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88100933
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Last modified
3/9/2007 5:41:05 PM
Creation date
3/9/2007 4:30:46 AM
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DEEDS
Inst Number
88100933
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<br />r 88- <br /> <br />100933 <br /> <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach 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 b)' 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 \lo, <br />reasonable attorneys' fees and !=osts 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 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 parc;el 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 />20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lcnder (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 Lcnder or the rcceiver <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 securcd by <br />this Security Instrument. <br />21. Reconveyance. Upon payment of all sums securcd 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 s'hall 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 />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 this Security Instrument. If one or more riders are executed by Borrower and recorded wgether 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 />xkJ Adjustable Rate Rider 0 Condominium Rider 0 2-4 Family Rider <br /> <br />o Graduated Payment Rider 0 Planned Unit Development Rider <br /> <br />&8 Other(s) [specify] Acknowledgement <br /> <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 i~t <br />. I - <br /> <br />..>>.'11: . ... . . .1:tyjt2.4~v.r...............................(SeaI) <br />'r:fj~ J. K U U -Borrower <br /> <br />'J~K~:;f.>~""""'::;;!~~l <br /> <br />[Space Below This Une F.... Acknowleclcrnenlj <br /> <br />STATB OF <br /> <br />.~~.................... }ss: <br /> <br />................................ <br /> <br />COUNTY OF <br /> <br />L <br /> <br />The foregoing instrument was. acknowledged before me this. . . . . ~.~~~. .~~ ~. . ~~~~. . . . .. . . _ . . . . . . _ .. .. ......... <br />N:>RMA J. Klr-&%EY AID JERRY L. KI~ WIFE AID HUSBAID (date) <br />by ...... - .. .. .. .. .. .. .. .... . . . . . . . .. . . . . . . .. .. . . . . .. . . . . .. . . . .. .. .. .. .. . . .. - . . . . . .. . . . . . .. . .. - .. .. .. .... . ....... <br />(person(s) acknowledging) <br /> <br />My Commission expires: <br /> <br />'1 ),. j ,-I ,), {~/i . <br />. . .. .. .}:f2<f/.f~(~'.~, . .. .? ? :. . ~. . . . ./.~ (1((:. ~, <br />I Notary Public <br />1/ <br /> <br />A GEIEIlIllMY_" ..... <br />;"1: -.. 1l11li <br />::'!./q;:-- _ClIIlI...t_ <br /> <br />Th!s irutrlllnent was prepared by.....:-l. I. :~Q!3.V:l........................,... ......... ............................. <br /> <br /> <br /> <br />I- <br />i <br />I <br /> <br />i <br /> <br />t. <br /> <br /> <br />.; <br />
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