201109195 - Laserfiche WebLink

Browse

�o�ios�9� 18. Foreclosure Procednre. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all egpenses incurred in pursuing the remedies under this paragraph 18, including, bnt not limited to, reasonable attorneys' fees and costs of title evidence. If the power of sale is invoked Trustee shall record a notice of default in each county in which any part of the Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After t6e time required by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Prop�rty at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any pareel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its desienee may purchase the Property at any sale. If the Lender's interest in this Security Instnvment is held by the Secretary and the Secretary requires immediate payment in full under Parage�aph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage FoPeclosure Act of 1994 ("Act'� (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act Nothing in the preceding sentence shall deprive the Seeretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's decd conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of salc, and the sale, includimg the payment of the Trustee's fees actually incurred, not to exceed 5°/a of the primcipal amount of the note at the time of the declaration of default, and reasomable attorneys' fees as permitteal by law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or peasons legally entitled to i� 19. Reconveyance. Upon payment of a11 sums secured by this Security Instrument, Lender sha11 request Trustee to reconvey the Property and sha11 surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. 20. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 21. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address which is the Property Address. 22. Riders to this Security Instrument If one or more riders are executed by Bonower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]. � Condominium Rider ❑ Growing Equity Rider � Other [specify] ❑ Planned Unit Development Rider � Gradua.ted Payment Rider 2200149527 �. D V4NNE Inklals: � N VMP�-4NINE) toao�i.o� aaee � ot e