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200700674
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1/29/2007 4:11:36 PM
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1/29/2007 4:11:36 PM
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DEEDS
Inst Number
200700674
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<br />200700674 <br /> <br />14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of <br />execution or after recordation hereof. <br /> <br />15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, <br />improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require <br />Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses <br />which Borrower may have against parties who supply labor, materials or services in connection with improvements made to <br />the Property. <br /> <br />16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is <br />sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without <br />Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Deed of <br />Trust. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Deed <br />of Trust. <br /> <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not <br />less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this <br />Deed of Trust. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies <br />permitted by this Deed of Trust without further notice or demand on Borrower. <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br /> <br />17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or <br />agreement of Borrower in this Deed of Trust, including Borrower's failure to pay, by the end of 10 calendar days after they <br />are due, any sums secured by this Deed of Trust, Lender prior to acceleration shall give notice to Borrower as provided in <br />paragraph 12 hereof specifying: (I) the breach; (2) the action required to cure such breach; (3) a date, not less than 20 days <br />from thc date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach <br />on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of <br />the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a <br />court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is <br />not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this <br />Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other <br />remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in <br />pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees. <br /> <br />lIthe power of sale is invoked, Trustee shall record a notice of default in each county in which the Property or some part <br />thereof 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 lapse of such time as may be required by applicable law, Trustee shall <br />give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on <br />Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated <br />in the notice of salc in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or <br />any parcel of the I'roperty by public announcement at the time and place of any previously scheduled sale. Lender or <br />Lender's designee may purchase the Property at 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 />sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee <br />shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses ofthe sale, including, but <br />not limited to, Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums <br />secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. <br /> <br />In~ials l) \1- a~ <br /> <br />\8 -76N(NE) (0509) <br />@ <br />DbS.NFF <br /> <br />Page 5 of? <br /> <br />Fonn 3828 <br />
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