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200213193
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Last modified
10/15/2011 10:57:04 AM
Creation date
10/22/2005 10:54:14 PM
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DEEDS
Inst Number
200213193
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200213193 <br />by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower <br />learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation <br />of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions <br />in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental 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 Borrower's <br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless <br />Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the <br />default, (e) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be <br />cured; and (d) that failure to care the default on or before the date specified in the notice may result in acceleration <br />of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower <br />of the right to reinstate after acceleration and the right to bring a court action to assert the non- existence of a default <br />or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the dale specified <br />in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security <br />Instrument without further demand 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 in pursuing the remedies provided in this <br />Section 22, 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 any part of the <br />Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and <br />to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give <br />public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on <br />Bar- rower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms <br />designated in the 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 previously scheduled <br />sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power <br />of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as <br />permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person <br />or persons legally entitled to it. <br />23. Reconveyance. Upon payment of all sums seemed by this Security Instrument, Lender shall request Trustee to <br />reconvey 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 reconveying <br />the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the <br />fee is permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee <br />to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. <br />Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon <br />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 address <br />which is the Property Address. <br />..S.A - $Ingle Family- Pantie MWFrtBEIe Mx ear. LYBrRCS1E.1T form 3038 1 101 <br />OINE3038.1010/W 88039.1931 Pogo 10.111 <br />
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