Common use of Acceleration; Remedies Clause in Contracts

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 25, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower as provided in Section 12. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it.

Appears in 2 contracts

Sources: Open End Mortgage, Mortgage

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 25, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy of a give Borrower notice of sale to Borrower as in the manner provided in Section 12. Lender shall publish a notice of sale and shall sell the Property at the time and place and under the terms specified in the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it.

Appears in 2 contracts

Sources: Mortgage, Open End Mortgage

Acceleration; Remedies. Lender shall give notice to Borrower and the Senior Lien Holder prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 15 unless Applicable Law provides otherwise)Instrument. The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to BorrowerBorrower (and with respect to the Senior Lien Holder, 60 days from the date the notice is given to the Senior Lien Holder), by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured by the Borrower on or before the date specified in the notice, and the Senior Lien Holder has not exercised its right to cure the default, then Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Notwithstanding Lender’s right to invoke any remedies hereunder, as provided in Section 6 above, the Lender agrees that it will not commence foreclosure proceedings or accept a deed in lieu of foreclosure, or exercise any other rights or remedies hereunder until it has given the Senior Lien Holder at least 60 days’ prior written notice. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 25paragraph 17, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy copies of a notice of sale to Borrower as provided in Section 12. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Lawapplicable law to Borrower, the Senior Lien Holder and to the other persons prescribed by applicable law. Lender shall give notice of sale by public advertisement for the time and in the manner prescribed by applicable law. Lender, without demand on Borrower, shall sell the Property, at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Lender determines. Lender may postpone sale of all or any parcel of the Property to any later time on the same date by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Lender shall deliver to the purchaser Lender’s deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Lender’s deed shall be prima facie evidence of the truth of the statements made therein. Lender shall apply the proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Lender’s and attorneys’ fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it.

Appears in 2 contracts

Sources: Second Deed of Trust and Security Agreement (Electropure Inc), Second Deed of Trust and Security Agreement (Electropure Inc)

Acceleration; Remedies. Lender shall give notice to Borrower by certified mail to the address of the Property or another address designated by Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-non- existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 25, including, but not limited to, reasonable attorneys’ fees and costs of title evidencefees. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail cause a copy of a notice of sale to Borrower as provided be served upon any person in Section 12possession of the Property. Lender shall publish the a notice of sale, and the Property shall be sold at public auction in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it.

Appears in 2 contracts

Sources: Mortgage, Open End Mortgage

Acceleration; Remedies. Lender shall give notice to Borrower Mortgagor prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 15 paragraph 16 unless Applicable Law applicable law provides otherwise)) and any notice of a default by Borrower under the Loan Agreement, Note or any other document executed by Borrower in connection with this Security Instrument. The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to BorrowerMortgagor, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ Mortgagor of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower Mortgagor to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender Lender, at its option option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender shall be entitled to collect all reasonable expenses incurred in pursuing the remedies provided in this Section 25paragraph 20, including, but not limited to, reasonable attorneys’ fees and costs of title evidencefees. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail cause a copy of a notice of sale to Borrower as provided in Section 12be served upon Mortgagor. Lender shall publish the a notice of sale, and the Property shall be sold at public auction in the manner prescribed by Applicable Lawapplicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it.

Appears in 2 contracts

Sources: Mortgage (Biovest International Inc), Mortgage (Biovest International Inc)

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 15 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2522, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower Bor­rower as provided in Section 1215. Lender shall publish the notice of sale, and the Property shall be sold in the manner man­ner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it.

Appears in 2 contracts

Sources: Mortgage, Mortgage

Acceleration; Remedies. Lender shall give notice to Borrower and Mortgagor prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 15 paragraph 17 unless Applicable Law applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to BorrowerBorrower and Mortgagor, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower and Mortgagor to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender Lender, at its option option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 25paragraph 21, including, but not limited to, reasonable attorneys’ fees and costs of title evidence' fees. If Lender ▇▇▇▇▇▇ invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail cause a copy of a notice of sale to Borrower as provided be served upon any person in Section 12possession of the Property. Lender shall publish the a notice of sale, and the Property shall be sold at public auction in the manner prescribed by Applicable Lawapplicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it.

