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88101303
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Last modified
3/9/2007 5:41:08 PM
Creation date
3/9/2007 4:31:43 AM
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DEEDS
Inst Number
88101303
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<br />r <br /> <br />u <br /> <br />88-101308 <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 agreemeilt 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 SeCHrity 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 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 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, 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 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 together with <br />this Security Instrument, the covenants ..nd agreements of each such rider sh:dl 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 />~ Adjustable Rate Rider 0 Condominium Rider 0 2-4 Family Rider <br /> <br />o Graduated Payment Rider 0 Planned Unit Development Rider <br /> <br />IXkOther(s) [specify] Acknowledgement <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 />~.... :~. .- ;'/< ~.. /?J../..~t.&.........(Seal) <br /> <br />~~. -Borrower <br /> <br /> <br />. .. ....~~C'!-g;:,.c:....:~~................(Seal) <br />OOROlHY"C.(~ -Borrower <br /> <br />[SpKe Below ThIS Line For Acknowledgmentl <br /> <br />STATE OF <br /> <br />.~................... <br /> <br />HALL <br />. .. ~ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. <br /> <br />} SS: <br /> <br />COUNTY OF <br /> <br />The foregoing instrument was acknowledged before me this MARCH 18, 1988 <br />. .. ...................................................0............ ................ <br /> <br />by ..~,r....~.~.~~.~~.~ HUSBAND ANDWI~te) <br />.. . .. ............................................................... <br /> <br />(person(s) acknowledging) <br /> <br />My Commission exnirpc' <br />J:HMl, 1M, MY_".... <br />IINIAIlT . ... <br />.. ... EIJ ..., t - <br /> <br />/j'<, , 'y~' ..' <br />I (J (. ,f <":) -/ ) -J " ' <br />...,.>: a:~'l'i/? ::.(:{... ??:,'. .L:."-:-:,~~.~t??~. ~.~H <br /> <br />\ / Notary Public <br /> <br />, <br />h. <br /> <br />This instrument was prepared by.. .J,.., TOBIN <br /> <br />..................................................................... <br />
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