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2 010o885s <br />1$. Toreclosure I'rocedure. If Lender reyuires immediate payment in full under paragraph 9, Lender may <br />invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect <br />all expenses incurred in pursuing the remedies under this paragraph 18, including, but not limited to, <br />reasonable uttarneys' fees and costs of title evidenee. <br />If' the power of sale is invoked, Trustec shall record a notice of default in each county in which any part of <br />the Property is located and shall mail copies of such notice in thc manner prescribed by applicable law to <br />Bor► and to the other persons prescribcd by applicable law. After the ti�nc required by applicahle law, <br />Trustee shall give puk�lic notice oF sale to thc persons and in the manner Pre.SCribed by applicable law. Trustee, <br />without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and <br />place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee <br />determines. Trustee may postpone sale of all or any parcel of the Yroperty by public announcement at the time <br />and place of any previousty scheduled sale. Lender or its designee may purchase the Property at any sale. <br />If thc I,ender's interest in this Security Instr�Ament is held hy the Secretary ancl the Secretaiy req�ires <br />immediate paymcnt in full imder Paragraph 9, thc Secretary may invoke the nonjudicial power of' sale <br />provided in the Sin�le Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting <br />a foreclosure cammissioner designated under thc Act to commence foreclosure and to sell the Property as <br />provided in the Act. Nothing in the preceding se��tcnce shall deprive the Secretary of any rights otherwise <br />available to a I,endcr undcr this Paragraph 18 or applicable law. <br />Upon receipt of payment of the price bid, Trirstee shall dcliver to the purchaser Trustee's decd conveying <br />the I'roperty. '1'he recitals in thc Trustee's deed shall be pri�na facie evidence of the tr��th of thc statements <br />made thercin. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs a��d expenses of <br />exercising the power of sale, and the salc, inchading the payment of thc 'T`ri�stee's fees actually incurred, not to <br />exceed 0. 0 0 0% of the principal amount of the note at the time of the declaration of default, <br />and reasonable attorneys' fe�s 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 />19. Reconveyance. Upon payment of all sums secured by this Security instrurnent, Lender shall request Trustee <br />to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this <br />Security Instrurnent to Trustee. Trustee shall reconvey the Property without warranty and without charge to the <br />person or persons legally entitled to it. Such person or persons shall pay any recordation costs. <br />20. Substitute Trustee. Lender, at its option, may from tinle to time remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which tliis Security Instrument <br />is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties <br />conferred upon Trustec herein and hy applicable law. <br />21. Request for Notices. Borrower requests that copics of ihe notices of default and sale be sent to Borrower's <br />address which is the Property Address. <br />22. Riders to this Security Instrument. If one or more riders are executed by 13orrower and recorded together <br />with this Security Instrument, the covenants of each such rider shall he incorporated into and shall amend and <br />su��plement the a�venants and agreemcnts oF this Secua•ity Instrument as if the rider(s) were a part of this Security <br />lnstrument, [Check applicable box(es)]. <br />�� Condominium Rider U Growing 6quity Rider � �ther [specify� <br />� Planned Unit Development Rider � Graduated Payznent Rider <br />FHA De2d Of TruSt-NE 4/96 <br />VMP C� y <br />Wolte�s Kli�wer Fin, nciTl Services l 7VMP4RINE) 108091 <br />---- k��.l Page 7 of 9 <br />6 � � ! �� <br />f <br />