Appears in 1 contract

Sources: Mortgage

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 15 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender ▇▇▇▇▇▇ shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2522, including, but not limited to, reasonable attorneysReasonable Attorneysfees Fees (as defined in Section 25) and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy of a give notice of sale in the manner prescribed by Applicable Law to Borrower as provided in Section 12and to the other persons prescribed by Applicable Law. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property Prop­erty at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, includingin­cluding, but not limited to, reasonable attorneysReasonable AttorneysfeesFees (as defined in Section 25); (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to itclerk of the circuit court of the county in which the sale is held.

Appears in 1 contract

Sources: Mortgage

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s a. Except as provided in paragraph 18 hereof, upon ▇▇▇▇▇▇▇▇'s breach of any covenant or agreement of Borrower in this Security Instrument (but not prior Deed of Trust or the Note, including the covenants to acceleration under Section pay when due any sums secured by this Deed of Trust, Lender shall mail notice to Borrower as provided in paragraph 15 unless Applicable Law provides otherwise). The notice shall specifyhereof specifying: (a1) the defaultbreach; (b2) the action required to cure the defaultsuch breach; (c3) a date, not no less than 30 thirty (30) days from the date the notice is given mailed to Borrower, by which the default such breach must be cured; and (d4) that failure to cure the default such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Deed of Trust and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence nonexistence of a default or any other defense of Borrower to acceleration and sale. . b. If the default breach is not cured on or before the date specified in the notice, Lender at its ▇▇▇▇▇▇'s option may require immediate payment in full declare all of all the sums secured by this Security Instrument Deed of Trust to be immediately due and payable without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender shall be entitled to collect from the Borrower, or sale proceeds, if any, all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 25paragraph, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. attorney's fees. c. If Lender ▇▇▇▇▇▇ invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower as provided in Section 12. Lender shall publish the notice power of sale, ▇▇▇▇▇▇ shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Lender's election to cause the Property shall to be sold and shall cause such notice to be recorded in each county in which the Property or some part thereof is located. Lender or Trustee shall mail copies of such notice in the manner prescribed by Applicable Lawapplicable law to Borrower and to the other persons prescribed by applicable law. Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property 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 such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its ▇▇▇▇▇▇'s designee may purchase the Property at any sale. d. Trustee shall deliver to the purchaser a Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. 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 shall be applied in the following order: (a1) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable attorneys’ feesTrustee's and attorney's fees and costs of title evidence; (b2) to all sums secured by this Security InstrumentDeed of Trust; and (c3) any excess the excess, if any, to the person or persons legally entitled to itthereto.

Appears in 1 contract

Sources: Deed of Trust

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 15 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2522, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender ▇▇▇▇▇▇ invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy give Borrower notice of sale in the manner provided in Section 15. Lender shall publish a notice of sale to Borrower as provided and shall sell the Property at the time and place and under the terms specified in Section 12. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it.

Appears in 1 contract

Sources: Mortgage

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s 's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 15 paragraph 17 unless Applicable Law applicable law provides otherwise). The notice shall specify: ; (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender ▇▇▇▇▇▇ shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 25paragraph 21, including, but not limited to, to reasonable attorneys’ fees and costs of title evidence' fees. If Lender invokes the STATUTORY POWER OF SALE, power of sale Lender shall mail cause a copy of a notice of sale to Borrower as provided be served upon any person in Section 12possession of the Property. Lender shall publish the a notice of sale, and the Property shall be sold at public auction in the manner prescribed by Applicable Lawapplicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, including but not limited to, to reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it.

Appears in 1 contract

Sources: Mortgage (Emachines Inc /De/)

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument or in the Loan Agreement (but not prior to acceleration under Section 15 13 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days (or 5 days, for monetary defaults) from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2517, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender ▇▇▇▇▇▇ invokes the STATUTORY POWER OF SALEpower of sale, ▇▇▇▇▇▇ shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of ▇▇▇▇▇▇’s election to cause the Property to be sold. Trustee shall cause this notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail a copy copies of a the notice as prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. Trustee shall give public notice of sale to Borrower as provided in Section 12. Lender shall publish the notice of sale, persons and the Property shall be sold in the manner prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property 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 parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. 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 shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. Borrower hereby waives any and all benefits and defenses under California Code of Civil Procedure Section 726.

