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200805129
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200805129
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Last modified
6/13/2008 4:54:48 PM
Creation date
6/13/2008 4:48:21 PM
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DEEDS
Inst Number
200805129
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<br />200805129 <br /> <br />.by" any80vemmental or regulatory authority, or any private party, that any removal or othenemediation <br />of any Hazardous SUbstance affecting the Property is necessary, Borrower shall promptly take all necessary <br />remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation OD <br />Lender for an Envimmncntal Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />n. Acceleration; Remedies. Lender sball give notice to Borrower prior to acceleration followblg <br />Bomnrerls breach of any covenant or alftltJDent In this Security Instrument (but not prior to <br />ac:celeratlon under SectIon 18 unlfSS Applicable Law provides otherwise). The notice sbaD spedf'y: (a) <br />the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date <br />the notice Is given to Borrower, by which the default must be cured; and (d) that faDore to cure the <br />default on or before the date spedDed In the notice may result in aa:eleratlon of the SUDIlJ secured by <br />this Security Instrument and sale of the Property. The notice sball further Worm Borrower of the <br />right to rdostate after aueleration and the right to bring a court action to assert the non-existence of <br />a default or any other defmse of Borrower to acceleration and sale. If the default Is not cured on or <br />before the date specified In the noUce, Lender at its option may require immediate payment In full of <br />aU sums secured by this Security Instrument without further demand and may invoke the pOwer of <br />sale and any other remedies permJtted by Applicable Law. Lender shaD be mtltled to collect aU <br />expeuses ineurred In punning the remedies provided In this SectIon 22, Including, but DOt 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 <br />any part of the Property Is loc:ated and shall maD copies of such notice In the manner prescribed by <br />Applicable Law to Borrower and to the other persons prescribed by AppUcable Law. After the time <br />required by Applicable Law,. Trustee ~I give pubUc notice of sale to the persons and in the manner <br />prescribed by Applicable Law. Trustee, without danand on Borrower, shall sell the Property at <br />pubUc auction to the bfghest bidder at the time and place and under the terms designated In the <br />noUce of sale In one or more parcels and in any order Trustee determines, Trustee may postpone sale <br />of all or any parcel of the Property by pubUc announament at. the time and place of any previously <br />scbeduled sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Tnstee shall deliver to the purchaser Trustee's deed <br />~nveying the Property. The recitals in the Trustee's deed shall be prima ~ade evidence of the truth <br />of the statements made therein. Trustee shall apply the proceeds of the sale in the foUowing order: (a) <br />to all costs and expenses of exercising the power of sale,' and the sale, includfnl the payment of the <br />Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums secured by this Security Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instroment, Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property <br />without warranty to the person or persons legally entitled to it. SUch person or persons shall pay any <br />recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only <br />if the fee is paid to a third party (such as the Ttustee) for services rendered and the charging of the fee is <br />permiued under Applicable Law. <br />24. SUbstitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this <br />Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to <br />all the title, power and duties conferred upon Trustee herein and by Applicable. Law. <br />25. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to <br />Borrower's address which is the Property Address. :;;;:;;; <br /> <br />I ..._ BS <br />MIl..: <br /> <br />08-04-23-000057 <br /> <br />fIrl-.6(NE) (0407).02 <br /> <br />PIOI'3of 15 <br /> <br />Form 3028 1/01 <br /> <br />Qoo/zOOIll <br /> <br />19PQ8QmOH SEZ6 Z8E 80E1 XY8 tt:01 NON 800Z/60/90 <br />
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