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88106289
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3/9/2007 5:41:52 PM
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3/9/2007 4:43:55 AM
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DEEDS
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88106289
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<br />88- 106289 <br /> <br />NON.UNlFORM COVENANTS. Borrower and Lender further covenanl and agree os follows: <br />1'. A....lentlon; Remedies. Lender obaIl slye notice to Borrower prior 10 acceleration following Borrower's <br />breach of uy coyenant or qreement In tbil Security Instrumenl (but not prior 10 acceleration under paragraphs 13 and 17 <br />unleu applieable law provides otberwlse). The notice sball specify: (a) tbe default; (b) the action required 10 cure the <br />default; (c) a date, nollesalhan 30 days from the dale the notice is slyen 10 Borrower, by which Ihe default must be cured; <br />and ld) that fallure 10 cure tbE defsult on or before tbe date specilled in tbe notice may result In acceleration of the sums <br />secured by tbis Securlly lnolrwnent and sale of tbe Property. The notice shall further Inform Borrower of the right 10 <br />reinstale after acceleration and the right to bring a court action to assert the non.exlstence of a default or any other <br />defense of Borrower to .....Ieratlon and sale. If the default ill not cured on or before the date specllled In the notice, Lender <br />at Its option may require immedlale paymenl In full of all sums secured by this Security [nstrumenl wilhout further <br />demand and may invoke the power of ale and any other remedies permitted by applicable law. Lender shall be entitled to <br />collect all e....nses incurred In punulng tbe remedies prorided In this paragraph 19, Including, bul nol Iimlled to, <br />reasonable attorneys' fees and costs of title evidence. <br />If the power of sale Is Invoked, Trustee sball record a notice of default In each counly In wblch any part of the <br />Property is localed and sb.1I mall caples ofsucb notice in the manner presc:ribed by applicable law 10 Borrower and 10 the <br />olber persono prescribed by applic.ble law. After the time reqoired by applicable law. Truslee shall give public notice of <br />sale 10 Ibe penono .nd in tbe manner prescribed by applicable law. Trustee, withoul demand on Borrower, shall selllhe <br />Property at public auction to Ihe highest bidder althe time and place and under the lerms deslgnaled in Ihe notice of sale In <br />one or more parcels and In any order Trustee determines. Trustee may postpone sale of nil or any parcel of tbe Properly by <br />public announcement 01 the time and place of any previously scbeduled sale. Lender or its designee may purchase the <br />Property alaoy sale. <br />Upon receipt of payment of tbe price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Property. The recitals In the Truslee's deed shall be prima facie evidence of Ihe lrulh of Ibe slalemenlS made Ihereln. <br />Trustee sballapply Ibe proceeds of the sale In Ibe following order: (a) to all expenses of Ihe sale, including, but nollimited <br />la, Truslee's fees as. permitted by applicable law and reasonable attorneys' fees: (b) to all sums secured by this Security <br />Instrument; and (e) any excesato the person or persons legally entitled 10 it. <br />20. Lender In Possession. Upon acceleration under paragraph J9 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 nlonage the <br />Property and to colla:t the rents of the Property including those past due. Any rents collected by lender or the receiycr <br />shall be applied first 10 payment of Ihe costs of management of the Property and collection of rents, including. but nol <br />limited to, receiver's fees, premiums on recdver's bends and reasonable attorneys' fees, and then to the sums secured by <br />this Security Instrument. <br />21. Reconvey.nce. Upon payment or all sums secured by this Sec.urilY [nstrument. Lender shan requesl Trustee 10 <br />reconvey the Property ond shall surrender this Security Instrument and aU 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 Bny recordation costs. <br />22. Substitute Tru.tee. Lender, at ilc; option, may from time to time remove Trustee and appoint a successor trustee <br />to any Trustee appoinled hereunder by an instrument recorded in Ihe county in which this Security Instrument is recorded. <br />Without conveyance of the Property, the successor trustee shall succeed to all the.tille, power and duties conferred upon <br />Trustee herein and by applicable law. <br />23. Request for Notlca. Borrower requests that copies of the notices of default and sale be sent to Borrowerts <br />address whieh is the Properly Address. <br />24, Riden to thlm Security In.trument. If one or more riders are executt.-d by Borrower and recorded together with <br />this Security Instrument. the covenants and agreements of each such rider shan be incorporated into and shan amcnd and <br />supplement the covenonts and agreements of this Security Instrument as ir Ihe rider(s) were a port or this Security <br />Instrument. [Check applicable OO.(es)] <br />o Adjuslable Rate Rider 0 Condominium Rider 0 2-4 Family Rider <br /> <br />o Graduated Payment Rider 0 Planned Unit Development Rider <br /> <br />[XJ Olher(s) [specify] ACKNOWLEDGEMENT DTD 11/18/88 <br /> <br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security <br />Instrumenl and in any rider(s) e.ecuted by Borrower and recorded with it <br /> <br /> <br />~~,'f"'?'#tOTc;;';~ <br />D6ROT!i~...~...~~.:=~! <br /> <br />[Sp.ce Below 11Iis Une For AeknowledcmentJ <br /> <br />Sf ATE OF <br /> <br />.... .~!'.ljM~!4\................ } <br />ss: <br />COUNTY OF ... ..J:IAI,l-...................... <br /> <br />The roreaoing inslrument w...cknowledged berore meth;... ._.1.l~~!1. .~^~. 9.l[.!,!q~!i:1l-. .1.~~~.......... ......... <br />(date) <br />by HeNlY. J . iWlSE. & .DORO:r.HY. LEE .WI.E:SE.HIlSBAND. .&. WIFE ,AS .JOINT . TENANTS. .&. NOT..As' .TEI'Wl:I:S <br />IN COHllON (penoo(s) acknowledging) <br /> <br />M, Commlillon ..pires: <br /> <br /> <br />FEBRUARY 14, 1990 <br />
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