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201008795
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Last modified
11/24/2010 4:21:29 PM
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11/24/2010 4:21:28 PM
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DEEDS
Inst Number
201008795
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20100879� <br />by any governmental or regulatory authority, or dny private party, that any removal or other remediation <br />of any Hazardous Substance affecting the Prop�rty is necessary, Borrower shall prarnptly take all necessary <br />remedial actions in accordance with �nviranmental Law. Nothing herein shall create any obligation on <br />Lender for an Environmental Clcanup. <br />NON-UNIFURM COV�NANTS. Borrower and Lender further cavenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrawer prior to acceleration following <br />Barrower's breach of any covenant or agreement in this Security Instrument (but not prior to <br />acceleration under Section l8 unless Applicable Law provides otherwise). The notice shall specify: (a) <br />the default; (b) the action required ta cure the default; (c) a date, not less than 30 days from the date <br />the notice is �iven to Barrovver, by which the default must be cured; and (d) that failure to cure the <br />default on or before the date specified in the notice may result in acceleration of the sums secured by <br />this Security Instrument and sale of the Property. The notice shall further inform Borrower of the <br />ri�hk to reinstate after acceleration and the right to brin� a caurt action to assert the non-existence of <br />a default or any ather defense of Borrower to acceleratian and s�le. If the default is not cured on or <br />before the date speci�ed in the notice, Lender ak its option may require immediate payment in full af <br />all sums secured l�y this Securi� Instrument without further demand and may invoke the power of <br />sale and any c►ther remedies permitted by Applicable Law. Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this Sectian 22, includin�, but not limited to, <br />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 <br />any part of the Property is lacated and shall mail copies of such nokice in the manner prescribed by <br />Applicable Law to Borrawer and to the other persons prescribed by Applicable Law. After the time <br />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 i3orrawer, shall sell the Property at <br />public auction to the highest bidder at the time and place and under the terms designated in the <br />notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale <br />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 af 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 <br />of the statements made therein. Trustee sha11 apply the proceeds of the sale in the following order: (a) <br />to all casts and expenses of exercising the pawer af sale, and the sale, inctuding the payment of the <br />Trustee's fees actually incurred and reasanable attorneys' fees as permitted by Applicable I.,�w; (b) to <br />all sums secured by this Security Instrument; and (c) any excess to the person or persans legally <br />entitled to it. <br />23. Reconveyance. Upon payment of all sums s�curad by this Security Instrument, Lender sl�all <br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes <br />evidenc;ing d�bt secured by this Security Instrument to Trustee. Trustee shall recanvey the Froperty <br />without warranty to the person or persons legally entitl�d ta it. Such person or persons shall pay any <br />rccordation costs. Lender may charge such person or persons a fee for reconveying the Froperty, but only <br />if the fee is paid to a third party (such as the Trustee) far services rendered and the charging of the fec: is <br />permitted under Applicable Law. <br />Z4. Substitute Trustee. Lc:nder, at its option, may from time to time removc: Trustee and appoint a <br />successor trustee to any Truste� appointed hereunder by an instrument recorded in thc caunty in which this <br />5ecurity Instrument is recarded. Without conveyance of the Property, the succ�ssor trustee shall succeed to <br />all the title, powcr and duties conferred upon Trustee herein and by Applicable Law. <br />25. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to <br />�3orrower's address which is the Property Address. <br />�-6(NE) (oao��.oz <br />P�e 13 of 15 <br />: ��� <br />� <br />� <br />1111p56576 <br />Form 3028 1/01 <br />
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