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81000018
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81000018
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Last modified
1/14/2010 5:46:35 AM
Creation date
1/14/2010 5:45:28 AM
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DEEDS
Inst Number
81000018
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_ _ }: <br />~- ~"~ <br />~~~ opts ~~1~ <br />a <br />transfer, but not to less than the current contract rate; (4) assumption of full and <br />tmconditiona2 liakrility on the indebtedness by all purchasers or transferees of fibs property <br />on a ;~aiat and several basis; (S) any other requirements reasonably necessary to protect <br />Lender's interest in the property, Any agreement regazdir_g Lender's waiver of its option to <br />accelerate must be in writing and reached ,prior to the date of sale or trans-far. <br />If Lender exercises such Option to accelerate, Lender shall mail Borrower notice of <br />acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period <br />of net less titan 30 days from the date the notice is mailed within which Borrower may-pay <br />the sums declared due, If Borrower fails to pay such soma prior to the exgiratian of such <br />period, Lender stay, without further native or demand as Harrower, invoke-sap remedies <br />permitted by paragraph 1$ hereof. <br />.x'rc7ti~-[T'iIFORt Ci1VENA,ITS. Barrawer and Lender further covenant and agree as follows: <br />18: ACCELERAfiIQ~; RE*fEf)IES. except as provided in paragraph 17 hereof, upon <br />&trrower's breach of any covenant or agreement of Borrower in this geed of Trust, including <br />the covenants to pay when due any sums secured by this Feed of Trust, Lender prior to <br />acceleration shall rail notice to Horrnwer as provided i.n paragraph 14 hereof specifying: <br />(1) the breach; (Z) the action required to cure such breach; (3) a date, not less than <br />30 days from the date the notice is ?tailed to Borrower, 6y which such breach must be <br />cured; and (4) chat tailors to cure such breach an or '~efore the date specified in the <br />native may result fn acceleration of the sums secured by this Deed of Trust sad sale of <br />tits Property, If the breach is net cured an ar bsfcre the date specified in the notice, <br />Lender, at Lender's option ...ay dsclvre all a€ the sums secured by this l?eed of Trust to <br />be im:¢ediately due and payable without further demand and :Aay invoke the paver of sale <br />and any other remedies permitted by applicable law. Lender shall be entitled to calleci <br />ail reasonable casts and expenses incurred in pursuing the remedies provided in this <br />paragraph i8, including, but not limited ta, reasonable attorney's fees. <br />Ff the power of sale 3.s invoked, Trustee shall record a notice of default in each <br />county in which the Prr=perty ~~r some wart thereof is located and shall mail copies of <br />such entice in the manner prescribed b~? applicably law to as*ra+aer and to *_he other per- <br />sans prescribed by applicable law. :'tfter the 'apse of such time as may be required uy <br />applicable law, :rcastee shall kivc^ r~ubiic notice ~xf sale to the parsons and in the <br />:canner prescribed by applicable law. Trustee, wititaut demand an Borrower, shall sell <br />the Property at publii~ suction to the highest bidder at the time and piece and under <br />t?te terms dPSignated in the :*otice :.~f sale in one ar sere parcels and in such order as <br />Trustee m:tY determine= Truste€^ may postpone sale of aiI ar any parcel of the Property <br />by public annauncr~ent at t}tr. time and p?:?se of any previously scheduled sale, Lender <br />.tr Lender's dfisignee seep purcfaase rite Property at any sale. <br />upon receipt of payment of *_he price bid, ?'rustee shall deliver to *_he purchaser <br />Z'rustea's deed convcyiag the I'raperty said. The recitals in the Trustee's Seed shall <br />prima faei.e evidence zrf t?te truth <.* the stateaents ..ode tt~rein. Trustee shall <br />apply the proceeds a€ the axle in the fcllaving order: (a) to ail reasonable costs and <br />expenses of the sale, including, but eat :irmitsd ra, Trustee's fees of not more than <br />lf3 of l: of tine {rose sale price, reasonable attorney`s fees and costs of title <br />evtdeace; (b) t~~ all auras secured by this 'teed of Trust; and (cj the excess, if any, <br />tr t!fe person ae persons legally entitled tip reto. <br />1~= i~SBltt)4tER'S :iIGFFi Tt7 BE1?~STATE. ticttwithstandiag Lender`s acceleration of the <br />razaae !~curcnl br this rJeed of Trust, Harrower shall have the right to have any proceedings <br />begun ?+y Letader to enforce this Deed of Trust discontinued at any time prier to the earlier <br />to acrur of tij the fifth .•?ay before *_hs sale of the ?roperty pursuant to the por+er of <br />eels contained in rhis i'•eeu of Trust ar (ii) entry of a judgement enforcing this Famed of <br />Truett i€: la} 3arrawar ;pass i.eztdcr all sums whleit would be then due a:nder this 'teed of <br />Trust and t'tse .`lute, %tad ztc acceleration accuxred; (b) Borrower cures ail breaches of any <br />other covenants ar agre+ents of BFarrawer contained in this Deed of TrusC; (e) Borrower <br />gays all reasonable expa~ztses ineurreat by Lender and 't'rustee in ~__>nforcing the covenants and <br />sgrnes of 9ctrrawer contained in tiais Teed of Trust and in enforcing Lender's and <br />TTUatee's rett+eciies ae provided in paragraph la hereof, including, but not lietited to, <br />reasonable atturn>=y's fees; and (d) Barratrer taxe. such action as Under imap reasonably <br />require to ;assure tbai the lien of this Deed of Trust, Lender's fatterest in the Property <br />sad 9arrawer`s 7bligation to pay ties sut~s sscures3 by this Deed czf "••ust shall continue <br />~#..wgairad. ~ soh pay~att and cure by Horro+~r, thi4 'teed a€ fewer and the obligations <br />cured hereby sleall remain in f±t11 fordo sad effect as if no acceleration had aec:urred., <br />_~_ <br />
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