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<br />200900399 <br /> <br />cured; and (d) that failure to cure the default on or before the date specified in the notice may result in <br />acceleration of the sums secured by this Security Instrument and sale of the Property. To the extent <br />permitted by law, the notice shall further inform Borrower of the right to reinstate after acceleration and <br />the right to bring a court action to assert the non~existence of a default or any other defense of Borrower to <br />acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its <br />option may require immediate payment in full of all sums secured by this Security Instrument without <br />further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. <br />To the extent permitted by law, Lender shall be entitled to collect all expenses incurred in pursuing the <br />remedies provided in this Section, including, but not limited to, reasonable attorneys' fees and costs of titlc <br />evidence. <br /> <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of <br />the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to <br />Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable <br />Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable <br />Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder <br />at the time and place and under the terms designated in the notice of sale in one or more parcels and in any <br />order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public <br />announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase <br />the Property at any sale. <br /> <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying <br />the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements <br />made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and <br />expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually <br />incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this <br />Security Instrument; and (c) any excess to the person or persons legally entitled to it. <br /> <br />Reconveyance. Upon payment of all sums secured by this Security Instrument and termination of Borrower's right <br />to obtain further advances under the Contract, Lender shall request Trustee to reconvey the Property and shall <br />surrender this Security Instrument and all contracts evidencing debt secured by this Security Instrument to Trustee. <br />Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or <br />persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the <br />Property, but only ifthe fee is paid to a third party (such as the Trustee) for services rendered and the charging of <br />the fee is permitted under Applicable Law. <br /> <br />Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee <br />to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is <br />recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties <br />conferred upon Trustee herein and by Applicable Law. <br /> <br />Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address <br />which is the Property Address. <br /> <br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in all pages of this <br />ecurity Instrument and in any Rider executed by Borrower and recorded with it. <br /> <br /> <br />JAN 2 1 2009 <br /> <br />AN 2 1 2009 <br /> <br />(; 1004-1007 Copyrisht Compliooce SystelIlS.lnc, D81A-C83A -1008.01.166 <br />Consumer Real Estate - Security Instrument DL2036 <br /> <br />Pose 6 of7 <br /> <br />www.compliancesystcms.com <br />800-968-8511" Fox 616-956-1868 <br />