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L <br />85_ 003865 <br />NONUNIFORM COVENANTS Borrower and lender further covenant and agree as follows: <br />19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 <br />ankss applicable law provides otherwise). The notice "I specify: (a) the default; (b) the action required to cure the <br />defanit; lc) a date, not less than 30 days from the date the notice is given to Borrower, by which the default mast be cured; <br />and (d) tint failure to ewe the default on or before the date specified in the notice may result in acceleration of the sums <br />secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to <br />reinstate after acceleration and the right to bring a court action to assert the non- existence of a default or any other <br />defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender <br />M its option way require immediate payment in full of all sums secured by this Security Instrument without further <br />demand and may invoke the power of sak and say other remedies permitted by applicable law. lender shall be entitled to <br />collect aN expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not limited 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 any part of the <br />Property is located and shall mail 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 shall give public notice of <br />sale to the persons sad 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 more parcels 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 />Upon receipt of payrtent of the price bid. Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Property. The recitals in the Trustee's deed shall 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 all expenses of the sale, including, but not limited <br />to, Trustee's fees as permitted by applicable law and ressonable attorneys' fees; (b) to all sums secured by this Security <br />Instrument; and (c) any excess to the person or persons legally entitled to it. <br />20. Leader in Possession. Upon acceleration under paragraph itt or abandonment of the Property. Lender (in <br />perstn, 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 he applied first to payment eaf the costs of management of the Property and collection of rents, including, but not <br />limited to, receiver's fees, premiums on receiver's Kinds and reasonable attorneys' fees, and then to the sums secured by <br />this Security Instrument. <br />21. Reeonveyance. Uport payment of all sums secured by this Security Instrument. Lender shall request Trustee to <br />reconvcy the Property and shalt surrender this Security Instrument and all notes eytdenemg dehi secured by this Security <br />Instrument to 1 rustic. Trustee shall recomcy the Property without warranty and u ithout charge to the person or persons <br />legally entitled to it. Such person or person,.. shall pay any recordation costs. <br />22. Substitute Trustee. Lender. at its option, may from time to time rvinm e I ru,tee ar.d apTannt a sucessor trustee <br />to any Trustee appointed hereunder by an instrument recorded to the county tit which this Scc urity Instrument i, recorded <br />Without corneyance of the Property, the succe,vsr trustee shall succeed to all the title, INawer and dunes conferred upon <br />Trustee herein and by applicable law <br />23. Request for %otices. Norrower .requests that copies of the notices of default and sale tx sent to Borrower's <br />address whichis - hePropcfrs Address *CON'l iti1 T.^, RFLOLs <br />24. Riders to this Security Instrument. If one or more riders are cvccuted by I;orrotver and recorded together %% oh <br />I its >e<urty hnstrumcnt. the Cotenant, and agreements of each such ruler shall he in, orporucd into and shall inictid and <br />supplement the covenants and agrretments M this Security Inslrruncnt as ,.f the ndcrtO were a part of this S-,.curns <br />Instrument (Check applicable hie.Ocs)l <br />Adiustabie Rate Rider Cond(irmmum Rider -4 1atmly Rider <br />Graduated Payment Rider )'!mined Vnit Detelopmcm Rider <br />()ttaeri:st Tspx�ifyl <br />Bt' Staimso fitinw. Borroser accepts and agrees To the ieritts and osenaros ,untamed iii tits Securty <br />Instrument and m any rtderts) executed by fiauroNet and recorded with it <br />s t ii -,!•. - (Scalp <br />Calvin E. Smith <br />y. <br />seal; <br />Jeanette L. ,yitith <br />...._..._..._ _.._._ _- [Spice Del" Th,e tore For Ackno+tedgmentl - <br />k'Borruwer further requests drat copies; of the notice of def lit tt and noble of sale ho <br />sent to each person who is a party hereto at the address of such person set forth <br />herein. <br />STA'fa rrP NtatuwxA _ fall _ County ca: <br />On this _ 16t:4 day of Aw4U*k . _ 19 85 ., befoul me, they undersiantrl, a Notary lvuhlic <br />duty cornmisrtiontri and gttalifitA for raid county, pmonally cattle <br />Calvin F. 3mi.th and Jeanette L. Smith, husbmwi aTax9 wife to me known to he the <br />identical pti%o t(s) whot+e nante(s) are sulxwcribmt to the foregoing instrumcmt and acknowledged tilt, i•xaru- <br />tion thereof fin be tl,s'll voluntary act and deed, <br />Y ff <br />Witnem my= hand and no ttrisl Real at :;.raux3 T ltrtx3, "k�} ra�;kct iii sail 1,411110%, the ' <br />rte, <br />plate• nfaresaid. <br />'DIY ('ru'ltttsta. doom NS M K.T -,.tSM.N,tr 71i <br />i . / I ;I <br />a <br />fib'.= +a< l :giivl3� °sigl,t.irmnt I'$pp,�tlonsr. �{` =r•.aSr, yin l n;i•i.,.t Al f <br />