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200206668
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Last modified
10/15/2011 12:41:12 AM
Creation date
10/22/2005 8:54:32 PM
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DEEDS
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200206668
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M 0 02, <br />Borrower shall promptly give Lender wrinen notice of (a) any Litigation, clai= demand_ lawsuit or <br />other action ay any govertnntntal or re- <br />gulatory agency ca- prn-ate party i nvolvirg the Property and any Hazardous <br />Suusta -ice or Environ_mc wzal Law of which R wrc . "actaA i�•�l.d� , (b) any Envircamental Condit�m <br />including but not limited to, any spilling, italdng, d6-Lh -are, rrictase or threat of release of any Hazardous <br />Substance, a-td (c) any condition caused by the prese� ;e, use or reitase of a Hazardous Substanoc which adversely <br />affects the value of the Proxrry If Bcarov rr !curs, cc is r etifird by any govv n=xvtal or regulatory authority, or <br />any pivate party. that any removal or other remcd iaica of any Hazardous Substance affecting the Property is <br />Borrower stall Promptly take_ all recesswy reTa vdLal aeons in accordance r-ith Enviironmcmai Law. <br />Nothing herein stead create any obligation on Lender for an Eavirorimentai Cleanup. <br />NON-UNIFORM COVENANTS. &smuts and Lendei farther ce+sicuaat and agree as follow <br />22. Acceleration; Remedies. Lender shall Live 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 <br />under Section IS unless Applicable Law provides otherwise). The notice shall specify= (a) the default -, (b) <br />the action rewired to cure the def trir, (c) a date. not less thin 30 days from the date the notice is given to <br />Borrower, by %hick the default must be curet!; and (d) that fiilare to cam dke defaalt an or before the date <br />specified in the notice ta;y resuh in acceleration of the saws scoured by this Ceeuari[r Insum neat and sale of <br />the Property-_ The notice shall farther inform BarrowYr of the right to r riastate after accderation and the <br />right to bring a court action to assert the non- esistence of a drtaph or hay other defense of Borrower to <br />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 <br />further demar d and may invoke the power of sale and any other remedies, permitted by Applicable Law. <br />Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section <br />22, including, but not limited to, reasonable attorneys' fees anO costs of title evidence. <br />If the power of sale is invoked, Trmctee shall record a notice of default in earb county in which any <br />part of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable <br />Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by <br />Applicable Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by <br />Applicable Law_ Trustee, without demand or Borrower, shall sell the Property at public auction to the <br />highest bidder at the time and place 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 of all or any parcel of the Property <br />by public announcement at the time and place of any previously scheduled sale. Lender or its designee may <br />Purchase the Property at any sale_ <br />Upon receipt of payment of the price bid, Trustee sball.deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustee's deed ih.ell be prima facie evidence of the truth of the <br />statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs <br />and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees <br />actually incurred and reasonable attorneys' fees as permitted by'Applicable Law; (b) to all sums secured by <br />this Security Instrument; and (c) any excess to the person or persons legally entitled to it- <br />23. Iteconvcyance. Upon pa <br />yment of ali su n§ secured by this Security Instrument, Lender shall request <br />Trustee to recor."ey the Property and shall sttrrcmler This Security In3trument and all notes evidencing debt <br />secured by this Se`usir• Insttutnznt to Trustee. Trustee stall reconvey the "roperty without warranty to the person <br />or per�or.s legally entitled to it. Such person or persons shall pay any recordation. costs. Ltrder may char-,c such <br />r crson or per =ori; a fee far reconve}•ing., the Pto_pe ry. but on'y if the fey is paid to a third parry (such as :he <br />Taistee) for services rendered and the charging,oftbe fee is permitted ti ider.%ppIaCable Law. <br />24. Substitute Trustee, bender, at its option, may from ft. : to time ,rgznove Trustee and appoint a <br />successor tr„stee to any Trustrc appointed hereunder by a❑ instrument recorded in the county in which this <br />Security instrument is recorded_ Without coo-: eyance: of the Property, t, successor, trustee shall succeed to all the <br />title, power and duties conferred upon Trustee herein and by ApPrcable Law. <br />25. Request for Notices. Borrower reyu, sts that copies of the notice of default and sale be sent to <br />Borrowers address which is the Prope_• y Address. <br />-6(NE) (oras <br />iNII1 :5. ^{ <br />Form 3028 1 /01 <br />A <br />
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