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200208011 <br />FNE2 <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 under this paragraph 18, <br />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 <br />public auction to the highest bidder at the time and place and under the terms designated in the <br />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 <br />previously scheduled sale. Lender or its designee may purchase the 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. <br />3751 et 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 5.0 % of the principal amount <br />of the note at the time of the declaration of default, and reasonable attorneys' fees as permitted by <br />law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons <br />legally entitled to it. <br />19. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request <br />Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt <br />secured by this Security Instrument to 'I Trustee shall reconvey the Property without warranty and <br />without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation <br />costs. <br />20. Substitute 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 this <br />Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all <br />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 part <br />Of this Security Instrument. [Check applicable box(es)]. <br />O Condominium Rider 0 Growing Equity Rider 0 Other [specify] <br />Planned Unit Development Rider M Graduated Payment Rider <br />inin4k1✓� <br />Ck- 4NINEhae , o•s• v =' e <br />