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200202497
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200202497
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Last modified
10/14/2011 6:01:39 PM
Creation date
10/21/2005 11:38:37 PM
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DEEDS
Inst Number
200202497
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200202497 <br />If Lender exercises this option, Lender shall give Borrower <br />notice of acceleration. The notice shall provide a period of not less <br />than 30 days from the date the notice is delivered or mailed within which <br />Borrower must pay all sums secured by this Security Instrument. If <br />Borrower fails to pay these sums prior to the expiration of this period, <br />Lender may invoke any remedies permitted by this Security Instrument <br />without further notice or demand on Borrower. <br />13. Borrower's Right to Reinstate. If Borrower meets certain <br />conditions, Borrower shall have the right to have enforcement of this <br />Security Instrument discontinued at any time prior to the earlier of: (a) <br />5 days (or such other period as applicable law may specify for <br />reinstatement) before sale of the Property pursuant to any power of sale <br />contained in this Security Instrument; or (b) entry of a judgment <br />enforcing this Security Instrument. Those conditions are that Borrower: <br />(a) pay Lender all sums which then would be due under this Security <br />Instrument and the Note had no acceleration occurred; (b) cure any <br />default of any other covenants or agreements; (c) pay all expenses <br />incurred in enforcing this Security Instrument, including, but not <br />limited to, reasonable attorneys' fees; and (d) take such action as <br />Lender may reasonably require to assure that the lien of this Security <br />Instrument, Lender's rights in the Property and Borrower's obligation to <br />pay the sums secured by this Security Instrument, shall continue <br />unchanged. Upon reinstatement by Borrower, this Security Instrument and <br />the obligations secured hereby shall remain fully effective as if no <br />acceleration had occurred. However, this right to reinstate shall not <br />apply in the case of acceleration. <br />14. Acceleration; Remedies. Lender shall give notice to Borrower <br />prior to acceleration following Borrower's breach of any covenant or <br />agreement in this Security Instrument (but not prior to acceleration <br />under paragraphs 8 and 12). The notice shall specify: (a) the default; <br />(b) the action required to cure the default; (c) a date, not less than <br />30 days from the date the notice is given to Borrower, by which the <br />default must be cured; and (d) that failure to cure the default on or <br />before the date specified in the notice may result in acceleration of the <br />sums secured by this Security Instrument and sale of the Property. The <br />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- <br />existence of a default or any other defense of Borrower to acceleration <br />and sale. If the default is not cured on or before the date specified <br />in the notice, Lender at her option may require immediate payment in full <br />of all sums secured by this Security Instrument without further demand <br />and may invoke the power of sale and any other remedies permitted by <br />applicable law. Lender shall be entitled to collect all expenses incurred <br />in pursuing the remedies provided in this paragraph 14, including, but <br />not limited to, reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice <br />of default in each county in which any part of the Property is located <br />and shall mail copies of such notice in the manner prescribed by <br />applicable law to Borrower and to the other persons prescribed by <br />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 <br />by applicable law. Trustee, without demand on Borrower, shall sell the <br />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 <br />parcels and in any order Trustee determines. Trustee may postpone sale <br />of all or any parcel of the Property by public announcement at the time <br />and place of any previously scheduled sale. Lender or her designees may <br />purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall <br />deliver to the purchaser Trustee's deed conveying the Property. The <br />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 <br />sale in the following order: (a) to all expenses of the sale, including, <br />but not limited to, Trustee's fees as permitted by applicable law and <br />reasonable attorneys' fees; (b) to all sums secured by this Security <br />Instrument; and (c) any excess to the person or persons legally entitled <br />to it. <br />
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