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202400643
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Last modified
2/14/2024 11:22:38 AM
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2/14/2024 11:22:37 AM
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DEEDS
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202400643
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202400643 <br />remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not <br />apply in the case of acceleration. <br />15. 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 paragraphs 9 and 13). The notice shall specify: (a) the default; (b) <br />the action required to cure the default; (c) a date, not less than 30 days from the date the notice <br />is given to Borrower, by which the default must be cured; and (d) that failure to cure the default <br />on or before the date specified in the notice may result in acceleration of the sums secured by <br />this Security Instrument and sale of the Property. The notice shall further inform Borrower of the <br />right to reinstate after acceleration and the right to bring a court action to assert the non-existence <br />of a default or any other defense of Borrowers to acceleration and sale. if the default is not cured <br />on or before the date specified in the notice, Lender at its option may require Immediate payment <br />in full of all sums secured by this Security Instrument without further demand and may invoke the <br />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 15, including, <br />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 <br />which any part of the Property is located and shall mail copies of such notice in the manner <br />prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. <br />After the time required by applicable law, Trustee shall give public notice of sale to the persons <br />and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall <br />sell the 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 <br />time and place of any previously scheduled sale. Lender or its designees may purchase the <br />Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's <br />deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of <br />the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the <br />following order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees as <br />permitted by applicable law and reasonable attorneys' fees; (b) to all sums secured by this <br />Security Instrument; and (c) any excess to the person or persons legally entitled to it. <br />16. Lender in Possession. Upon acceleration under paragraph 15 or abandonment of <br />the Property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to <br />enter upon, take possession of and manage the Property and to collect the rents of the Property <br />including those past due. Any rents collected by Lender or the receiver shall be applied first to <br />payment of the costs of management of the Property and collection of rents, including, but not <br />limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then <br />to the sums secured by this Security Instrument. <br />17. Reconveyance. Upon payment of all sums secured by this Security instrument, <br />Lender shall request Trustee to reconvey the Property and shall surrender this Security <br />Instrument and all notes evidencing debt secured by this Security instrument to Trustee. Trustee <br />shall reconvey the Property without warranty and without charge to the person or persons legally <br />5 <br />
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