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85006163
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Last modified
10/18/2011 4:23:20 AM
Creation date
4/1/2008 5:31:30 PM
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DEEDS
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85006163
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NoN•UNIFORM 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 />vales applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the <br />default; (c) a date, not less than 30 days from the date the notice Is given to Borrower, by which the default must be cured; <br />and (d) that failure to cure 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 />at its option may require Immediate payment in full of all sums secured by this Security Instrument without further <br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to <br />collect all 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 person prescribed by applicable law. After the time required by applicable law, Trustee shall give 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 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 payment 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, Trtmtee's fees as permitted by applicable law and reasonable 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. Lender 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. Reconveyanee. 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. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee <br />toany Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. <br />Without 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', <br />address which is the Property Address. *CONTINUED BELOW <br />24. Riders 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 he 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 />Others) [specify] <br />BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security <br />Instrument and in any rider(s) executed by Borrower and recorded with it. <br />* j � ...... L....:`.._.....:.....:� c. ':t. r.� :............. {Scab <br />Merlin // C. Kluge <br />... ......... ........ ,:..... - ... ..:. __.:;V,..�..;'...... f:.._ ....... _.(Seal) <br />Shirley P. Kkuge — tior.o *er <br />-- -- -_.— Igpace aglow This Lme For Acknowledaeenl) <br />*Borrower further requests that copies of the notice of default and notice of sale be <br />sent to each person who is a party hereto at the address of such person set forth <br />herein. <br />STATE oN N£ BttA. sxA ........................ HoU ............ ............ .......... .............. County ss: <br />On this ..........?:1 c]?.......... day of .... IO..K. ?., before me, the undersigned, a Notary Public <br />duly commissioned and qualified for tttud county, personally came ................ ........... ............................... <br />Merlin C. Kluge and Shirley .. P. Kluge, husband and wife, to nxtknownto be (lie <br />....................... . <br />identical persons) whose names) are subscribed to the foregoing inst.runumt and acknowledged the execu- <br />tion thereof to be .,,their . .. „ voluntary act and deed. <br />PRIOR <br />ah �lL'yt?Y <br />Witne im rn hand and notarial steal nt .._....... rr.,titd 1 s l rutcl, tiehrnska <br />Y __ .... in sitid county, the <br />+)sill aforesaid. <br />,%1y Cornrnis.3ion expires: <br />�tltatmtMtitllr- hNrIIMMNe <br />? « , Mt tamm Elp M" 71. 11101 <br />Wv nrr an (Ipporlunit /Allirmaliti <br />fly <br />t• <br />tD <br />L4+ <br />
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