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 to <br />the other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice <br />of sale to the persons and 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 designated in the notice of <br />sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the <br />Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may <br />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 therein. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of <br />sale, and the sale, including the payment of Trustee's fees actually incurred, not to exceed 5 % of the principal <br />amount of the Note at the time of the declaration of default, and reasonable attorneys' fees as permitted by law; (b) to all <br />sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. <br />22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to <br />reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security <br />Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally <br />entitled to it. Such person or persons shall pay any recordation costs. <br />23. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to <br />any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without <br />conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein <br />and by applicable law. <br />24. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address <br />which is the Property Address. <br />25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this <br />Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement <br />the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. <br />[Check applicable box(es)] <br />Adjustable Rate Rider OCondominium Rider E:11 -4 Family Rider <br />OGraduated Payment Rider Planned Unit Development Rider DBiweekly Payment Rider <br />OBalloon Rider ORate Improvement Rider EjSecond Home Rider <br />OV.A. Rider FX7Other(s) [specify] <br />Schedule "A" <br />159006NE - 07/26/1999 [00200001 12091 Page 6 of 7 Form 3028 9/90 <br />