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201908074
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Last modified
12/23/2019 3:49:53 PM
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12/23/2019 3:49:52 PM
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DEEDS
Inst Number
201908074
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201908074 <br />If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by <br />Borrower as trustee for benefit of Lender only, to be applied to the sums secured by this Security <br />Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each <br />tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written <br />demand to the tenant. <br />Borrower has not executed any prior assignment of the rents and has not and will not perform any act <br />that would prevent Lender from exercising its rights under this Paragraph 24, except as provided in the <br />First Security Instrument. <br />Lender shall not be required to enter upon, take control of or maintain the Property before or after giving <br />notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time <br />there is a breach. Any application of rents shall not cure or waive any default or invalidate any other <br />right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt <br />secured by this Security Instrument is paid in full. <br />25. Foreclosure Procedure. If Lender requires immediate payment -in -full under Paragraph 10, <br />Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender <br />shall be entitled to collect all expenses incurred in pursuing the remedies provided in this <br />Paragraph 25, 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 <br />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 time <br />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 />26. Lien Priority. The full amount secured by this Security Instrument shall have a lien priority <br />subordinate only to the full amount secured by the First Security Instrument. <br />27. Adjustable -Rate Feature. Under the Note, the initial stated interest rate of 4.114% which accrues <br />on the unpaid principal balance ("Initial Interest Rate") is subject to change, as described below. When <br />the interest rate changes, the new adjusted interest rate will be applied to the total outstanding principal <br />balance. Each adjustment to the interest rate will be based upon the average of interbank offered rates <br />for one-year U.S. dollar denominated deposits in the London Market ("LIBOR"), as published in The <br />Wall Street Journal ("Index") plus a margin. If the Index is no longer available, Lender will be required <br />Page 11 of 15 HECM Second Deed Of Trust --2017 <br />
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