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<br />.. <br /> <br />200610727 <br /> <br />G. Remedies. If Borrower does not pay Community Association Dues, Fees, and Assessments when due, <br />then Lender may pay them. Any amounts disbursed by Lender under this paragraph G shall become additional debt <br />of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, <br />these amounts shall bear interest at the rate applicable to the Debt Instrument from time to time, from the date of <br />disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />21. Acceleration; Remedies. Borrower will be in default if (1) any payment required by the Debt <br />Instrument or this Security Instrument is not made when it is due; (2) Lender discovers that Borrower or any <br />co-applicant has committed fraud or made a material misrepresentation in connection with the Loan; (3) <br />Borrower takes any action or fails to take any action that adversely affects Lender's rights under this <br />Security Instrument, any of Lender's other security for the Debt Instrument, or any right Lender has in the <br />Property; or (4) Borrower is an executive officer of Lender and federal law permits or requires immediate <br />payment of the Loan. If a default occurs (other than under Section 16 or under subsection (4) of this Section <br />21, unless Applicable Law provides otherwise), Lender will give Borrower notice specifying: (a) the default; <br />(b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to <br />Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date <br />specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of <br />the Property. If the default is not cured on or before the date specified in the notice, Lender at its option may <br />require immediate payment in full of all sums secured by this Security Instrument without further demand <br />and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be <br />entitled to collect all expenses incurred in pursuing the remedies provided in this Section 21, including, but <br />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 <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 on 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 shall deliver to the purchaser Trustee's deed <br />conveyiU2 the PrQl!~rtt~.J'he reci~alt!!JI1~_l):!lstee's .~ee'!..s~all be .p,~i~",~!~_l:ie ~<<!e~!::e 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 actually <br />incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this <br />Security Instrument; and (c) any excess to the person or persons legally entitled to it. <br />22. Reconveyance. Upon payment of all sums secured by this Security Instrument and termination of <br />line of credit created by the Debt Instrument, Lender shall request Trustee to reconvey the Property and shall <br />surrender this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty. Borrower shall <br />pay any recordation costs. Lender may charge Borrower a fee for reconveying the Property, but only if the fee is <br />paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under <br />Applicable Law. <br />23. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a <br /> <br />iii~llillilliiililiililiiilllii (3/1/05) <br /> <br />(page II of 13 pages) <br />Documents Processed 10-11-2006, ] ] :24:45 <br />