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88105066
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Last modified
3/9/2007 5:41:41 PM
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3/9/2007 4:41:03 AM
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DEEDS
Inst Number
88105066
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<br />1:..88- 105066 <br />NON.UNIFORM COVENANlS. Borrower and Lender further covenant and agree 8S ronows: <br />19. Acceleration; Remedies. Leader shall Ki't DOtice to Borrower prIor to acceleration rollowlng Borrower's <br />breKb of uy co..lWlt or AllIUm.ntla thl. Sec:1Irity IlIItnlIIIent (bKt not prior to .cc.I....tion under paragraphs 13 and 17 <br />lUll... appli...bl. 1... prolides otherwise), The Dotice ....n specify: C.> the def'KIt; (bl the action required to cure the <br />delaalt; (e> a date, Dot I... than 30 da)'ll from the date the notice is gi..n to Borro..er, by which the d.fault must be cured; <br />and (d) th.t failure to cure the d.f.ult on or before lb. date specified in the notice m.y result in acceleration of Ihe sulll!i <br />secured by this Seeurity Inatrument and saI. of th. Property. The notice shall further inform Borrower of the right to <br />relnstat. .ner acceleration and the rlghl to bring a eourt action 10 assert the non-exlstence of a default or any other <br />defense of Borrower to acceleration and sale. Uthe derault 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 SUIll!i secured by tbis Secu.rity Instrument witbout further <br />dcm...,d and may invoke the power ofule and any other remedies permitted by applicable law. Lender shall be entitled to <br />collect all ex~nses incurred in pursuing the remedies provided in this paragraph 19, inc1uding, but not limited to. <br />reasonable attomeys' fees and costs ortit1e e,idence. <br />U the power of sale is invoked, Trustee shall record a notice of default in each county in wbich any part of the <br />Property is located and shall mail copies {l(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 th~ persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the <br />Property at public auction to ~e 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 pareel of the Property hy <br />public nnnouncement at the time and place of any previously scheduled sale. Lender or its designee may purchase tbe <br />Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trus~ee's deed conveying the <br />Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of tbe statements made therein. <br />Trustee shall apply the proceeds of the sale in the following order: (8) 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 Propeny, Lender (in <br />person, b,y agent or bJo' judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the <br />Property and to caUcct the rents of the Propeny 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 lnstrument, Lender shall request Trustee to <br />reconvey the Pmpert}' 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 />legaUy 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 in5trument recorded in the county in which this Security Instrument is recorded. <br />Without conveyance oftbe Property, the successor trustee shall succeed to all the.title, power and duties conferred upon <br />Trustee herein and by applicahle law. <br />23. Request for Notices. Borrower requests that copies of the notices or default and sale be sent to Borrower's <br />address which is the Property Address. <br />24. Riden to this Security Instrument. If one or more riders are executed by Borrower and recorded 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 />Instrument. [Check applicable bo.(es)] <br />fa Adjustable Rate Rider 0 Condominium Rider CJ 2-4 Family Rider <br /> <br />o Graduated Payment Rider 0 Planned Unit Development Rider <br /> <br />iQl Other(s) [specify] ACKNOWLI:llGEMENT <br /> <br />By SIGNING BELOW, Borrower accepts and agrees to the tenDS and covenants contained <br />Instrument and in any rider(s) executed by Borrower and reco~ded w' it. <br /> <br />. .~ffi,U. <br />.............................................................. <br />DAVID A WHITE <br /> <br />in this Security <br /> <br />.Ppp(Seal) <br />_Borrower <br /> <br />..AIz.a!.0:Y.JC)ppf?.pU).JU.:1:rL.p . . <br />SIIARON R WHITE <br /> <br />.p(Seal) <br />_Borrower <br /> <br />[Space Bekl_ This LIne FOf' Acknowledcmentl <br /> <br />COUNTY OF <br /> <br />:::::==~:::::::::::::::: }ss: <br /> <br />STATE OF <br /> <br />by ....Q~Y.J,q.A.~~~.~ .~. .~l!Ml:(>N. .~. ~?:E... .~.~ <br />(pennO(S) <br /> <br />The foregoing instrument "''as acknowled,ed before mt! this.........,.. .~~.:. ~.~~. .~~, .~~~.~~~~~ ..~~~.~.......... <br />(date) <br /> <br /> <br />~lh\'~\~= <br /> <br /> <br />NoUlIY Public <br /> <br />My Commission expires: 12/ 28/ 89 <br /> <br />1'J:-IIITAI'I.SlIII"- <br />_t_ <br />. r Irt.a~"'ll- <br /> <br />ni" Inslfilment .,.,tn prepared by. <br /> <br />" h~....~.i.<, <br />
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