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99112110
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Last modified
3/13/2012 8:31:59 PM
Creation date
10/21/2005 1:50:44 AM
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DEEDS
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99112110
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� � �-�9� : 1�'� 110 <br /> by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke <br /> any remedies permitted by this Security Instrument without further notice or demand on Borrower. <br /> 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br /> enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as <br /> applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this <br /> Security Instrument; or(b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) <br /> pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had <br /> occuned; (b) cures any default of any other covenants or agreements; (c) pays all expenses incuned in enforcing this <br /> Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may <br /> reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's <br /> obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, <br /> this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. <br /> However, this right to reinstate shall not apply in the case of acceleration under pazagraph 17. <br /> 19. Sale of Note; Change of Loan Servicer. T'he Note or a partial interest in the Note (together with this Security <br /> Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity <br /> (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There <br /> also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan <br /> Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. <br /> The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. <br /> The notice will also contain any other information required by applicable law. <br /> 20. Hazardous Substances. Borrower shall not cause or pernut the presence, use, disposal, storage, or release of <br /> any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting <br /> the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, <br /> use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate <br /> to normal residential uses and to maintenance of the Property. <br /> Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by <br /> any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environ- <br /> mental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory <br /> authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower <br /> shall promptly take all necessary remedial actions in accordance with Environmental Law. <br /> As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances <br /> by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, <br /> toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, arzd radioactive materials. <br /> As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is <br /> located that relate to health, safety or environmental protection. <br /> NoN-UxiFORM CovErtnrrTS. 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 <br /> breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 <br /> unless applicable law provides otherwise). The notice shall specify: (a) the defauit; (b) the action required to cure the <br /> default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be <br /> cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration <br /> of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower <br /> of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a <br /> default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date <br /> speci�ed in the notice, Lender at its option may require immediate payment in full of all sums secured by this <br /> Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by <br /> applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this <br /> 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 <br /> Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and <br /> to the other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give <br /> public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demana on <br /> Borrower, shall 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. Trustee may postpone <br /> sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled <br /> sale. Lender or its designee may purchase the Property at any sale. - <br /> Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed;co�veying the <br /> Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made <br /> therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expens�5 of exercising <br /> Form 3028 9/90 (page 5 of 61 <br /> BANKERS SYSTEMS,INC.,ST.CLOUD,MN 56302 11-800397-23411 FORM MD-1-NE 2/5/91 <br />� <br />
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