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200412027
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Last modified
10/17/2011 12:10:29 AM
Creation date
10/21/2005 6:35:01 AM
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DEEDS
Inst Number
200412027
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DEED OF TRUST <br />Loan No: 0046433082 (Continued) 200412027 Page 8 <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant <br />or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The <br />notice shall specify: (a) 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 specified in the notice <br />may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform <br />Borrower of the right to reinstate after 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 date specified in the notice, Lender at its <br />option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the <br />power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the <br />remedies provided in this Section 22, 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 Property is located and <br />shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable <br />Law. After the time required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by <br />Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place <br />and under the terms 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 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 Trustee's deed conveying the Property. The recitals in <br />the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale <br />in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's <br />fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; <br />and (c) any excess to the person or persons legally entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the <br />Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee <br />shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any <br />recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third party <br />(such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable Law. <br />24. Substitute Trustee. 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 conveyance of the <br />Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. <br />25. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address which is the <br />Property Address. <br />Facsimile and Counterpart. This document may be signed in any number of separate copies, each of which shall be effective as an original, <br />but all of which taken together shall constitute a single document. An electronic transmission or other facsimile of this document or any <br />related document shall be deemed an original and shall be admissible as evidence of the document and the signer's execution. <br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider <br />(� �4" (Seal) <br />Daniel J. Warrender - Borrower <br />executed by Borrower and recorded with it. <br />[Space Below This Line For Acknowledgment] <br />Page 8 of 9 <br />(Seal) <br />Sally A. Warrender - Borrower <br />
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