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200300159
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Last modified
10/15/2011 1:51:18 PM
Creation date
10/21/2005 3:47:23 PM
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DEEDS
Inst Number
200300159
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200300159 <br />LOAN NO. 15583 <br />Lender shall not be required to enter upon, take control of or maintain the Property before or after <br />giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any <br />time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other <br />right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured <br />by the Security Instrument is paid in full. <br />18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, <br />Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender <br />shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph <br />18, 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 <br />any part of the Property is located and shall mail copies of such notice in the manner prescribed by <br />applicable law to Borrower and to the other persons prescribed by applicable law. After the time <br />required by applicable law, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public <br />auction to the highest bidder at the time and place and under the terms designated in the notice of <br />sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or <br />any parcel of the Property by public announcement at the time and place of any previously <br />scheduled sale. Lender or its designee may purchase Property at any sale. <br />If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary <br />requires immediate payment In full under Paragraph 9, the Secretary may Invoke the nonjudicial <br />power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ( "Act ") (12 U.S.C. 3751 <br />at seq.) by requesting a foreclosure commissioner designated under the Act to commence <br />foreclosure and to sell the Property as provided in the Act. Nothing In the preceding sentence shall <br />deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or <br />applicable law. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth <br />of the statements made therein. Trustee shall apply the proceeds of the sale in the following order; <br />(a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of <br />the Trustee's fees actually incurred, not to exceed <br />of the principal amount of the note at the time of the declaration of default, and reasonable attorneys' <br />fees as permitted by law; (b) to all sums secured by this Security Instrument; and (c) any excess to <br />the person or persons legally entitled to it. <br />19. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property <br />without warranty and without charge to the person or persons legally entitled to it. Such person or persons <br />shall pay any recordation costs. <br />20. Substitue Trustee. Lender, at its option, may from time to time remove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which <br />this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall <br />succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. <br />21. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to <br />Borrower's address which is the Property Address. <br />22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded <br />together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall <br />amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a <br />part of this Security Instrument. [Check applicable box(es)]. <br />n Condominium Rider ❑Growing Equity Rider —]Other [specify] <br />L-1 Planned Unit Development Rider ❑Graduated Payment Rider <br />FHACase NO. 321 - 2241842 -703 <br />ELFAR(NE) (96.) nave of a mi,ims: <br />
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