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r 105636
<br />NnN•UNII•ttRM COV ENANIS Borrower and Lender further covenant and agree as follow�o
<br />19. Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleration following Borrower's
<br />breach of any covenant or sgreement In this Security instrument (bat not prior to acceleration under paragraphs 13 and 17
<br />seines applicable bow provides otherwise). The notice shall specify: (a) the default ; 161 the action required to cure the
<br />ddfaalt; (e) a date, so less than 30 days from Me date the notice is given to Borrower, by which the default most be cured;
<br />end (d) that failure to cure the default an or before the date specified In the notice may result in acceleration of the some
<br />slecored by this Security Instrument and sale of the Property. The notice shall further Inform Burrower 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 />delestse of Borrower to acceleration and sale. if the default is not cured on or before the date specified in the notice, Lender
<br />at its option my require lomwiste payment in fall of all sums secured by this Security instrument without further
<br />demand and 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 provided in this paragraph 19. including; but not limited to
<br />reasonable attorneys" fees and costa of title evidence.
<br />If the power of ale Is ievoked, Trustee shall record • notice of default in each county in obicb any part of the
<br />Property la located and shall druid copies of sscb safice in tie manner prescribed by applicable law to Barrioner a" to the
<br />other persons prescribed by spplicsble law. After the time required by applicable law. Trustee dhusll give public notice of
<br />sale to the persons and in the manner prescribed by applicable law. Trustee. without demand on Borrower, shall sell the
<br />Property at public auction to the highest bidder at the time and place and under the tetras designated is the notice of sale in
<br />one or more parcels and in any order Trustee determines. Ta mee may postpone sale of all or any parcel of the Property by
<br />public aaaounceaetat at the time and piece of any previously scheduled sale. lender or its designee slag• purchase the
<br />Property at any sale.
<br />Upon receipt of payment of the price bid. Trustee shall deiiwq.- to the purchaser Trustee's deed conveying the
<br />PropW,; . The reclltatDs in the Trastee's deed unail be prima facie evidence of the truth of the statements made therein.
<br />Trusttee shall apply the proceeds of the sale in the tn9low4riR miler: (se to all expenses of the sale. including. bete not limited
<br />to, Trustee's fees as permitted by applicable law mad re4•sonable attorneys' fees; (b) to all sums secured by this Security
<br />lastruasent; and (e) any excess to the person or persons legally entitled •t o it.
<br />20. Leader is Possession. Upon acceleration under paragraph IQ or abandonment of the Property. Lender (let
<br />person, by agent or by judicially appointed receiver) %hall he entitled to enter uprtn. take pximesslon of and munage the
<br />Property and to collect the rents of the Property including those pact due Any tour, collected by Lender or the receiver
<br />:!•.all be applied flint to payment -.4 the costs of msnagew•_r.! of the I'rlrlerly an d ./IIr4 doll of rent.. In. halin& but not
<br />limited to, receiver's fees, premiums on receiver'% bond% and reasotial1d: attorneys' 11ee%, and then w the sums iecured b+
<br />this Security Instrument.
<br />21. Reconveyance. Upon payment of all %um% secured by ahiA Se.•unty Iomrunient, I ender %hall re4tw%t, Trustee is
<br />reconvey the Property and %hali surrender the% Secuniv iri%dmmew and all nuts% riidencing debt %ecured h} this Scc: jnti,
<br />Instrument to Trustee. Trustee shall recotney the ilropoeTtt wniitsue warranty and without charge to the perslm or persons
<br />legally entitled to it. Such person or persons %hail pay am r" .tidamon cost%
<br />22. Substitute Trustee. lender, at its option, may from ttmr to'ttnle temo%e Trtmec and appnnnt a succe%%or trustee
<br />to any Trustee appointed hereunder by an instrument recorded in the county In which the% Security Intrument is recorded.
<br />Without conveyance of the Property, the %uccecstlr trustee shall succeed to all the tit le, power and duties conferred upon
<br />Truiitee herein and by applicable law
<br />23. Request for Notices, borrower reyue%ts that copse% of the notice% of default and sale he %eat to Norrower'%
<br />address which is the Property Addre%%
<br />24. Riders to this Security instrument. If one or more tideti: are exectned by Kim ewer and rest lyded together with
<br />this Security Instrument, the covenants and agreements of each such tiller %hail he incorptlrmed Into and shall amend and
<br />supplement the covenants and agreements of this Securty Instrument a% if the ridert %) were a part of this Security
<br />Instrument. (Check applicable home%))
<br />_ (] Adjustable Rate Rider (1 Condominium Rider 2 4 Family Rider
<br />[] graduated Payment Rider ; Planned Unit Development Rider
<br />(.
<br />Other(s) (sliecdy)
<br />BY SIGNIN(i Bvtow. Horrower accept% and agrees to the terms .ind .41%cnant% contained in this Securty
<br />Instrument and in any rider(s) executed by narrower and rei:ordcd with it
<br />1�,7"��+�C ltirull
<br />Richard F Ness, Jr.
<br />7� iSM)
<br />I sirs ^awl
<br />L . ,NoWamy Ness
<br />�7 � ui.: ii ;i'rn`lii war �. strip i "r'•'" ` •••
<br />On ihi• 2Sth day of September . ''C!, It 1111. III,- untl%'1,1.'nul. ,1 \••' I'% P.,hh,
<br />dull cummt•.rclel .4 And yuehhcd till ,old . ounr► , IIr-1111.111% ..lu 1 Richard F. Ness. Jr. and L. Noheity
<br />Nolen, each in his and her own right, and as spouse of each other '11111. t rat ,• i. r•' I1. I1.
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