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<br />r <br /> <br />L <br /> <br />rj <br />" <br /> <br />I <br /> <br />I" <br /> <br />87- 107395 <br /> <br />NON, UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: <br />19. Accelerationj Remedies. Lender sball give notice to Borrower prior to acceleration following Borrower's <br />breacb of any covenant or agreement in tbis Security Instrument (but not prior to acceleration under paragraphs 13 and 17 <br />unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the <br />default; (c) a d~ti!, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; <br />and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the,sums <br />secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to <br />reinstate after acceleration and the right to bring a court action to assert the non.existence of a default or any other <br />defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender <br />at its option may require immediate payment in full of all sums secured by this Security Instrument without further <br />demand and mllY invoke the power of sale and any otber remedies permitted by applicable law, Lender shall be entitled to <br />collect all expenses Incurred in pursuing the remedies provided in this paragraph 19, including, but not limited to, <br />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 ofthe <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 in <br />one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by <br />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 Trustee's deed conveying the <br />Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br />Trustee liha11 apply the proceeds of the sale in the foIlowing order: (a) to all expenses of the sale, including, but not limited <br />to, Trustee's fees as permitted by applicable law and reasonable attorneys' fees; (b) to all sums secured by this Security <br />Instrument; and (c) any excess to the person or persons legaIlyentitled to it. <br />20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Properly. Lender (in <br />person, by agent or by judicially appointed receiver) shall be entitled to enter upon. take possession of and manage the <br />Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver <br />shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not <br />limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by <br />this Security Instrument. <br />21. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to <br />reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security <br />Instrument to Trustee, Trustee shall'reconvey the Property without warranty and without charge to the person or persons <br />legally entitled to it. Such person or persons shall pay any recordation costs, <br />22. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee <br />to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded, <br />Without conveyance of the Property, the successor trustee shall succeed to allthe,title. power and 3uties conferred upon <br />Trustee herein and by applicable law. <br />23. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's <br />address which is the Property Address, <br />24. Riders to tllis Security Instrument. If one or more riders are executed by Borrower and recorded together with <br />this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and <br />supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security <br />Instrument. [Check applicable box(es)] <br />o Adjustable Rate Rider 0 Condominium Rider 0 2-4 Family Rider <br /> <br />o G~d~~ted Payment Rider 0 Planned Unit Development Rider <br /> <br />~ Other(s) [specify] Acknowledgement <br /> <br /> <br /> <br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security <br />1"'lmm~1 ,"d;n .ny rid'*l my",'" by Bo"ow",,"d =~.L2,.~..............................(",1) <br /> <br /> <br />LESI'ER D. HAI<I;; , " -Borrower <br /> <br />.A:t~fr7&:.~?ff{4~.,..,.",(Seal) <br />MARGARET M. RAKE -BorrOwer <br />[Si'Ke ,Below T!'is Une For A<knowl~~nl~.., . <br /> <br />STATE OF <br /> <br />, ~. . . .. . .. .. , .. .. .. ... } ss: <br /> <br />................................ <br /> <br />r--- <br /> <br />COUNTY OF <br /> <br />The foregoing instrument was acknowledged before me this DECEloffiER 30, 1987 <br />. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ .. ............ <br /> <br />LFSl'ER D. HAKE AN:> MARGARET M. RAKE HUSBAID AID WIFE (date) <br />by .....,..,',.,.,..,"',....,...,.,.."..".",.",..".,...."""".,.,...""""",.",.,..".............. <br />(person(s) acknowledging) <br /> <br /> <br />My Commission expires: 4' ~ -1 - 9 () <br />.._MY-" .. <br />J: 'ATRlceA ...IAMOI" <br />If eo. bf. .1~ <br />. -- <br /> <br />(~,at.u~/Q, ,~?:~4~:"".,. ~~~9 <br /> <br />Notary Public <br /> <br />(. <br /> <br />.JILL TOBIN <br /> <br />This i",trumenl W8< plepared by, <br /> <br />................................................................................. <br /> <br />-.J <br />