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94104711
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Last modified
1/11/2011 2:00:04 PM
Creation date
10/21/2005 4:04:41 AM
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DEEDS
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94104711
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77 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <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 (o;• entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower; (a) <br /> pays Lender all sums which taken would be due under this Security Instrument and the Note as if no acceleration, had <br /> oct.urrcd; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security <br /> Instrument, inciuding, but not limited to, rerasonab/e attorneys' fees; and (d) takes such action as tender may reasonably <br /> require to assure that the lien of this Security Instrument, Lenders rights in the Property and Borrower's obligation to pay the <br /> sunt_s secured by this Security. Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security <br /> Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this <br /> right to reinstate shall not apply in the case of acceleration under paragraph 17. <br /> . 19., Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security <br /> Ins atimenti rhaybe sold one or more times without prior notice to Borrower. A sale may result in a change in the entity <br /> (known,as the "Load Servicer") that collects monthly payments due under the Note and this Security Instrument. There also <br /> 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 Servicer, <br /> Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable I:aw. The notice <br /> will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will <br /> also contain any other information required by applicable law. <br /> 20. Hazardous Substances. Borrower shall not cause or permit the presence, use. disposal, storage, or release of any <br /> Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting t;.e <br /> Property chat is in violation of any Environmental Uaw. The preceding two sentences shall not apply to the presence, use, or <br /> storage on the Property of small quantities of Hazardous Substances that are generally recognized to be :appropriate to normal <br /> 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 any <br /> governmRntal or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental <br /> Law of which Borrower has actual knowledge., If Borrower learns, or is notified by any governmental or regulatory <br /> authority, that any removal or tither 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 by <br /> Environmental Law and the following substances: gasoline. kerosene, other flammable or toxic petroleum products, toxir <br /> pesticides and herbicides, volatile solvents, iaterials containing asbestos or formaldehyde, and radioactive materials. As <br /> used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located <br /> that relate to health, safety or environmental protection. <br /> NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br /> "I. 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 default; (h) the action required to cure the <br /> defauit; (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 of <br /> the sums secured by this Security Instrument and sate of the Property. The notice shall further inform Borrower or <br /> the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of it default or <br /> any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in <br /> the notice, bender at its option may require immediate payment in full of all sums secured by this Security Instrument <br /> without further demand and may invoke the power of sale and any other remedies permitted by applicable law. <br /> Lendc; shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, <br /> 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 to <br /> the other persons prescribed by appilcable law. After the time required by applicable lave, Trustee shall give public <br /> :notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, <br /> shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in <br /> the notice of sale in one or more parcels and In any order Trustee determines. Trustee may postpone shale of all or any <br /> parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its <br /> designee may purchase the Property at any sale. <br /> Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser 'frustee's deed conveying the <br /> Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br /> Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power <br />
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