Appears in 1 contract

Sources: Deed of Trust, Security Agreement and Fixture Filing

Acceleration; Remedies. Lender shall give notice to Borrower as required by Applicable Law prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 35 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property; and (e) any other information required by Applicable Law. The notice shall further inform ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all costs and expenses incurred in pursuing the remedies provided in this Section 25, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy of a give notice of sale in the manner required by Applicable Law to Borrower as provided in Section 12and any other persons prescribed by Applicable Law. Lender shall also publish the notice of sale, and the Property shall be sold in the manner sold, as prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured manner prescribed by this Security Instrument; and (c) any excess to the person or persons legally entitled to itApplicable Law.

Appears in 1 contract

Sources: Mortgage

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s 's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 15 paragraph 17 unless Applicable Law applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender ▇▇▇▇▇▇ shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 25paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender ▇▇▇▇▇▇ invokes the STATUTORY POWER OF SALEpower of sale, ▇▇▇▇▇▇ shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee shall cause this notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail a copy copies of a the notice as prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. Trustee shall give public notice of sale to Borrower as provided in Section 12. Lender shall publish the notice of sale, persons and the Property shall be sold in the manner prescribed by Applicable Lawapplicable law. After the time required by applicable law, Trustee, without demand on Borrower, shall sell the Property 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 parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the property without any covenant or warranty, expressed or implied. 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 shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it.

Appears in 1 contract

Sources: Deed of Trust

Acceleration; Remedies. Lender Beneficiary shall give notice to Borrower Trustor prior to acceleration following Borrowerafter Trustor’s breach of any covenant or agreement in this Security Instrument Deed of Trust (but not prior to acceleration under Section 15 paragraph 14 unless Applicable Law applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to BorrowerTrustor, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Deed of Trust and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ Trustor of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence nonexistence of a default or of any other defense of Borrower Trustor to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender Beneficiary at its option may require immediate payment in full of all sums secured by this Security Instrument Deed of Trust without further demand and may invoke the STATUTORY POWER OF SALE and any other those remedies permitted by Applicable Lawapplicable law may be invoked. Lender Beneficiary shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 25paragraph 17, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. Beneficiary may bring suit in any court of competent jurisdiction to foreclose the lien of this Deed of Trust judicially and/or obtain judgment on the Agreements that it secures. Any election by Beneficiary to invoke the power of sale provisions of this paragraph 17 shall not be considered a final and binding election of remedies that would preclude such a judicial foreclosure, until conclusion of the sale of the Property by the Trustee as described in this paragraph 17. If Lender invokes the STATUTORY POWER OF SALEpower of sale is invoked, Lender Trustee shall execute a written notice of the occurrence of an event of default and of the election to cause the Property to be sold and shall record such notice in each Recording District in which any part of the property is located. Beneficiary or Trustee shall mail a copy copies of a notice of sale to Borrower as provided in Section 12. Lender shall publish the notice of sale, to the persons and the Property shall be sold in the manner prescribed by Applicable Lawapplicable law. Lender Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the time required by applicable law, Trustee, without demand on Trustor, shall sell the property 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 parcel of the property by public announcement at the time and place of any previously scheduled sale. Beneficiary or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty, expressed or implied. 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 shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security InstrumentDeed of Trust; and (c) any excess to the person or persons legally entitled to it.

Appears in 1 contract

Sources: Deed of Trust

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 15 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2522, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender ▇▇▇▇▇▇ invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy of a give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrower as in the manner provided in Section 1215. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it.

