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Deed - 1991 Republic Ave - File 1319, 1996
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Deed - 1991 Republic Ave - File 1319, 1996
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CM City Clerk-City Council
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14. Acceleration: Remedies. Except as provided in paragraph 13 hereof, <br />upon Borrower's breach of any covenant or agreement of Borrower in this Deed of <br />Trust, including the covenants to pay when due any sums secured by this Deed of <br />Trust, Lender prior to acceleration shall give notice to Borrower as provided in <br />paragraph 11 hereof specifying: (1) the breach; (2) the action required to cure such <br />breach; (3) a date, not less than ten (10) days from the date notice is mailed to <br />Borrower, by which such breach must be cured; and (4) that failure to cure such <br />breach if curable on or before the date specified in the notice may result in <br />acceleration of the sums secured by this Deed of Trust and sale of the Property. <br />Notwithstanding the foregoing, in the event a default is non -monetary in nature, and <br />cannot reasonably be cured within thirty (30) days, Borrower shall not be deemed in <br />default so long as Borrower commences to cure as soon as reasonably possible and in <br />no event later than thirty (30) days, and diligently persecutes such cure to <br />completion. Lender shall be entitled to collect all reasonable costs and expenses <br />incurred in pursuing the remedies provided in this paragraph 14, including, but not <br />limited to, reasonable attorneys' fees. <br />If Lender invokes the power of sale, Lender shall execute or cause Trustee to <br />execute a written notice of the occurrence of an event of default and of Lender's <br />election to cause the Property to be sold and shall cause such notice to be recorded in <br />each county in which the Property or some part thereof is located. Lender or Trustee <br />shall mail copies of such notice in the manner prescribed by applicable law. Trustee <br />shall have public notice of sale mailed to the persons and in the manner prescribed by <br />applicable law. After the lapse of such time as may be required by applicable law, <br />Trustee, without demand on Borrower, shall sell the Property at public auction to the <br />highest bidder at the time and place and under the terms designated in the notice of <br />sale in one or more parcels and in such order as Trustee may determine. Trustee may <br />postpone sale of all or any parcel of any previously scheduled sale. Lender or <br />Lender's designee may purchase the Property at any sale. <br />Trustee shall deliver to the purchaser Trustee's deed conveying the Property so <br />sold without any covenant or warranty, expressed or implied. The recitals in the <br />Trustee's deed shall be prima facie evidence of the truth of the statements made <br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all <br />reasonable costs and expenses of the sale, including, but not limited to, reasonable <br />Trustee's and attorneys' fees and costs of title evidence; (b) to all sums secured by <br />this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled <br />thereto. <br />Daniel Woolery Page 7 of 10 <br />Deed of Trust November 15, 1996 <br />
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