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201105360
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Last modified
7/21/2011 2:10:38 PM
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7/21/2011 2:10:37 PM
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DEEDS
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201105360
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20��053�0 <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 entitlecl 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 r�ord 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 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 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 noNce of sale in one or more parcels and in any order Trustee <br />determines. Trustce 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 de.signee 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 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 S�retaiy 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, Trust� shall deliver to the purchaser Trustee'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.l�ust� shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of <br />exercising the power of sale, and the sale, includ3ng the payment of the Trustee's fees actually incurred, not to <br />excced 0. 0 0 0% of the pruicipal 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 s�ured by this Security Instrument; and (c) <br />any excess to the person or persons legally enNtled to it. <br />19. R�onveyance. Upon payment of a11 sums secured by this Security Instrument, Lender shall request Trustee <br />to reconvey the Property and shall surrender this 5ecurity Instrument and all notes evidencing debt secured by this <br />Security Instrument to Trustee. Trustee shall reconvey the Property without wananty and without charge to the <br />person or persons legally enritled 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 the Property, the successor trustee shall succeed to all the title, power and duties <br />conferred upon Trustee herein and by applicable law. <br />21. Request for Notices. Bonower requests that copies of the norices of default and sale be sent to Borrower's <br />address which is the Property Address. <br />22. Riders to tlus Security Instrument. If one or more riders aze executed by Borrower and recorded together <br />with this Security Instrument, the covenants of each such rider sha11 be incorporated into and sha11 amend and <br />supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security <br />Instrument. [Check applicable box(es)]. <br />0 Condominium Rider 0 Growing Equity Rider � Other [specify] <br />0 Planned Unit Development Rider 0 Graduated Payment Rider F o r m E-1 <br />FHA Deed of Truat-NE �, t q 4/98 <br />VMP � J W VMP4RINE) (0809) <br />Woitera Kluwer Financial Services Page 7 of 9 <br />
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