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99108435
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Last modified
3/13/2012 7:04:48 PM
Creation date
10/21/2005 12:29:19 AM
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DEEDS
Inst Number
99108435
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�9-1�>8�35 <br /> 15 . Acceleration; Remedies . Lenders shall give notice to <br /> Borrowers prior to acceleration following Borrowers' breach of any <br /> covenant or agreement in this Security Instrument (but not prior to <br /> acceleration under paragraph 13) . The notice shall specify: (a) <br /> the default; (b) the action required to cure the default; (c) a <br /> date, not less than 30 days from the date the notice is given to <br /> Borrowers, by which the default must be cured; and (d) that failure <br /> to cure the default on or before the date specified in the notice <br /> may result in acceleration of the sums secured by this Security <br /> Instrument and sale of the Property. The notice shall further <br /> inform Borrowers of the right to reinstate after acceleration and <br /> the right to bring a court action to assert the non-existence of a <br /> default or any other defense of Borrowers to acceleration and sale. <br /> If the default is not cured on or before the date specified in the <br /> notice, Lenders at their option may require immediate payment in <br /> full of all sums secured by this Security Instrument without <br /> further demand and may invoke the power of sale and any other <br /> remedies permitted by applicable law. Lenders shall be entitled to <br /> collect all expenses incurred in pursuing the remedies provided in <br /> this paragraph 15, including, but not limited to, reasonable <br /> attorneys' fees and costs of title evidence. <br /> If the power of sale is invoked, Trustee shall record a <br /> 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 <br /> prescribed by applicable law to Borrowers and to the other persons <br /> prescribed by applicable law. After the time 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 Borrowers, shall sell the Property at public <br /> auction to the highest bidder at the time and place and under the <br /> terms designated in the notice of sale in one or more parcels and <br /> in any order Trustee determines . Trustee may postpone sale of all <br /> or any parcel of the Property by public announcement at the time <br /> and place of any previously scheduled sale . Lenders or their <br /> designees may purchase the Property at any sale. <br /> Upon receipt of payment of the price bid, Trustee shall <br /> deliver to the purchaser Trustee' s deed conveying the Property. <br /> 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 <br /> proceeds of the sale in the following order: (a) to all expenses <br /> of the sale, including, but not limited to, Trustee' s fees as <br /> permitted by applicable law and reasonable attorneys' fees; (b) to <br /> all sums secured by this Security Instrument; and (c) any excess to <br /> the person or persons legally entitled to it . <br /> 16 . Lender in Possession. Upon acceleration under paragraph <br /> 15 or abandonment of the Property, Lenders (in person, by agent or <br /> by judicially appointed receiver) shall be entitled to enter upon, <br /> take possession of and manage the Property and to collect the rents <br /> of the Property including those past due. Any rents collected by <br /> Lenders or the receiver shall be applied first to payment of the <br /> costs of management of the Property and collection of rents, <br /> including, but not limited to, receiver' s fees, premiums on <br /> receiver' s bonds and reasonable attorneys' fees, and then to the <br /> sums secured by this Security Instrument . <br /> 17 . Reconveyance . Upon payment of all sums secured by this <br /> Security Instrument, Lenders shall request Trustee to reconvey the <br /> Property and shall surrender this Security Instrument and all notes <br /> evidencing debt secured by this Security Instrument to Trustee . <br /> Trustee shall reconvey the Property without warranty and without <br /> charge to the person or persons legally entitled to it . Such <br /> person or persons shall pay any recordation costs . <br /> 18 . Substitute Trustee. Lenders, at their option, may from <br /> time to time remove the Trustee and appoint a successor trustee to <br /> any Trustee appointed hereunder by an instrument recorded in the <br /> county in which this Security Instrument is recorded. Without <br /> 5 <br /> �� <br />
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