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86103521
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Last modified
10/18/2011 12:53:10 PM
Creation date
3/31/2008 2:42:21 PM
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DEEDS
Inst Number
86103521
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bu_," 1060" <br />NoN•ISNtFoRm COVENANT$. Borrower and Lender further covenant and agree as follows: <br />24. Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleration following Borrower's <br />bread~ of any counts* or agreement la tlithi Secruityt I sommett (but not prior to acceleration under paragraphs 13 and 17 <br />teak" applicable law provides odwwise). 74 notice shall specify: (a) the default; (b) the action required to cure the <br />dd'sult; (e) adtste. not ias *= 30 days tress the bete the notice It given to Borrower, by which the default must be cured; <br />slut) flit dot failure to env the default on or before the date specified In the notice may result in acceleration of the sums <br />"cured by thin Security tastrume rt sad silk of the Property. lie notice shall further inform Borrower of the right to <br />rests fate after accellerailloa sad the right to bring .a court action to assert the non - existence of a default or any other <br />defense of Burrower to acceleration ad tale. if the default is not cured on or before the date specified in the notice, Lender <br />at ila opdon my require Immediate payment is fall of all starts secured by this Security instrument without further <br />danand and [say invoke the power of sde and any otber remedies permitted by applicable law. Lender shall be entitled to <br />collect all expenses inearred in pursuing the remedies provided in this paragraph 19, including, but not limited to, <br />reasonable eattorseys" fees and costs of dtle evidence. <br />If the power of sale is invoked, Tractee shall record a notice of default in each county in which any part of the <br />Property is located and shall mail copies of sacb nonce in the manner prescribed by applicable law to Borrower and to the <br />other persona prescribed by applicable law. After the brae required by applicable law, Trustee shall gite public notice of <br />sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the <br />Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in <br />one or nave pareeis and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by <br />public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the <br />Property at any sale. <br />Vpoa receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Property. Tice recitab is the Trustee's deed shell be prima facie evidence of the truth of the statements made therein. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to ail expenses of the sale, including, but not limited <br />to, Trustee's feet as permitted by applicable law and reasonable attorneys' fees; (b) to all sums secured by this Security <br />Instrutment; and (c) any excess 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 <m receivers bonds and reasonable attorneys' fees, and then to the suns secun-d by <br />this Security Instrument. <br />21. Reconveyance. 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 ha, 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 ecmts <br />22. Substitute Trustee. Lender, at its option, may from time to time rrmo.e T rt sty appoint a successor truster <br />to any Trustee appointed hereunder b- an instrument recorded in the county in which nts Secunty ln,truuicnt n recorded <br />Without Lonveyance of the Property, the successor trustee shall succeed to all th .t:le, power and dune% conterred upon <br />Trustee herein and by applicable law <br />23. Request for Notice-A. Bcxr(rwer requests that Lopie% of the notices of default _nd sale he sent to Borrower's address <br />which is the Property Address Horrnwer further requests that rnpies of the notice of default and none r of sale he sent to each <br />person who is a party hereto at the address of suc!i pennon set lorth herein <br />24. Riders to this Security Instrument. If une or more nders arc cxecuted by AorroKef and recorded together wath <br />this Seeuniy Instrument, the covevitnts and agreements of each such rider shall be encorlx)raied into and shall amend and <br />supplement the covenants and agreements of this Security Instrument as d the rider(%) Were a pars of this Security <br />Instrument. [Check applicable box(rs)] <br />Adjustable Rate Rider Condominium Rider 2 4 Family Rider <br />Graduated Payment Rider _ Planned Unit fhvelopmcnt Rider <br />Other(s} [spectfyl <br />BY SIGNING BEI.Ow. Borrower accepts and agrees to the terms and covenants contained in this Security <br />instrument and in any ndcr(s) executed by Borrower and recorded with it <br />r -/. . .. (Seal) <br />LDanny�J.(, itchell ts;...n..e. <br />Kimberly � Mitchell <br />-&orrwae <br />STATE OP Ntssaksttw hall . . .....County sa: <br />On this . 24 slay of !"n" 19 Sh , before me, the undersigned, a Notary Public <br />duty exrinmiasioned and vilified for said county, pemnally came .. . <br />Dainty J. Mitchell an Kimberly A. Mitchell, husband and wife to me kno%vn to be the <br />identical penoon(s) whom name (s) are subscribed to the foregoing instrument and acknowledged the execu- <br />tion thetwaf to be . their vnluntan act and deed. <br />Witness my hand and notarial seal at Cr.amsl. lsdaad..lic.hratika in said county, the <br />date aforesaid - <br />N3 •ttarVl ig ttttrq <br />aa •r >ril3tNf <br />rtrethfl M 4WAINilil III <br />t! <br />1M yteta <br />`vYe ere <br />apt Equal Employment Oppo tunity,, Affiinnative Action Employer t1 /F. <br />1111WO 0040- rhM lx+e fa A,k -led meat! <br />la , <br />1 <br />
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