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200700328
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1/12/2007 4:33:20 PM
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1/12/2007 4:33:18 PM
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DEEDS
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200700328
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<br />200700328 <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lendt:r further covenant and agret: as follows: <br /> <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of <br />any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable <br />Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not <br />less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to <br />cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security <br />Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration <br />and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration <br />and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate <br />payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale <br />and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing <br />the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. <br /> <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property <br />is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to the other <br />persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public notice ofsale to <br />the persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property <br />at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or <br />more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public <br />announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at <br />any sale. <br /> <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. <br />The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall <br />apply the proceeds of the sale in the following order; (a) to all costs and expenses of exercising the power of sale, and the <br />sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable <br />Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. <br /> <br />23. Reconveyance. Upon paymt:nt of all sums secured by this Security Instrument, Lender shall rt:qut:st Trustt:e to <br />reconvey the Property and shall surrender this Security Instrument and all noles evidencing debl secured by this Security <br />Instrument to Truslee. Trustee shall reconvey the Property without warranly to the pt:rson or persons legally entitled lo it. <br />Such person or persons shall pay any recordation costs. I,t:nder may charge such person or persons a fee tor reeonveying the <br />Property, but only if the fee is paid lo a third party (such as the Truske) for services rt:ndered and the charging of the fee is <br />permitted under Applicable Law. <br /> <br />24. Substitute Trustee. Lendt:r, at ils oplion, may from time to time remove Trustee and appoint a successor trustee to <br />any Trustee appointed hereunder by an instrumenl recorded in the county in which this Security Instrument is recorded. <br />Withoul conveyance of the Properly, the successor trustee shall succeed to all the title, power and duties conferred upon <br />Truslee herein and by Applicable Law. <br /> <br />25. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address <br />wbicb is the Property Address. <br /> <br />Initi.ls 1) R G.. .J!;) <br /> <br />_ -6A(NE) (0407).01 <br />@ <br />DDS-NET <br /> <br />Page 13 of 15 <br /> <br />Form 3028 1/01 <br />
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