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<br />I <br />88- 101579 <br /> <br />NON.UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />19. Acceleration: Remedies. Lender shall Idve notice to Borrower prior to acceleration following Dorrowcrf~ <br />breach of any covenant or agrefJment In this Security Instrument (but not prior to acceleration under pOrRgraphs 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 dote, not less than 30 doys 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 spcclfled 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 rlllht to bring a court nction 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 Secluity Instrument without further <br />demand and may invoke the power of sule and any other remedles 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 shaH record a notice of default in each county in which any part of the <br />Property Is located and shall malll.'opies of such notice in the manner prescribed by aTlplicable law to Borrower and to the <br />other person~ 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 preseribed by applicable law. Trustee, without demand on Borrower, shall sell the <br />Property at public audion to the highest bidder at the time Bnd plaee and under the terms designated in the notice of sale in <br />one or more parcels and In any order Trustee dctermines. Trustee may postpone sale of all or !lny parcel of the Property by <br />public annoUhcement 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 convc)'ing 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 sams secured by this Security <br />Instrument; and (e) any excess to the person or persons ICRally entitled to it. <br />J.O. Lender in Possession. Upon acceleration unller 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 colle~t 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 ~r.operty 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 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 arc executed by Borrower andrecordcd 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 />~nstrumellt. (Check applicable box(es)] <br />[X}{Adjustab1e Rate Rider 0 Condominium Rider 0 2-4 Family Rider <br /> <br />o Graduated Payment Rider 0 Planned Unit Development Rider <br /> <br />:IQil Other(s) [specify] Acknowledgement <br /> <br /> <br />By StGNING 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",~' <br /> <br />~.L~~,,) <br />HERBERl' H. mRrHINGION -Borrower <br /> <br />~(.:n.71.t.~/.(d..ot:i.L2'1Zil:L/.Z2 ~~al) <br />ENNIFEiiIL'~' WORrHIWl'ON 1'~~orrower <br /> <br />[5pxe Below Thi5 Li for Acknowledln1e"tl <br /> <br />COUNTY OF <br /> <br />'~~"'..'."""""."} <br /> <br /> <br />'~~"..""'.'..":"'."'.'. ss: <br /> <br />STATB OF <br /> <br />The foregoing Instrument was. acknowledged before me this. . . . .~. . ~~. ~ . ~~~~ . . . . . . .. . . . , . . . .. . . . . . .. . .. .... .. <br />HERBER!' 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