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1 o ! 106652 NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 19. Acceleration; Remedles. Leader shall give notice to Borrower prior to acceleration following Borrower's breach of my covenant or agrsemennt is this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the (� default; (c) a date, not less then 30 days from the date the notice is given to Borrower, by which the default must be curd; I and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums see wed by this Security Instrument and sole of the Property. The notice shall further inform Borrower of the right to instate after acceleration and the right to bring a court action to assert the non - existence of a default or any other datease of Borrower to acceleration and sale. If the default is not card on or before the date specified in the notice, Leader at its option may require immediate payment in full of all smut secured by this Security Instrument without further demand and nay invoke the power of sale and my other remedies permitted by applicable law. Lender shall be entitled to collect all expemn incurred in pursuing the remedies provided in this paragraph 19, including, but not limited to, reawmable attorneys' fees and cools of title evidence. If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property In located and shall mail copies of such 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 shall give public notice of sale to tie pawns and in the manner gibed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and is any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public sanom=mt at the time mad piece of any previously scheduled sale. Lender or its designee 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 the truth of the statements made therein. Trustee shall apply the 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 pawns legally entitled to it. 20. Leader 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 (ender 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. Recomveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property 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 all the 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. Borrower further requests that copies of the notice of default and notice of sale be sent to each person who is a patty hereto at the address of such person set forth herein. 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)] M Adjustable Rate Rider ❑ Condominium Rider ❑ 2-4 Family Rider ❑ Graduated Payment Rider 0 planned Unit Development Rider Q Other(s) [specify) VA Guaranteed Loan Rider 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 re orded w' ...........,� /� ...... .........................(Seal) R r E. Smith --BOfrower (Seal) ............ — Borrower Hall April L. Smith .STATE OF Nance$ A-----------------'--------' ........................................ - ......... -County ea. on this ..... ...... 13th........ day of -- __November 19.87.., before me, the undersigned, a Notary Public duly commissioned and qualified for said county, personally came ----- -- ---------- --- - - - --° ------------------------------------- Robert E. Smith and April L. 5mithr husband and wife, me known to be the to id t cal persona) ,W name(s) are subscribed to the foregoing instrument and acknowledged the execu- tion thereof to be .... tfieir .................................................... ...... .......... voluntary act and deed. Witness my hand and notarial seal at .................. __ ------- Q . q.( ui. .).$).and.....................- in said county, the date aforesaid. ea. My Commission expires: ttA:, :Yid :.e C G..�... t raAk We are an Equal Employment Opportunity /,Aiiittittative Action Employer M /F. 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