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200305732
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200305732
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Last modified
10/15/2011 10:19:12 PM
Creation date
10/21/2005 5:29:50 PM
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DEEDS
Inst Number
200305732
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200305732 <br />Borrower shall no[ canse or permit [Ire presence, use, disposal, storage, or release ofany Hazardous Substances, or <br />threaten to release any Hazardous Substances, oa or In the Prallc; Borrower shall not do, nor allow anyone else to do, <br />an affecting the Property (a) that is in violation of any Environmental law, (b) which creates an Environmental <br />Condition, or (e) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely <br />affects the value of the Property. The preceding two sentences shall not n%to the presence, use, or slomge onthe Property <br />of small quantities ofHazardous Substances that are generallyrecogniz to beappropriate tonormalresidentialusesandto <br />maintenance ofthe Pmeorl.v (includina. but not limited to, hazardous substances in consumer products). <br />or <br />action <br />ce or <br />presence, use or reease ofa Hazardous Substance which adversely affects the value of the Property. IfBorrower lesions, or is <br />notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any <br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in <br />accordance with Environmental law. Nothing herein shall creme any obligation on Lender for an Envionmental Cleanup. <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under <br />Section 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action <br />required to cure the 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 in the notice may <br />result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall <br />further inform Borrower ofthe right to reinstate after acceleration and the right to bring a court action to assert the <br />non - existence of a default or any other defense of Borrower to acceleration and sale. Ifthe default is not cured on or <br />before the date specified in the notice, Lender at its option may require immediate payment in full of all sums <br />secured by this Security Instrument without further demand and may invoke the power of sale and any other <br />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 <br />evidence. <br />tithe power of sale is invoked, Trustee shall record a notice of default in each county in which any part of <br />the Property is located and shall mail copies ofsuch notice in the manner prescribed by Applicable Law to Borrower <br />and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall <br />give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustce, without demand <br />on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the <br />terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may <br />postpone sale ofall or any parcel ofthe Property by public announcement at the time and place ofany previously <br />scheduled sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment ofthe price bid, Trustee shall deliver to the purchaser Trustee's deed conveying <br />the Property. The recitals in the Trustee's deed shall be prima facie evidence ofthe truth ofthe statements made <br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses ofexercising <br />the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable <br />attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any <br />excess to the person or persons legally entitled to it. <br />23. Reconveyance. Upon payment ofall sums secured by this Security Instrument, Lender shall requestTrusavio <br />re- convey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security <br />Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. <br />Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveyingthe <br />Property, but only ifthe fee is paid to a third party (such as the Trustee) for services rendered and the charging ofthe fee is <br />permitted under Applicable law. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is <br />recorded. Without convey�aance otthe Property, the successor trustee shall succeed to all the title, power and duties conferred <br />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 <br />address which is the Property Address. <br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security <br />Instrument and in ar y Rider executed by Borrower and recorded with it. <br />Witnesses: <br />(Seal) <br />Borrower By.. 1. Dexter 1� <br />(Seal) <br />,Borrower Laura L. Dexter <br />(Seal) <br />Borrower <br />Borrower <br />(Seal) <br />NEHRA - Single Family-Fannie NhloWrcddk Mae UNIFORM INSTRUMENT Form3028 1 /01 (/,yea] fA„ ,) <br />9754 CV (1/02) [645444 <br />60I0(0.4e92r) <br />
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