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200501942
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Last modified
10/17/2011 2:49:11 AM
Creation date
10/18/2005 3:18:32 PM
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DEEDS
Inst Number
200501942
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200501942 (14q1.G1NAL <br />17. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any <br />covenant or agreement in this Security Instrument or the Contract under which acceleration is permitted (but not prior to acceleration <br />under paragraph 14 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure <br />the 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; and (d) <br />that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this <br />Security Instrument, and sale of the Property. 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 acceleration and sale. If <br />the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all <br />sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted <br />by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 17, <br />including, but not limited to, 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 Property is located <br />and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by <br />applicable law. After the time 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 sell the Property at public auction to the highest bidder at <br />the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. <br />Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously <br />scheduled sale. Lender or its designee may purchase the property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The <br />recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the <br />proceeds of the sale in the following order: a► to all costs and expenses of exercising the power of sale and of the sale, including the <br />payment of the Trustee's fees actually incurred, not to exceed % of the principal amount of the Contract at the time of the <br />declaration of default, and reasonable attorneys' fees as permitted by law; (b) to all sums secured by this Security Instrument; and <br />(c) any excess to the person or persons legally entitled to it. <br />18. Reconveyance. Upon payment of all sums secured by this Security Instrument, and the termination of Borrower's right to obtain future <br />advances under the Contract, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument, the Contract, and <br />all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge <br />to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. <br />19. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a. successor trustee to any Trustee <br />appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the <br />successor trustee shall succeed to all the title, power, and duties conferred upon Trustee herein and by applicable law. <br />20. Requests for Notices. Borrower requests that copies of the notices of default and sale he sent to Borrower's address which is the <br />Property Address. <br />21. Additional Provision(s). <br />By initialing, I acknowledge this is page 5 of 6 <br />of the Deed of Trust. Initials I itials Initials Initials <br />© Copyright Compliance Systems, Inc. 1994, 1995, 1997, 1999 Compliance Systems, Inc. <br />ITEM 423NEL5 19902A) Page 5 of 6 To Order: Call 800- 968 -8522 Fax 616 - 956 -1868 <br />It <br />
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