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200108250 <br />HB170271 <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. 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 (but not <br />prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall <br />specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days <br />from the date the notice is given to Borrower, by which the default must be cured; and (d) that <br />failure to cure the default on or before the date specified In the notice may result in acceleration of <br />the sums secured by this Security Instrument and sale of the Property. The notice shall further <br />inform Borrower of the right to reinstate after acceleration and the right to bring a court action to <br />assert the non - existence of a default or any other defense of Borrower to acceleration and sale. If <br />the default is not cured on or before the date specified in the notice, Lender at its option may <br />require immediate payment in full 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. <br />Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this <br />Section 22, 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 <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 <br />time required by Applicable Law, Trustee shall give public notice of sale to the persons and in the <br />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 terms <br />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 <br />and place of any previously scheduled sale. Lender or its designee may purchase the Property at <br />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 <br />truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following <br />order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the <br />payment of the Trustee's fees actually Incurred and reasonable attorneys' fees as permitted by <br />Applicable 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 />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property <br />without warranty to the person or persons legally entitled to it. Such person or persons shall pay any <br />recordation costs. Lender may charge such person or persons a fee for recoveying the Property, but only <br />if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is <br />permitted under Applicable Law. <br />24. 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 <br />this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall <br />succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. <br />25. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to <br />Borrower's address which is the Property Address. <br />Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 1 /01 <br />NE54 : 07/01 (Page 14) <br />