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200511256
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200511256
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Last modified
11/15/2005 3:16:45 PM
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11/15/2005 3:16:44 PM
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DEEDS
Inst Number
200511256
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<br />. .- <br /> <br />200511256 <br /> <br />" <br /> <br />Borrower shall promptly give lender written notice of any investigation, claim, demand, lawsuit or other action by any <br />governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental law of which <br />Borrower has actual knowledge. If Borrower learns. or is notified by any governmental or regulatory authority, that any removal or <br />other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial <br />actions in accordance with Environmental law. <br />As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by <br />Environmental law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and <br />herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, <br />"Environmental law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or <br />environmental protection. <br /> <br />21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach <br />of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless <br />applicable law provides otherwise). ThB notice shall specify: (a) the default; (b) the action required to cure the default: (c) <br />a date, not less than the minimum number of days established by applicable law from the date the notice is given to <br />Borrower, by which the default must be cured; and (dl that faililre to cure the default on Dr before tha riate llllecified in the <br />notice may result in acceleration of the sums secured by this Security Instrument, and sale of the Property. The notice <br />shall further inform Borrower of the 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. If the 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 secured by <br />this Security 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 />paragraph 21, 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 to the <br />other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice of <br />sale to the persons and in the manner prescribed 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 and under the terms designated in the notice of sale <br />in one or more 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 purchase the <br />Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustea's deed conveying the <br />Property. The recitals in the Trustee's deed shall be prima facie evidence of tha 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 DXercising the power of <br />sale, and of the sale, including the payment of the Trustee's fees actually incurred, not to exceed % of the <br />principal amount of the note at tha time of tha declaration of default. Ilnd reasonable attorneys' fees as permitted by law; <br />(bl to all sums secured by this Security Instrument: and (c) any excess to the person or persons legally entitled to it. <br /> <br />22. Reconveyance. Upon payment of all sums securad by this Sacurity Instrumant, landar shall raquast Trustee to reconvey <br />the Property and shall surrender this Security Instrument and all notes avidencing dabt sacurad by this Sacurity Instrument to Trustee. <br />Trustee shall reconvey tha Property without warranty and without charga to tha person or persons legally entitled to it. Such person or <br />persons shall pay any recordation costs. <br /> <br />23. Substitute Trustee. lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any <br />Trustee appointed hereunder by an instrument recorded in tha county in which this Security Instrument is recorded. Without <br />convayanca of tha Property, tha succassor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by <br />applicable law. <br /> <br />24. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrowar's address <br />which is tha Property Address. <br /> <br />By initialing. I acknowledge this is page 6 of 7 <br />of the Deed of Trust. <br /> <br />~ Copyright Compli.nce 5y,tom,.lnc. 1993. 1994. 1995. 1997. ~004 <br />ITEM 121NEL6 104081 P.g. 8 of 7 <br /> <br />.D..s . <br /> <br />Initials <br /> <br />Initials <br /> <br />lnitl Is <br /> <br />Initials <br /> <br />www.complianc&S"vuem.$.l:l;Im <br />800.989.8522 Fax 616.956.' 868 <br />
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