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89106556
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Last modified
3/7/2012 4:17:30 PM
Creation date
10/20/2005 10:21:56 PM
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DEEDS
Inst Number
89106556
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� � <br /> l <br /> 89--- 106556 <br /> opt�on� may declare all of the suma secured by� this Deed of Trust ta <br /> � be immediately due and payable without further demand and may invoke <br /> the powPx �f s�ale �nd any other remedieS permitted by applicable lac�. <br /> Lender shall be �ntitled to collect all reasonable costs and expenses <br /> incurred in pursufng the r�medies provided in thia Paragraph 18, <br /> including, but not limited to, reasonable attorneys' fees. <br /> If the power of sale is invoked, Trustee shall reaord a notice of <br /> default in each county in whiah the Property or some part thereof is <br /> located and shall mail copies of such notice in the manner prescribed <br /> by applicable law to Borrower and to the other persons prescribed by <br /> applicable law. After the lapse of such time as may be required by <br /> applicable law, Trustee shall give public notice of sale to the <br /> persons and in the manner prescribed by applicable law. Trustee, <br /> without demand on Borrower, shall sell the Property at public auction <br /> 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 such <br /> order as Trustee may determin�. Trustee may postpone sale of all � or <br /> any part of the the Property by public announcement at the time and <br /> place of any previously scheduled sale. Lender or Lender's designee <br /> may pur�hase the property at any sale. <br /> : Upon receipt of payment of the price bid, Trustee shall deliver <br /> � to the purchaser a Trustee�s deed conveying the Property sold. The <br /> recitals in the Trustee's deed shall be prima facie evidence of tha <br /> truth of the statements made therein. Trustee shall apply the <br /> proceeds of the sale in the following order: (a) to all reasonable �:�:; <br /> costs and expenses of the sale, including, but not limited to, � ;. : <br /> Trustee's fees of not more than 1/2 of 1� of the gross sale price, ��� <br /> reasonable attorneys' fees and costs of title evidence; (b) to all � '� <br /> ___ _ : sums secured bv this Deed af Trust; and lc) the excess, if any, tn the _ �-=�`;� <br /> person or persons legally entitled thereto. ��. <br /> 19. �CCELERATION; PREPAYI�NT PRIVILEGE. Upon any default by - <br /> Borrower and following the acceleration of maturity as herein = <br /> provided, a tender of payment of the amount necessary to satisfy the � <br /> entire indebtedness secured hereby made at any time prior to � <br /> foreclosure sale (including sale under power of sale) by the Borrower; � <br /> its successors and assigns or by anyone on behalf of Borrower, its � <br /> successors or assigns, shall constitute an evasion of the prepayment � <br /> � terms of said Note and be deemed to be a voluntary prepayment <br /> thereunder and any such payment, to the extent permitted by law, will, <br /> therefore, include the additional payment required under the � <br /> prepayment privilege, if any, contained in s3id Iv7ote or if at that 1�!!�F' <br /> time there is no prepayment privilege, thence such �ayment will, to the �-�- <br /> extent permitted by law, include an additional payment of five percent ;�_ <br /> .��,..;.. <br /> (5�) of the then principal balance. . <br /> � <br /> ' 20. BORROWER'S RIGHT TO REINSTATE. Notwithstanding Lender's <br /> acceleration of the sums secured by this Deed of Trust, Borrower shall ' - <br /> have the right to any proceedings begun by Lender to enforce this Deed <br /> of Trust discontinued at any time prior to the earlier to occur of (i) <br /> the fifth day before the sale of the Property pursuant to the po�rer of <br /> . sale contained in this Deed of Trust, or (ii) entry of a judgneent <br />' enforcing this Deed af Trust if: (a) Borrower pays Lender all sums <br /> - which would be then due under this Deed of Trust and the Note, had na <br /> acceleration occurred; (b) Borrower cures all breaches of any other <br /> covenan�s or agreements of Borrower contained in this Deed of Trust; <br /> (c) Borrower pays all reasonable expenses incurred by "Lender and <br /> 2rustee in enforcing the covenants and agreements of Borrower <br /> . contained in this Deed of Trust arid i� enforcing Lender's and ���� <br /> Trustee's remedies as provided in Paragraph 18 hereof, including, but <br /> not limited to, reasonable attorneys' fees; and (d) Borrower takes I � <br /> such action as Lender may reasonably require to assure that the lien • <br /> of this Deed of Trust, Lender's interest in the Property, and � <br /> Borrower's obligation to pay the sums secured by this Deed of Trust <br /> � shall contfnue unimpaired. Upon such payment and cure by Borrower, <br /> this Deed of Trust and the obligations secured hereby shall remain in <br /> full force and effect as if no acceleration had occurred. r. <br /> ✓ <br /> r <br /> ti. � <br /> I <br /> � <br />
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