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88- 103612 NON.UNIFORM CoVENANTS. Borrower and Lender further covenant and agree as follows: 19. Acceleration; Remedies. Leader shall live notice to Borrower prior to acceleration following Borrower's bracb of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 unless applicable law prondes otherwise). The notice sbll11 specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from tbe date the notice is liven to Borrower, by which the default must be cured: and (d) that failure to cure the default on or before the date specified in the notice may result In acceleratien of tbe sums secured by this Security Instrument and sale of the Property. The notice sball further Inform Borrower of the right to rei~te after acceleration and the right to bring.. court action to assert the non-exlstence of. default or any other defense of Borrower to ac:eeleration and sale. If the default is Dot cured on or before the date specified in the notice, Lender at its option may require immediate payment in run of all sums secured by this Secllrity Instrument without further demand and may invoke the. power of sale and any other remedies permitted by applicable law. Lender shall be entitied to collect all expelllle5 InclU'i'ed inpunuinfj! the remedies provided in this paragraph 19, Including, but not limited to, reasonable attorneys' fees aad costs of title evidence. If the power of sale is'invoked, Trustee sbau record a notice of default in each county in which any part of the Property is located and shall mail copies C!f sucb notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the time required by applicable law, Trustee sball give public notice of sale. to the persons and in tbe manner prescribed by applicable law. Trustee, without demand on B~rrower, shall sell the Property at public auction to tbe highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously seheduled sale. Lender or its desigriee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals In the Trustee's deed shall be prima facie evidence of tbe truth of the statements made tberein. Trustee shall apply tbe proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees as permitted by applicable law and reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. 21. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Pr~perty and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. 22. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to allthe.title. power and duties conferred upon Trustee herein and by applicable law. 23. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address which is the Property Address. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ~ Adjustable Rate Rider 0 Condominium Rider 0 2-4 Family Rider o Graduated Payment Rider 0 Planned Unit Development Rider [i] Other(s) [specify] ACKNOWLEDGEMENT BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. d ff:..~..d~,.................. . ...................(Seal) F~lS D THAV NET -8orro_' ~.. .............. ........... ....... Seal) CAROL 5 THAVENET [Sp<<e Below TIlls Une For Acknowledplent) COUNTY OF . . .., . .NMWl<A..., , .... ..... } . . . . . . JIAI..L. . . . . . . . . . . . . . . . . . . . SS: STATB OF The foregoing Instrument was aeknowledlZed before me this.... 9.6l~}~~.~..............,................. ..... ..... (date) by ..... f.IW\Cl.~.O. ,TlIAVt:NJ;:1-'. .tWP. .C^~9M.~. :nlAY~.li . .. .!I.t1~~~P..~.f!. ~~!f~'" ~~. ~.c?~~ .;r.~~NIT~... (penon(s) aeka edging) " """"'''',.. np'~' 12/28/89 ~ ~ ...L-=t~'t. i ~\R~L \, ~\tH~~! 2l..!2..J Notary Public This Inmulncnl was prepared by........................,.......... . " .. ..