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200603224
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200603224
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Last modified
4/12/2006 4:19:33 PM
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4/12/2006 4:19:32 PM
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DEEDS
Inst Number
200603224
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<br />200603224 <br /> <br />hy any govl:rnml:ntal or regulatory authority, or any private party, that any ITmoval or othl:r rl:ml:diation <br />of any Hazardous Suhstance affecting the Property is necessary, Borrov.u shall pronlptly take all necessary <br />remedial actions in accordance with EnviromTIl:ntal Law. Nothing herein shall create any obligation on <br />Lender f(lr an Environmental Cleanup. <br />NON-UNIfORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Accelenltion; Remedies. Lender shall give notice to Borrower priOl" to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (hut not prior to <br />acceleration under Section J8 unless Applicllhle Law provides otherwise). The notice shall specify: (a) <br />the default; (h) the action required to cure the default; (c) II dllte, not less than Jll days from the date <br />the notice is given to Borrower, by which the default must he cured; and (d) thllt failure to cm"e the <br />default on or hefore the date specified in the notice may result in acceleration of the sums secured by <br />this Security Instrument and sale of the Property. The notice shall further inform Borrower of the <br />l'ight to reinstate after acceleration and the right to bring a com.t action to assert the non-existence of <br />a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or <br />hefore the date specified in the notice, LendCl" at its option may require immediate payment in full of <br />all sums secured by this Securil)' Instrument without further demand and may invoke the power of <br />sale and any other remedies permitted hy Applicable Law. Lendel" shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, <br />reasonahle attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each counl)' 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 LlIW. After the time <br />required by Applicable Law, Trustee shllll give public notice of sllle to the pel'sons llnd in the manner <br />prescribed b,y Applicahle Law. Trustee, without demand on Borrower, shall sell the PrOllerl)' at <br />public auction to the highest bidder at the time and place and under the tenns designated in the <br />notice of sale in one or more pal"Cels and in llny order Trustee determines. Trustee may postpone sale <br />of llll or llny pllrcel of the Property by public llnnouncement at the time llnd Illace of llny previously <br />scheduled sale. Lender or its designee may pm'chase the Property at an)' sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitllls in the Tmstee's deed s lull I be prima fllcie evidence of the truth <br />of the statements made thel'cin. Trustee shallllpply the proceeds of the Slllc in the following ordel": (a) <br />to llll costs and expenses of exercising the power of sale, and the sllle, including the payment of the <br />Trustee's fees actually inclJITed and rellsonllble attorneys' fees as permitted by Applicllble Law; (b) to <br />all sums secured by this Security Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />23. ReconveYllnce. Upon payment of all sums secured hy this Security Instrument Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes <br />evidencing deht secured by this Security Instrument to Trustee, Trustl:l: shall ITCOnVl:Y tht: Property <br />without warranty to the person or persons kgally entitled to it. Such person or persons shall pay any <br />recordation costs. Lenekr may charge such pl:rson or pl:rsol1s a fee for reeonveying the Propl:rty, hut only <br />if thl: fel: is paid to a third party (such as thl: Trustee) for serviel:s ITnekrl:d and thL: charging of the fee is <br />permitted unekr Applicable Law. <br />24. Substitute Trustee. Lender. at its option, may from time to time remove Truslel: and appoint a <br />successor trustL:l: to any Trustee appointed hl:rl:Ulllkr hy an instrument rl:corded in the county in which this <br />Security lnstruml:nt is recorded. Without eOnVl:yatKe of the Propl:rty, the successor trustl:l: shall succeed to <br />all the titk, pOWl:r and duties c(lI1ferrl:d upon Trllstee herein and hy Applicable Law. <br />25. Request for "IIotices. Borrower rl:qul:sts that copies of thl: notice of ddli\Jlt and sale he sent to <br />Born)wl:r's addrl:ss which is the Property Addrl:ss. <br /> <br />0110247970 <br /> <br />~.6(NE) (0407),01 <br />~ <br /> <br />C)( C'\ <br />Illitia Is: =r-f <br /> <br />P"de 1 3 of 1 5 <br /> <br />Form 3028 1/01 <br />
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