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<br />200707443 <br /> <br />NON LJNIF()I~M COVENANTS. Borrowcr and Lender furthcr covenanl ami agree as follows: <br />22. Acceleration; Rcmcdies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to <br />acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) <br />the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date <br />the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure thc <br />default on or before the date specified in the notice may result in acceleration of the sums secured by <br />this Security Instrument and sale of the Property. The noticc shall further inform Borrower of the <br />right to reinstate after acceleration and the right to bring a court action to assert thc non-existence of <br />a default or any other defense of Borrower to acceleration and sale. If the dcfault is not cured on or <br />before the date specified in the notice, Lender at its option may require immediate payment in fuB of <br />all sums secured by this Security Instrument without further demand and may invoke the power of <br />sale and any other remedies permitted by Applicable Law. Lender shall be entitled to coHect all <br />expenses incurred in pursuing the remedies provided in this Section 22, including, but not tim ited 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 <br />any part of the Property is located and shall mail copies of such notice in the manner prescribed by <br />Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time <br />required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at <br />public auction to the highest bidder at the time and place and under the terms designated in the <br />notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale <br />of all or any parcel of the Property by public announcement at the time and placc of any previously <br />scheduled sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth <br />of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) <br />to all costs and expenses of exercising the power of sale, and the sale, including the payment of the <br />Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums secured by this Security Instrument; and (c) any excess to the person or persons legally <br />en titled to it. <br />23. Reconveyance. Upon payment of all SlllTlS secured by this Security Instrument, Lender shall <br />requesl Trustee to rl'convey the Properly and shall surrender Ihis Security Instnlment and all notl's <br />evidencing debt secured by this Sccurity Instrument to Trustee. Trustee shall reconvey [he Propnly <br />withoul warranty to the person or persous legally entitled to it. Such person or persolls shall pay any <br />recordation costs. Lender may charge such person or persous a fee for reconveying the Property, hut only <br />if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is <br />permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, lllay from lime to time remove Trustee (lnd appoint a <br />successor trustee to any Trustee appointed hereunder by an instrument recordcd in Ow county in which (his <br />Securily Inslnlluent is rl~corded. Without conveyance of' the Property, the successor trustee shall succecd 10 <br />alllhe tille, power and duties conferred upon Truslee herein and by Applicable Law. <br />25. Request for Notices. Borrower requests that copies of' lhe uolice of defanlt and sale be sent to <br />Borrower's address which is the Property Address. <br /> <br />002004634292 <br />~ -6A(NE) (0"07).01 <br />('J <br /> <br />Page 13 of 1!.J <br /> <br />In,"""C$L <br /> <br />Form 3028 1/01 <br /> <br />CiliMortgage JL 11.04 V,I <br />