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<br />(F; In - the event the Borrower(s) herein cause or bring any action, proceeding or petition for the assignment,
<br />liquidation or rearrangement of their total indebtedness under any federal, state or local statute, and in such event
<br />there is an improper impairment of the lien of this Security Instrument within the meaning of any Title, Code or local
<br />statute therein relevant, there shall be allowed, awarded and granted to the holder of this Security Instrument by the
<br />court or tribunal having jurisdiction thereof, reasonable legal fees incurred to protect the lien of this Security
<br />Instrument against such improper impairment, or in the event the holder of this Security Instrument is required to bring
<br />on any motion or proceeding to vacate any stay or compel rejection of any proposed plan. Such award of reasonable
<br />counsel fees shall be based upon the reasonable hourly billing rate of an experienced real estate /bankruptcy practitioner
<br />within the jurisdiction of the court or tribunal, and without any reference or regard direct or indirect to the now
<br />disused theory of "economy of administration."
<br />(G) In addition, Lender shall be entitled to charge interest on all accrued interest, foreclosure costs, attorney fees
<br />whether incurred as a result of the foreclosure or the bankruptcy proceeding, or other pre - petition arrearage payable
<br />pursuant to or through any plan in the bankruptcy proceeding. The interest rate shall be the same rate charged under
<br />the Note secured by this Security Instrument.
<br />(H) Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee
<br />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 title, power, and duties conferred upon
<br />Trustee herein and by applicable law.
<br />(I) In the event that Borrower is permitted to cure a default of the Note and /or Mortgage pursuant to the United
<br />States Bankruptcy Code (Title 11 U.S.C.) or other applicable law, the parties hereto specifically agree that the amount
<br />necessary to cure the default shall include the sum of all amounts past due under the terms of the Note and /or
<br />Mortgage, including all principal, interest, and late charges, and all amounts advanced by Lender pursuant to the terms
<br />of the Note and /or Mortgage, including all attorneys fees and costs, plus interest on such sum calculated at the annual
<br />interest required by the Note and /or Mortgage from the date on which Borrower elects to cure the default to the date
<br />on which the default is cure. Nothing herein shall be construed to allow Borrower the right to cure any default of the
<br />Note and /or Mortgage except as specifically authorized under the United States Bankruptcy Code (Title 11 U.S.C.) or
<br />other applicable law.
<br />25. ACCELERATION; DEFAULT; REMEDIES
<br />Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in
<br />this Security Instrument, or in the event of a breach of any of Borrower's representations and warranties herein, (but
<br />not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)
<br />the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is
<br />given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date
<br />specified may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The
<br />notice shall further inform the Borrower of the right to reinstate after acceleration and the right to bring a court action
<br />to assert the non- existence of a default of any other defense of Borrower to acceleration and sale. If the default is not
<br />cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all
<br />sums secured by this Security Instrument without further demand to Borrower, and may invoke the power of sale and
<br />any other remedies permitted by applicable law. Any party seeking confirmation of the sale shall provide notice to
<br />the borrower informing him or her of the homestead exemptions procedures available pursuant to local law. This
<br />notice shall be delivered by certified mail at least 10 days prior to any hearing on confirmation of sale. Lender shall
<br />be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 25, including, but not
<br />limited to, reasonable attorney's fees and costs of title evidence, as permitted by law.
<br />If Lender invokes the power of sale, Lender shall mail, or cause the Trustees to mail, a notice of sale to Borrower in
<br />the manner prescribed by paragraph 14 or by applicable law. The Trustees shall give notice of sale by public
<br />advertisement for the time and manner prescribed by applicable law and, when required by applicable law, shall cause
<br />such notice to be served personally upon the Borrower and other persons. The Trustees without demand on Borrower,
<br />shall sell the Property at public auction to the highest bidder for cash 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 the Trustees determines. Trustees may
<br />postpone sale of all or any parcel of the Property by public announcement at or before the time of any previously
<br />scheduled sale. Lender, or its designee may purchase the Property at any sale and pay the purchase price by application
<br />against the purchase price of the debt secured hereby.
<br />Trustees shall deliver to the purchaser a Trustees' deed conveying the property so sold without any covenant or
<br />warranty, expressed or implied. The recitals in the Trustees' deed shall be prima facie evidence of the truth of the
<br />statements made therein. The Trustees shall apply the proceeds of the sale in the following order: (a) to all expenses of
<br />the sale, including, but not limited to, reasonable Trustees' fees and permissible and reasonable attorney's fees; (b) to
<br />all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. Upon
<br />default, Borrower shall and will surrender peaceable possession of the Property to the Trustee or to the purchaser of
<br />the Property at foreclosure sale. If possession is not surrendered, Borrower or such person shall be a tenant at will of
<br />the purchaser and hereby agrees to pay the purchaser the reasonable rental value of the Property after sale.
<br />26. LENDERS RIGHTS AND REMEDIES
<br />All rights and remedies provided in this Security Instrument are distinct and cumulative to any other right or remedy
<br />under this Security Instrument or afforded by law or equity, and may be exercised concurrently, independently or
<br />successively.
<br />27. WAIVERS
<br />Borrower waives all right of homestead, equity of redemption, statutory right of redemption and relinquishes all other
<br />rights and exemptions of every kind, including, but not limited to, a statutory right to an elective share in the property
<br />Doc #20382 - NEMT8
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