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201104362
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Last modified
6/13/2011 9:39:01 AM
Creation date
6/13/2011 9:30:09 AM
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DEEDS
Inst Number
201104362
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�0�104362 <br />18. Foreclosure Procedure. 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 entitled to collect <br />all expenses incurred in pursuing the remedies under this paragraph 18, including, but not limited to, <br />reasonable attorneys' fces and costs of title evidence. <br />If the power of sale is invoked, Trustee shall r�ord a notice of defaWt in each county in wlrich any part of <br />the Pro�rty is located and shall mail copies of such notice in the manner prescribed by 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 pablic notice of sale to the �rsons 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 I.ender's interest in this Security Instrument is held by the Secretary and the Secretary requires <br />immediate payment in full under Paragraph 9, the Secretaty 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 for�losure 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 1Yustee's deed conveying <br />the Property. The r�itals in the Trustee's dced shall be prima facie evidence of the truth of the statements <br />made therein. Trustce shall apply the procceds of the sale in the following order: (a) to all costs and expenses of <br />egercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurr�l, not to <br />exc�ed 0. 0 0 0% of the principal amount of the note at the time of the declaration of default, <br />and reasonable attorneys' fces as permitted by law; (b) to all sums secured by this Security Instrument; and (c) <br />�ny excess to the person or �rsons legally entitled to it. <br />19. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee <br />to r�onvey the Properiy and shall surrender this Security Instrument and all notes evidencing debt secured by this <br />Security Instnunent to Trustee. Trustee shall reconvey the Property without wazranty 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 Trust�. Lender, at its option, may from time to time remove Trustee and appoint a successor <br />iruste� 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, the successor trustee shall succeed to all the title, power and duties <br />conferred upon Trust� herein and by applicable law. <br />21. Request for NoHces. Bonower 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 this Security Instrument. If one or more riders are executed by Borrower and recorded together <br />with this Security Instruffient, the covenants of each such rider shall be incorpora.ted into and shall amend and <br />s�lement the covenants and agreements of this S�urity Instivment as if the rider(s) were a part of this Se�urity <br />Instrument. [Ch�k applicable box(es)]. <br />� Condominium Rider 0 Growing Equity Rider � Other [specify] <br />� Plamied Unit Development Rider 0 Graduatefl Payment Rider N I FA F o r m E-1 <br />FHA Deed of Trust-NE <br />VMP � <br />Wolters Kluwer Financial Services <br />_� <br />4/96 <br />VMP4R(NE) (0809) <br />Paga 7 of 9 <br />
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