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~oioo~os, <br />of this Security Instrument or tMe Nate which can be given effect without the conflicting provision. To this <br />end, the provisions of the Security Instrument and the Note are declared to be severable. <br />fi. Borrower's Copy. Borrower shall be given one conformed copy of the Note of this Security <br />Instrument. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />7. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration <br />under Section 3 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) <br />the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to <br />Borrower, by which the default must by cured; and (d) that failure to cure the default on or before the date <br />specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale <br />of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the <br />right 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 />Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this <br />paragraph 7, including, but not limited to, reasonable attorneys' fees and costs of title evidence. <br />If the power of sale if invoked, Trustee shall record a notice of default in each county in which any <br />part of the Property is located and shall mail copies of such notice in the manner prescribed by applicable <br />law to Borrower and to the other persons prescribed by applicable law. After the time required by <br />applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by <br />applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the <br />highest bidder at the time and place and under the terms designated in the notice of sale in one or more <br />parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the <br />Property by public announcement at the time and place of any previously scheduled sale. Lender or its <br />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 <br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the <br />statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all <br />expenses of exercising the power of sale, and the sale, including, the payment of Trustee's fees actually <br />incurred, not to exceed 0% of the principal amount of the note at the time of the declaration of default, and <br />reasonable attorneys' fees as permitted by law; (b) to all sums secured by this Security Instrument; and (c) <br />any excess to the person or persons legally entitled to it. <br />If the Lender's interest in this Security Instrument is held by the Secretary and the <br />Secretary requires immediate payment in full under the paragraph 7 of the Subordinate Note, the <br />Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage <br />Foreclosure Act of 1994 ("Act") (12 USC 3571 et seg) by requesting a foreclosure commissioner <br />designated under the Act to commence foreclosure and to sell the Property as provided in the Act. <br />Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to <br />Lender under this paragraph or applicable law. <br />8. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property <br />without warranty and without charge to the person or persons legally entitled to it. Such person or persons <br />shall pay any recordation casts. Lender may charge such person or persons a fee for reconveying the <br />Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the <br />charging of the fee is permitted under Applicable Law. <br />#49266528 <br />