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200411489
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Last modified
10/16/2011 11:33:45 PM
Creation date
10/21/2005 6:08:42 AM
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DEEDS
Inst Number
200411489
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200411489 <br />Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lenders <br />may invoke any remedies permitted by this Security Instrument without further notice or demand <br />on Borrower. <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower <br />shall have the right to have enforcement of this Security Instrument discontinued at any time <br />prior to the earlier of (a) 30 days (or such other period as applicable law may specify for <br />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 <br />conditions are that Borrower. (a) pay Lenders all sums which then would be due under this <br />Security Instrument and the Note had no acceleration occurred; (b) cure any default of any other <br />covenants or agreements; (c) pay all expenses incurred in enforcing this Security Instrument, <br />including, but not limited to, reasonable attorneys' fees; and (d) take such action as Lenders <br />may reasonably require to assure that the lien of this Security Instrument, Lenders' rights in the <br />Property and Borrower obligation to pay the sums secured by this Security Instrument, shall <br />continue unchanged_ Upon reinstatement by Borrower, this Security Instrument and the <br />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 paragraphs 13 <br />or 17. <br />19. Acceleration; Remedies. Lenders shall give notice to Borrower prior to <br />acceleration following Borrower's breach of any covenant or agreement in this Security <br />Instrument (but not prior to acceleration under paragraphs 13 and 17 unless applicable law <br />provides otherwise). The notice shall specify: (a) the default; (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 <br />the default must be cured; and (d) that failure to cure the default on or before the date specified <br />in the notice may result in acceleration of the sums secured by this Security Instrument and sale <br />of the Property. The notice shall further inform Borrower of the right to reinstate after <br />acceleration and the right to bring a court action to assert the non -existence of a default or any <br />other defense of Borrower to acceleration and sale. If the default is not cured on or before the <br />date specked in the notice, Lenders at their option, may require immediate payment in full of all <br />sums secured by this Security Instrument without further demand and may invoke the power of <br />sale and any other remedies permitted by applicable law_ Lenders shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not <br />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 <br />county in which any part of the Property is located and shall mail copies of such notice in the <br />manner prescribed by applicable law to Borrower and to the other persons prescribed by <br />applicable law_ After the time required by applicable law, Trustee shall give public notice of sale <br />to the persons and in the manner prescribed by applicable law. Trustee, without demand on <br />Borrower, shall sell the Property at public auction to the highest bidder at the time and place and <br />under the terms designated in the notice of sale in one or more parcels and in any order Trustee <br />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. Lenders or their <br />designees may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser a <br />Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie <br />evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the <br />sale in the following order: (a) to all expenses of the sale, including, but not limited to, <br />Trustee's fees as permitted by applicable law and reasonable attorneys' fees; (b) to all sums <br />5 <br />
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