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87104574
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Last modified
10/19/2011 10:41:40 AM
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3/27/2008 2:38:06 PM
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DEEDS
Inst Number
87104574
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r. <br />87-- J0457 4 <br />NoN•UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />19. Acceleration; Remmulles, Lender " give nofte to Borrower prior to acceleration following Borrower's <br />breach ofsay covenantor speessest in this Seemity Instrument (but so prior to acceleration under paragraphs 13 and 17 <br />unless applicable law provides otherwise). The notice doll specify; (a) the default; W the action rapirod to cure the <br />delhull; W a doe, not Was than 30 days from *a doe the notice is given to Borrower, by which the default must be cured; <br />and (4) dust IsHure to ewe On default on or before the date specified in the notice may remit in acceleration of the saws <br />seemed by ddg Security lastriament and oak of the Property. The notice shall further Inform Borrower of the right to <br />rebuitals of acceleration and the ri#A to bring a cowl action to own the non - existence of a detsult or any other <br />defense of Borrower to acceleration and sale. If the Adault is unit owed an or before the date specified In the notice. Lender <br />at No option am require immediate psymmot In full of all own mcurvil'by this Security Instrument without further <br />demmad and may Invoke the pow etude and any other rommUm permitted by applicable law, Leader shall be entitled to <br />collect all expenses; Incurred In purmlag the remedies provided in this paragraph 19, Including, but not limited to, <br />ressonableattorneys' fees ssalcomae oftitleevidence. <br />If the power of sale is Invoked, Trustee shall record a notice of default in each county in which any part of the <br />Property Is koded and AA oW copies of 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 shell give public notice of <br />ode to the persons and In the meow pnmuiW by applicable law. Trustee, without demand on Borrower, shall sell the <br />Property at public swam to the highest bidder at the time and place and under the tam designated in the act!ce of sale in <br />out or am parcels and in any order Trades determines. Trustee may postpone sale of all or any parcel of the Property by <br />public announcement at the time and plum of any previously scheduled sale. Leader or its designee may purchase the <br />Property at any sale. <br />Upon receW of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Property. The recitais in the Trustees deed " be prima facie evidence of the truth of the statements made therein. <br />Trades AM apply the proceeds of the sale in the following order. (a) to all expenses of the sale, including, but not limited <br />to, Traidees fees an permitted by applicable law and reasonable attorneys' fees; (b) to all sums secured by this Security <br />Insumm=4 <br />and (c) any "con to the person or persons legally entitled to it. <br />20. Leader in Possession. Upon acceleration under 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 collect 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. Recouveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to <br />reconvey the Property 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. Sulaidtaft Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee <br />to any Trustee appointed hereunder by in instrument recorded in the county in which this Security Instrument is recorded. <br />Witbma 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 address <br />which is the Property Address. Borrower further requests that qopics, of the notice of default and notice of sale be sent to each <br />person who is a party hereto at the address of such person set forth herein. <br />24. FJdm 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 box(es)) <br />Adjustable Rate Rider ❑ Condominium Rider ❑ 2-4 Family Rider <br />❑ Graduated Payment Rider Planned Unit Development Rider <br />❑ Other(s) IspecM <br />BY SIGNING BELow, Borrower accepts and agrees to the terms and covenants contained in this Security <br />Instrument and in any rider(&) executed by Borrower and recorded t it. w!vi_k <br />Z/12W �, pm�! ..................................... <br />........................ I ..... (Seal) <br />Thomas B. Miller —8wrower <br />'......(Seal) <br />D*iZna F. Miller — saffow+r <br />S,rATz oar Nzsa&sxA ................... .. HA-11 ...... .................. -- ..................... —County as: <br />On this ........3.1.4t.........._ day of ..... —JOY ............ 19..87., 8.7., before me, the undersigned, a Notary Public <br />duly commissioned and qualified for said county, pasonstRy came -------------------------------------------------------------------- <br />Th........... ............................... 8. Miller and Leona F. Miller. hu3ban ..aLq <br />........................ to me known to be the <br />ideatkW perown (a) whose narne(s) are subscribed to the foregoing instrument and acknowledged the execu- <br />tion thereof to be ......... ........ .......... ................... ......... volunUtry act and deed. <br />Maimas my hand and notarial seal at ............. .............. in mid county, the <br />date aforessid. <br />MY comm'st <br />9 ALE 3 ..... <br />Nulary PWAW <br />wetii7VMXM74� t Opportunity/ Affirmative Action Employer M/F. <br />11POM anew nn LM Fff A6kn9wW#rnr"j - <br />-i .-� <br />
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