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201009146
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Last modified
12/8/2010 3:47:28 PM
Creation date
12/8/2010 3:47:24 PM
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DEEDS
Inst Number
201009146
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2oioo9i4c <br />1$. Foreclosure Procedure. If Lender requires immediate payment in full uttder paragraph 9, Lender may <br />invoke the power of sale and any other remedies perm'rtted 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 attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of defaalt in each county in which any part of <br />the Property is lacated and shall mail copies of such notice in the manner prescribed by �pplicable law to <br />Borrower and to the other persons prescribed by applicable law. After the time required by applicable law, <br />Trustee shall give pablic notice of sale to the persons and in the manner prescribed by applicable law. Trustee, <br />without demand on Borrower, shall sell the Propecty at pablic auction to the highest bidder at the tirne 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 alt or any parcel of the Property by public announcement at the time <br />and place of any previously schedaled sale. Lender or its designee may purchase the Property at any sale. <br />If the I.ender's interest in this 5ecurity Instrument is held by the Secretary and the Secretary requires <br />im[nediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale <br />provided 3n the Single Family Mortgage Foreclasure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by reqaesting <br />a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as <br />provided in the Act. Nothing in the prececling sentence shall deprive the Secretary of any rights otherwise <br />available to a Lender nnder this Paragraph � 8 or applicable law. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying <br />the Property. The recitals in the Trustee's deed shall be prirna fac�e evidence of the truth of the staternents <br />made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of <br />e�cercising the power of sale, and the sale, 'rncluding the payment of the Trustee's fe�s actually incurred, not ta <br />exceed 0. 0 0 0% of the principal amount of the note at the time af the declaration of default, <br />and reasonable attorneys' fees as permitted by law; (b) to all sams secared by this Security Instrament; 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 Instrument, Lender shall request Trustee <br />ta recanvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this <br />Security Instrument to Truscee. 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, rnay frorn time to time remove Trustee and appoint a successar <br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument <br />is recorded. Without conveyance of the Property t�le SllCCeSSOr t1l1StC� Shall SUCCeed tp �II th6 t1tIB power and duties <br />conferred upon Trustee herein and by applicable law. <br />21. Request for Notices. Borrower requests that copics of the notices of default and sale be sent to Borrower's <br />address which is the Property Address, <br />22. Riders to this Security Instrannent. If one or more riders are executed by Borrower and recorded together <br />with this Security Instrument, the covenants of each such rider shall be incorporated into and shall arnend and <br />supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part af this Security <br />Instrument. [Check applicable box(es)]. <br />� Condominium Rider 0 Growing Equity Rider 0 Other [specify] <br />� Planned Unit Development Rider � Graduated Payrnent Rider <br />FHA Deed of Trust-NE <br />VMP � <br />Wolters Kluwer Finenciel Sarvices <br />..�� <br />4/96 <br />VMP4RINE) (0809) <br />Page 7 of 9 <br />, �i � '►!� t' �� <br />� <br />
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