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<br />r <br /> <br />I <br />i <br />I <br />\' <br />\1 <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />i <br />, <br />I <br />I <br />I <br />1 <br />I <br />1 <br />I <br /> <br />U <br /> <br />NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: 88J 0 0 069 <br />19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />brcllch of any covenant or agreement in this 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 date, 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 may invoke the power of sale and any other 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 of the <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 biddl1r 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 shall apply the proceeds of the sale in the following 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 legally entitled to it. <br /> <br />20. Lender in P.ossession. Upon acceleration under paragraph 19 or abandonment of the Property, 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 /> <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 sha!l 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 all the title, power and duties conferred upon <br />Trustee herein and by applicable law. <br /> <br />23. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's <br />address wbicb is the Property Address. <br /> <br />24. Riders to tbis Security Instrument. If one or more riders are executed by Borrower and recorded togetber with <br />this Security Instrument, tbe covenants and agreements of each such rider shall be incorporated into and shall amend and <br />supplement the covenants and agreements of tbis Security Instrument as if the rider(s) were a part of this Security <br />Instrument. [Cbeck applicable box(es)] <br />o Adjustable Rate Rider 0 Condominium Rider 0 2-4 Family Rider <br /> <br />o Graduated Payment Rider <br /> <br />o Planned Unit Development Rider <br /> <br />o Other(s) [specify] <br /> <br />BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security <br />Instrument and in any rider(s) executed by Borrower and recorded with.it. <br /> <br />~~..l~~~..........".... <br />/:' <br /> <br /> <br /> <br />..........,.................... ...(Seal) <br />-Borrower <br /> <br />On this 5 day of C)tj./l.<</Vt?j-- ,19P.f, before m~, the under gned,. a Notury P1lhlk <br />duly commissioned and qualified for said ~unty, per/onally came Carmen L1.bman, Barry L1.bman, Adnenne <br />Libman, Michael Libman, Joni Peltz and Alex Peltz ,to me known to he the <br />identical person(s) whose name(s) are subscribed to the foregoing instrument and acknowledged the execution <br />thereof to be voluntary act and deed. <br />Witness my hand and notarial seal at Mari copa, Phoe nix, Ari zona <br />date aforesaid. <br /> <br />r-- <br />i <br /> <br />in sai,d.,county, the <br /> <br />..,.","\. <br />"'" <br /> <br />~~/~? r-- ..:,' ,/:./ ~j ":7 <br /> <br />........... ........ ................. .~..:-r-'.'.........l . J.c .' <br />( NOlary Public ~: ..... - l_ J : . ~ f . . :' ~.- <br />REQUEST FOR CONVEYA MYCommiSSIDn[XPlr~S~:li'199f; ,'. ,r) <br /> <br />To TRUSTEE:.,,s, .,....,.. ',1'" <br /> <br />The undersigned is the holder of the note or notes secured by this Deed of Trust. Said nole or 'f1otqS.~,lflgclher <br />with all other indebtedness secured by this Deed of Trust, have been paid in full. You arc herehy directed to cancel said <br />note or notes and this Deed of Trust, which arc delivered herehy, and 10 reconvey, without warranty, all the rstatr <br />now held by you under this Deed of Trust to the person or persons legally entil kd tht'rt'lo. <br /> <br />My Commission expires: <br /> <br />, <br />.' .. <br /> <br />/ . <br />c.,. <br /> <br />Dale: <br />