201002342 - Laserfiche WebLink

Browse

201002342 I8. Foreclosure Procedure, If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies under this paragraph 18, including, but not limited ta, reasonable attorneys' fees and costs of title evidence. if the power of sale is invoked, Trustee ahall record a notice of default in each county in which any part of the Property is located and shall mail copies of such notice in the manner prescribed by applicable law.to $orrawer and to the other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on $orrawer, shall sell the Property at public auction to the highest bidder at the lima and place and udder the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Truatee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or ita designee may purchase the Property at any sale. if the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudieial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 11,5. C. 3751 et seq .) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable iaw. Upon receipt of payment of the pricy bid, Trustee shall deliver to the purchaser Trustee's dead conveying the Property. The recitals in the Trustee's dead shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred, not to exceed 6.000 % of the principal amount of the note at the time of the declaration of default, and reasonable attorneys' fees as permitted by law; (b) to all sums. aecurad by this Security Instrument; and (c) any excess to the person ar persons legally entitled to it. 19. Reconveyance. Upon payment of all sums secured by this Security instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such parson or persons shall pay any recordation costs. 20. Substitute Trustee. Lender, at its option, may from time to lima remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable la~v. ZY. Request far Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address which is the Property Address, Z2. Riders to this Security instrument, If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]. ^ Condominium Rider ^ Growing Equity Rider ^ Planned Unit 17evelapment Rider ^ Graduated Payment Rider ® other [specify] NIFA Form E-1 FHA aced of Tfy81•NE VMP WoMers Kluwer Flnandal Services DUS•NE4 4196 /1 ~ / VMP4R(NE) (0009).06 ~--'~/ iJ-~--- Page 1 of 9 nn~t~a,rnmma