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99105040
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Last modified
3/13/2012 5:41:33 PM
Creation date
10/20/2005 11:22:10 PM
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DEEDS
Inst Number
99105040
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' 99- �05(�40 <br /> LOAN �k: 2015165 <br /> As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by <br /> Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides <br /> and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials.As used in this paragraph <br /> 20,"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or <br /> environmental protechon. <br /> NON-iJNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: <br /> 21.Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of <br /> any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable <br /> law provides otherwise).The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not <br /> less than 30 days from the date the notice is given to Borrower,by which the default must be cured; and (d) that failure to <br /> cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security <br /> Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration <br /> and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration <br /> and sale.If the default is not cured on or before the date specified in the notice,Lender,at its option,may require immediate <br /> payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale <br /> and any other remedies permitted by applicable law.Lender shall be entitled to collect all expenses incurred in pursuing the <br /> remedies provided in this paragraph 21,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 part of the Property <br /> is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other <br /> persons prescribed by appGcable law. After the time required by applicable law, Trustee shall give public notice of sale to <br /> the persons and in the manner prescribed by applicable law.Trustee,without demand on Borrower,shall sell the Property <br /> at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or <br /> more parcels and in any order Trustee determines.Trustee may postpone sale of all or any parcel of the Property by public <br /> announcement at the time 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 conveying the Property. <br /> The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall <br /> apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of <br /> sale,and the sale,including the payment of the Trustee's fees actually incurred,not to exceed 0.5 0 0 % of the principal <br /> amount of the note at the time of the declaration of default,and reasonable attorneys' fees as permitted by law; (b) to all <br /> sums secured by this Security Instrument;and(c)any excess to the person or persons legally entitled to it. <br /> 22. Reconveyance. Upon payment of all sums secured by this Security Instrument,Lender shall request Trustee to reconvey <br /> the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to <br /> Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons <br /> shall pay any recordation costs.Lender may charge such person or persons a fee for reconveying the Properly,but only if the fee is <br /> paid to a third party(such as the Trustee)for services rendered and the chazging of the fee is permitted under applicable law. <br /> 23. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor uustee to any <br /> Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without <br /> conveyance of the Property, the successor trustee shall succeed to all the tifle,power and duties confened upon Trustee herein and <br /> by applicable law. <br /> 24.Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address which <br /> is the Propeny Address. <br /> 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this <br /> Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the <br /> covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. <br /> [Check applicable box(es)] <br /> 0 Adjustable Rate Rider(s) � Condominium Rider � 1-4 Family Rider <br /> � Graduated Payment Rider 0 Planned Unit Development Rider 0 Biweekly Payment Rider <br /> 0 Balloon Rider � Rate Improvement Rider 0 Second Home Rider <br /> � VA Rider � Other(s) (specify] <br /> I <br /> Initials• <br /> �o-6H(NE) �sao��.o3 CHL(01/98) Page 5 ot 6 Form 28 9/90 <br />
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