Appears in 1 contract

Sources: Mortgage

Acceleration; Remedies. Lender Beneficiary shall give notice to Borrower Trustor prior to acceleration following Borrower’s Trustor's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 15 unless Applicable Law provides otherwise)Deed of Trust. The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, which shall not less be more than 30 ten (10) calendar days from the date of the mailing of the notice is given to Borrowerfor a monetary default, or a date, which shall not be more than thirty (30) calendar days from the mailing of the notice for a non-monetary default, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums Secured Obligations secured by this Security Instrument Deed of Trust and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ Trustor of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower Trustor to acceleration and sale. If the default is not cured by the Trustor on or before the date specified in the notice, Lender and the Senior Lien Holder or the investor limited partner have not cured the default within that same period, subject to any non-recourse provisions set forth in Section 8 of the Note, then Beneficiary at its option may require immediate payment in full of all sums Secured Obligations secured by this Security Instrument Deed of Trust without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender Beneficiary shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 2527, including, but not limited to, reasonable attorneys' fees and costs of title evidence. . a. If Lender Beneficiary invokes the STATUTORY POWER OF SALEpower of sale, Lender Beneficiary or Trustee shall mail a copy copies of a notice of sale to Borrower as provided in Section 12. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Lawapplicable law to Trustor, the investor limited partner, the Senior ▇▇▇▇ ▇▇▇▇▇▇ and to the other persons prescribed by applicable law. Lender Trustee shall give notice of sale by public advertisement for the time and in the manner prescribed by applicable law. Trustee, without demand on Trustor, shall sell the Property at public auction to the highest bidder for cash 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 parcel of the Property to any later time on the same date by public announcement at the time and place of any previously scheduled sale. Beneficiary or its designee may purchase the Property at any sale. b. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. 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 shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security InstrumentDeed of Trust; and (c) any excess to the person or persons legally entitled to it.

Appears in 1 contract

Sources: Loan Agreement

Acceleration; Remedies. Lender shall give notice to Borrower Borrower, the Navajo Nation and the Bureau of Indian Affairs, prior to acceleration following Borrower’s ▇▇▇▇▇▇▇▇'s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 15 paragraph 17 unless Applicable Law applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 sixty (60) days from the date the notice is given to received by Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to bring a court action to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and saleforeclosure. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke foreclose this Security Instrument by judicial proceeding; provided, however, prior to any sale of the STATUTORY POWER OF SALE Property subsequent to such foreclosure proceeding, Lender shall notify the Navajo Nation of the availability of the Property for sale and any other remedies permitted by Applicable Lawthe Navajo Nation shall be entitled to exercise its right of first refusal to purchase the Property in accordance with paragraph 26 below and the terms of that certain Homesite Lease described above. Lender shall be entitled to collect seek all reasonable expenses incurred in pursuing the remedies provided in this Section 25paragraph 21, including, but not limited to, reasonable attorneys’ fees ' fees, and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower as provided in Section 12. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it.

Appears in 1 contract

Sources: Mortgage

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s 's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 15 unless Applicable Law provides otherwise)Mortgage. The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, Borrower by which the default must be cured, provided, however, if Borrower is diligently pursuing a cure, Borrower shall have such additional time as is reasonably necessary to complete the cure; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Mortgage and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all any sums secured by this Security Instrument Mortgage without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawlaw. Lender ▇▇▇▇▇▇ shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 25paragraph 15, including, but not limited to, reasonable attorneys’ fees and costs of title evidenceattorneys fees. If Lender ▇▇▇▇▇▇ invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail cause a copy of a notice of sale to Borrower as provided be served upon any person in Section 12possession of the Property. Lender shall publish the a notice of sale, and the Property shall be sold at public auction in the manner prescribed by Applicable Lawlaw. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ attorneys fees; (b) to all sums secured by this Security InstrumentMortgage; and (c) any excess to the person or persons legally entitled to it.

Appears in 1 contract

Sources: Mortgage (Wsi Industries Inc)

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 15 paragraph 17 unless Applicable Law applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender ▇▇▇▇▇▇ shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 25paragraph 21, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender ▇▇▇▇▇▇ invokes the STATUTORY POWER OF SALEpower of sale, ▇▇▇▇▇▇ shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of ▇▇▇▇▇▇’s election to cause the Property to be sold. Trustee shall cause this notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail a copy copies of a the notice as prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. Trustee shall give public notice of sale to Borrower as provided in Section 12. Lender shall publish the notice of sale, persons and the Property shall be sold in the manner prescribed by Applicable Lawapplicable law. After the time required by applicable law, Trustee, without demand on Borrower, shall sell the Property 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 parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the property without any covenant or warranty, expressed or implied. 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 shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it.

