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200808866
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200808866
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Last modified
10/20/2008 4:22:06 PM
Creation date
10/20/2008 4:16:28 PM
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DEEDS
Inst Number
200808866
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<br />200808866 <br /> <br />cure such breach; (3) a date, not less than 20 days from. the date the notice is mailed to Borrower, by which <br />such breach must be c:w-ed; and (4) that failure to cure such breoeh on 01' before the date specified in the notice <br />may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall <br />further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to <br />assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is <br />not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums <br />serored by this Deed of Trust to be Immediately due and payable without further demand and may invoke the <br />power of sale and any other remedies permitted . by applic=able law. Lender shall be entitled to coDect all <br />reasonable costs and expenses Incurred in pursuing the remedies prol'ided in this paragraph 17, including, but <br />not limited to, reasonable attorneys' fees. <br />If the power of sale is invoked, Trustee shaD record a notice of default in eadl county in which the <br />Property or some part thereof is located and shall mall copies of such nolice In the manner prescribed by <br />applicable law to Borrower and to the other persons pl'fSCribed by applicable law. After the lapse 01 such time <br />88 may be required by applicable law, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by applicable law. Trustee, without demand on Borrower, shall seU the Property at public auction <br />to the highest bidder at the time and place Bnd under the tenns designated in the notice of sale in ODe or more <br />parcels and in such order 88 Trustee may determine. Trustee may postpone sale of all or any parcel of the <br />Property hy public announeement at the time and place of any previously scheduled sale. Lender or Lender's <br />designee may p1D'chase the Property at any sale. <br />Upon receipt of payment 01 the price bid, Trustee shall deliver to the purchaser Trustee's deed connylne <br />the Property sold. The recitals in the Trustee's deed shall be prima facie C\liden~ of the truth of tbe statements <br />made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to aU reasonable costs and <br />expenses of the sale, including, but not UmIted to, Trustee's fees actually inc:urrOO reasonable attorneys' fees as <br />permitted by Applicable Law; (b) to aU IWDfI &a':ured by this Deed of Trust; and (c) the excess, if any, to the <br />person 01' persons lexally entitled thereto. <br />18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of <br />Trust. due to Borrower's breach, Borrower sball have the right to have any proceedings begun by Lender to enforce <br />this Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the <br />Property pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed <br />of Trust if; (a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had <br />no acceleration occurred; (b) Borrower C\.Ires all breaches of any other covenants or agreements of Borrower <br />contained in this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in <br />enforcing the covenants and agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and <br />Trustee's remedies as provided in paragraph 17 hereof, including, but not limited to. reasonable attorneys' fees; and <br />(d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust, <br />Lender's interest in the Property and Borrower's obligation to pay the IlWIlll secured by this Deed of Trust shall <br />continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured <br />hereby shall remain in full force and effect as if no acceleration had occurred. <br />19. Assignment 01 Rents; AppoinbnCllt of Rlftiver; Lender in PosseMion. As additional security hereunder, <br />Borrower hereby assigns to Lender the rents of the Propeny, provided that Borrower shall. prior to acceleration <br />under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they <br />become due and payable. <br />Upon acceleration under paragraph 17 hereof or abandonment of the Property. Lender. in person. by agent or <br />by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to <br />collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be <br />applied ftrst to payment of the costs of management of the Property and collection of rents. including, but not limited <br />to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this <br />Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. <br />10. Reconveyance. Upon payment of all sums secured by this Deed of Trust. Lender shall request Trustee to <br />reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this <br />Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or <br />persons legally entitled thereto. Such person or persons shall pay all costs of recordation. if any. <br />Zl. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder by an instrumeDt recorded in thc county in which this Deed of <br />Tmst is recorded. Without conveyance of the Property, the SUcces50r trustee shall succeed to all the title, power and <br />duties conferred upon the Trustee herein and by applicable law. <br /> <br />CSl-76INEI f05WI LY482 <br /> <br />Page !I 01 7 <br /> <br />lmo;y~~---~~ <br /> <br />form 3828 <br />
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