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RecDoc99-207281
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RecDoc99-207281
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Last modified
12/27/2022 10:39:48 AM
Creation date
12/27/2022 10:39:19 AM
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Template:
Recorded Docs
Recorded Docs - Type
Agreement
Subject
Subordinated Deed of Trust with Power of sale
Doc Num
1999-207281
Rec Date
12/22/1999
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23. Acceleration; Remedies. Lender shall give notice to Borrower and the Senior <br />Lien Holder of the First Deed of Trust prior to acceleration following borrower's breach <br />of any covenant or agreement in this Security Instrument. The notice shall specify: (a) the <br />default; (b) the action required to cure the default; (c) a date, not less than 30 days from <br />the date the notice is given to Borrower (and with respect to the Senior Lien Holder, 60 <br />days from the date the notice is given to the Senior Lien Holder), by which the default <br />must be cured; and (d) that failure to cure the default on or before the date specified in the <br />notice may result in acceleration of the sums secured by this Security Instrument and sale <br />of the Property. The notice shall further inform Borrower of the right to reinstate after <br />acceleration and the right to bring a court action to assert the non-existence of a default or <br />any other defense of Borrower to acceleration and sale. If the default is not cured by the <br />Borrower on or before the date specified in the notice, and the Senior Lien Holder has not <br />exercised its right to cure the default, then Lender at its option may require immediate <br />payment in full of all sums secured by this Security Instrument without further demand and <br />may invoke the power of sale and any other remedies permitted by applicable law. <br />Notwithstanding Lender's right to invoke any remedies hereunder, as provided in Section <br />8 above, the Lender agrees that it will not commence foreclosure proceedings or accept a <br />deed in lieu of foreclosure, or exercise any other rights or remedies hereunder until it has <br />given the Senior Lien Holder at least 60 day's prior written notice Lender shall be entitled <br />to collect all expenses incurred in pursuing the remedies provided in this paragraph 23, <br />including, but not limited to, reasonable attorneys' fees and costs of title evidence. <br />If Lender invokes the power of sale, Lender or Trustee shall mail copies of a <br />notice of sale in the manner prescribed by applicable law to Borrower, the Senior Lien <br />Holder of the First Deed of Trust and to the other persons prescribed by applicable law. <br />Trustee shall give notice of sale by public advertisement for the time and in the manner <br />prescribed by applicable law. Trustee, without demand on Borrower, shall sell the <br />Property at public auction to the highest bidder for cash at the time and place and under <br />the terms designated in the notice of sale in one or more parcels and in any order Trustee <br />determines. Trustee may postpone the sale of all or any parcel of the Property to any later <br />time on the same date by public announcement at the time and place of any previously <br />scheduled sale. Lender or its designee may purchase the Property at any sale. <br />Trustee shall deliver to the purchaser a Trustee's deed conveying the Property <br />without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed <br />shall be prima facie evidence of the trust of the statements made therein. Trustee shall <br />apply the proceeds of the sale in the following order: (a) to all expenses of the sale, <br />including, but not limited to, reasonable Trustee's and attorney's fees; (b) to all sums <br />secured by this Security Instrument; and (c) any excess to the person or persons legally <br />entitled to it according to the terms and conditions of Section 15 of the Resale Agreement. <br />24. Release. Upon payment of all sums secured by this Security Instrument, <br />Lender shall release this Security Instrument without charge to Borrower. Borrower shall <br />pay any recordation costs. <br />Ihlllllll�llllllllllllllllllllllllllllllllnlllllll ":Q -;=fig'=s' <br />
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