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200806847
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200806847
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Last modified
12/2/2008 10:23:21 AM
Creation date
8/8/2008 2:56:22 PM
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DEEDS
Inst Number
200806847
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<br />200806847 <br /> <br />by any governmental or regulatory authority, or any private party, that any removal or other remediation <br />of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary <br />remedial actions in accordance withE rwiromnental Law. Nothing herein shall create any obligation on <br />Lender for an E rwiromnental Cleanup <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleratioo; lRemed!ies. Lender shall. give notice to Borrower prior to acceleratioo foll.owmg <br />Borrower's breach. of ll.D.y covenant or agreement m. this Security Instrument (but not prior to <br />acceleration. under Section 18 unless Applicable Law provides otherwise). Th.e notice shaD. SJPecify: (a) <br />the default; (b) the acti.on. required[ to cure the default; (c) a date, not less tb.ll.D. 30 days from the date <br />the notice is givelDl to Borrower, by which the default must be cured!; and (d) that failure to cure the <br />default 00 or before the date specified! m the notice may result m acceleration. of the sums secured! by <br />this Security Instrument and sale of the lP'roperty. The notice shall further inform Borrower of the <br />right to reinstate after acceleration and the right to bring a cou.rt actioo to assert the non-exlstelDlce of <br />a default or any other defense of Borrower to acceleration and sale. If the default is not cured O!ll or <br />before the date SJPecified! m the notice, LeIDlder at its option may require immed!iate payment :in full. of <br />aD. sums secured! by this Security Instru.ment without further demand and may invoke the power of <br />sale aD.daD.Y other remed!ies permitted! by Applicable Law. Lender shall be entitled! to collect allll <br />CXJPenses incurred! m pursumg the remed!lies provided! in tlblis Sectioo 22, includmg, but not limited to, <br />rell.sooable attorneys' fees and costs of tide evidence. <br />If the power of sale is invoked, Trustee shall recorda notice of default in each. county in which <br />any put of the lP'rClJPerty is looatedand shan mail copies of such notice in. the manner prescribed by <br />Applicable Law to Borrower and to the otb.er perSCllllS prescribed! by Ajpplicable Law. After the time <br />required by Applicable Law, Trustee shall give pu.blic notice of sale to ilie persons and in the manner <br />prescribed by Applicable Law. Trustee, without demand 00 Borrower, mall sell the lP'roperty at <br />publli.c auctioo to th.e highest bidder at the tnme and place and under the terms designated in the <br />notice of sale in. one or more parcels and in any order Trustee determines. Trustee may postpone sale <br />of allll or any parcel of the lP'roperty by public announcement at the time andpllace of any previously <br />sched!uled sale. Lender or its desigD.ee may purchase the lP'roperty at any sale. <br />Upon. receipt of payment of the price bid, Trustee shaD. deliver to the plllrcllnaser Trustee's deed <br />coovey:Ong the lP'roperty. Th.e recitals in the Trustee's deed! shaJJlbe prima facie evidence of the truth. <br />ofthe statemen.ts made therein.. Trustee shalll apply the prooeed!s of the sale in the follow:iD.g order: (a) <br />to all costs and expenses of exercising the power of sale, and the sale, mcmd:ing the payment of the <br />Trustee's fees actllaJJ.y incurred an.d reasooalble attorneys' fees as permitted by Applicable Law; (lb) to <br />aD. 81I1mS secured by this Security Instrument; and (c) ll.D.y excess to the person. or perSCllllS legally <br />entitled to it. <br />23. Reconveyance. U JXln ~ment of all sums secured by this Security Instrument Lender shall <br />request Trustee to recorwey the Property and shall surrender this Security Instrument and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trustee shall recorwey the Property <br />without warranty to the person or persons legally entitled to it Such person or persons shall ~ any <br />recordation costs. Lender may charge such person or persons a fee for recorweying the Property, but only <br />if the fee is paid to a third party (such as the Trustee) for selVices rendered and the charging of the fee is <br />permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option may from time to time remove Trustee and apJXlint a <br />successor trustee to any Trustee apJXlinted herelUlder by an instrument recorded in the COlUlty 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 />VMP-6A(NlE) (0407).01 <br /> <br />Paga 1 3 of 1 5 <br /> <br />Form 3028 1/01 <br /> <br />fJI1!-(~ <br />
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