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201103224
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Last modified
4/28/2011 9:04:30 AM
Creation date
4/28/2011 9:04:30 AM
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DEEDS
Inst Number
201103224
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20i1032�4 <br />18. Foreclosure Proce@ure. If Lender requires 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 entifled to collect <br />all ezpenses incurred in pursuing the remedies under this paragraph 18, inciuding, 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 wluch any part of <br />the Property is located and shall mail copies of such notice in the manner prescribed bq applicable law to <br />Borrower and to the other persons prescribed by applicable law. After the time required by applicable law, <br />Trustee shall give public notice of sale to the persons and in the manner prescribed 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 Property by public announcement at the time <br />and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. <br />If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires <br />immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale <br />provided in the Single Family Mortgage Foreclosure Act of 1994 (" Act'� (12 U. S. C. 3751 et seq. ) by requesting <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 preceding sentence shall deprive the Secretary of any rights otherwise <br />available to a Lender under this Paragraph 18 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 prima facie evidence of the truth of the statements <br />made therein. Trustee shall apply the proceeds of the sale in the foIlowing order: (a) to all costs and ezpenses of <br />e$ercising the power of sale, and the sale, inclnding the payment of the Trustee' s fees actually incurred, not to <br />eaceed 5, 000 % of the principal amount of the note at the time of the declaration of default, <br />and reasonable attorneys' fees as permitted by law; (b) to all sums secured by this Security Instrument; and (c) <br />any ezcess 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 />to reconvey the Properiy and shall surrender this Security Instrument and all notes evidencing debt secured by this <br />Security Instnument to Trustee. Trustee shall reconvey the Property without warranty and without chazge 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 time to time remove Trustee and appoint a successor <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 t1�e Property, the successor trustee shall succeed to all the title, power and duties <br />confened upon Trustee herein and by applicable law. <br />21. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's <br />address which is the Property Address. <br />22. Riders to tlus Security Instrumen� 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 amend and <br />supplement the covenants and agreements of this Securiry Instrument as if the rider(s) were a part of this Security <br />Instrument. [Check applicable box(es)]. <br />� Condominium Rider � Growing Equity Rider [� Other [specify] <br />� Planned Unit Development Rider 0 Graduated Payment Rider <br />�q 0451101938 <br />FHA Deed of 7rust-NE y' � 4/96 <br />VMP � <br />Wolters Kluwer Financial Sarvices �fr VMP4R�N� (0809) <br />age 7 of 9 <br />
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