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200011180
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Last modified
10/13/2011 11:01:45 PM
Creation date
10/20/2005 10:48:30 PM
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DEEDS
Inst Number
200011180
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2000.1180 <br />cure as provided herein, the entire Indebtedness shall, without further notice, become <br />immediately due and payable at the option of American Family. Upon an Event of Default the <br />interest rate payable under the Loan Documents shall thereafter increase and shall be payable on <br />the whole of the unpaid principal balance at the Default Rate. Any interest calculated at the <br />Default Rate shall be due and payable immediately without further notice or demand. The <br />interest component of any regularly scheduled payment of principal and interest not paid when due <br />in accordance with the Amortization Schedule attached to the Note shall be deemed so much <br />additional principal and shall bear interest from the due date at the Default Rate. Such increase <br />in the interest rate shall be applicable whether or not American Family has exercised its option <br />to accelerate the maturity of the Note and declare the entire Indebtedness immediately due and <br />payable. Any contrary provision herein notwithstanding, upon an Event of Default described in <br />Section 6.1(c), then the entire Indebtedness shall, without further notice, become immediately <br />due and payable at the option of American Family. <br />SECTION 6.3 REMEDIES UPON DEFAULT AND RIGHT TO <br />FORECLOSE. Upon the occurrence of an Event of Default, Borrower authorizes and fully <br />empowers American Family, at its sole and exclusive option, to pursue one or more of the <br />remedies described in Sections 6.4, 6.5 or 6.6 hereof. <br />SECTION 6.4 FORECLOSURE BY POWER OF SALE. Upon the <br />occurrence of an Event of Default, American Family shall have the right to demand that the <br />Trustee exercise the power of sale granted herein. Upon receipt of demand, the Trustee shall <br />commence to sell the Trust Estate, to apply the proceeds therefrom, and otherwise to enforce the <br />power of sale in accordance with the terms and provisions of the Act. The Trustee shall be <br />entitled to apply any sale proceeds first to the payment of the costs and expenses actually incurred <br />in exercising such power of sale, including but not limited to a trustee's fee. The Trustee shall <br />apply the proceeds to the principal and interest due on the Note and all other Indebtedness, <br />together with all sums of money as American Family shall have expended or advanced pursuant <br />to the Loan Documents or pursuant to statute, together with interest thereon as herein provided <br />and all costs and expenses of such sale, including lawful attorneys' and paralegals' fees and costs, <br />with the balance, if any, to be paid to the persons entitled thereto by law. <br />SECTION 6.5 FORECLOSURE AS MORTGAGE. Upon the occurrence <br />of an Event of Default, American Family shall have the right to commence action to foreclose <br />this Trust Deed as a mortgage, by judicial proceedings, with full authority to sell the Premises <br />at sheriff's sale and to convey the same to the purchaser in fee simple, either in one parcel or in <br />separate lots, all in accordance with and in the manner prescribed by law, and out of the proceeds <br />arising from sale and foreclosure to retain the principal and interest due on the Note and all other <br />Indebtedness, together with all sums of money as American Family shall have expended or <br />advanced pursuant to the Loan Documents or pursuant to statute, together with interest thereon <br />as herein provided and all costs and expenses of such foreclosure, including lawful attorneys' and <br />paralegals' fees and costs, with the balance, if any, to be paid to the persons entitled thereto by <br />law. To the extent permitted by law, Borrower hereby waives all rights of reinstatement and <br />37 <br />
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