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98103033
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Last modified
3/12/2012 11:37:01 AM
Creation date
10/19/2005 5:30:38 PM
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DEEDS
Inst Number
98103033
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98-1�3a33 <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' 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 which any part of <br /> the Property is located and shall mail copies of such notice in the manner prescribed by applicable law to <br /> Bonower 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 previonsly 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 non�judicial 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 following order: (a) to all costs and expenses of <br /> exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred, not to <br /> exceed f i ve % 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 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 /> to reconvey the Property and shall sunender this Security Instrument and all notes evidencing debt secured by this <br /> Security Instrument to Trustee. 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, 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 /> 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 this Security Instrument. 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 Security 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 /> 0 Planned Unit Development Rider [� Graduated Payment Rider Mortgage Addendum <br /> �4R1NE1196oa1.ot Pa9e 7 of 8' ' ��s <br /> i�• <br />
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