Appears in 1 contract

Sources: Deed of Trust

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 25, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy of a give notice of sale to Borrower as in the manner provided in Section 12. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender shall sell the Property in one or more parcels and in any order Lender determines. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled clerk of the court subject to itthe order of the court.

Appears in 1 contract

Sources: Mortgage

Acceleration; Remedies. Lender shall give notice to Borrower as required by Applicable Law prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 15 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 35 days from the date the notice is given to BorrowerBor­rower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property; and (e) any other information required by Applicable Law. The notice shall further inform ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled en­titled to collect all costs and expenses incurred in pursuing the remedies provided in this Section 2522, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy of a give notice of sale in the manner required by Applicable Law to Borrower as provided in Section 12and any other persons prescribed by Applicable Law. Lender shall also publish the notice of sale, and the Property shall be sold in the manner sold, as prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured manner prescribed by this Security Instrument; and (c) any excess to the person or persons legally entitled to itApplicable Law.

Appears in 1 contract

Sources: Mortgage

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Except as provided in paragraph 16 hereof, upon Borrower’s breach of any covenant or agreement of Borrower in this Security Instrument (but not Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration under Section 15 unless Applicable Law provides otherwise). The shall give notice shall specifyto Borrower as provided in paragraph 12 hereof specifying: (a1) the defaultbreach; (b2) the action required to cure the defaultsuch breach; (c3) a date, not less than 30 10 days from the date the notice is given mailed to Borrower, by which the default such breach must be cured; and (d4) that failure to cure the default such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Deed of Trust and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence nonexistence of a default or any other defense of Borrower to acceleration and sale. If the default breach is not cured on or before the date specified in the notice, Lender Lender, at its option Lender’s option, may require immediate payment in full declare all of all the sums secured by this Security Instrument Deed of Trust to be immediately due and payable without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 25paragraph 17, including, but not limited to, reasonable attorneys’ fees and costs of title evidencefees. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail execute or cause Trustee to execute a copy of a written notice of sale the occurrence of an event of default and of Lender’s election to Borrower as provided cause the Property to be sold and shall cause such notice to be recorded in Section 12each county in which the Property or some part thereof is located. Lender or Trustee shall publish the mail copies of such notice of sale, and the Property shall be sold in the manner prescribed by Applicable Lawapplicable law. Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property 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 such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its Lender’s designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the Property so sold without any covenant or warranty, expressed or implied. 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 shall be applied in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ feesfees and costs of title evidence; (b) to all sums secured by this Security InstrumentDeed of Trust; and (c) any excess the excess, if any, to the person or persons legally entitled to itthereto.

Appears in 1 contract

Sources: Deed of Trust

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Except as provided in paragraph 16 hereof (unless applicable law provides otherwise), upon Borrower’s 's breach of any covenant or agreement of Borrower in this Security Instrument (but not Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration under Section 15 unless Applicable Law provides otherwise)shall give notice to Borrower as required by applicable law. The notice shall specify: (a1) the defaultbreach; (b2) the action required to cure the defaultbreach; (c3) a date, not less than 30 35 days from the date the notice is given to Borrower, by which the default breach must be cured; and (d4) that failure to cure the default breach on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Mortgage and sale of the Property; and (5) any other information required by applicable law. The notice shall further inform ▇▇▇▇▇▇▇▇ Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence nonexistence of a default or any other defense of Borrower to acceleration and sale. If the default breach is not cured on or before the date specified in the notice, Lender Lender, at its option option, may require immediate payment in full declare all of all the sums secured by this Security Instrument Mortgage to be immediately due and payable without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender shall be entitled to collect all costs and expenses incurred in pursuing the remedies provided in this Section 25paragraph 17, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy of a give notice of sale in the manner required by applicable law to Borrower as provided in Section 12and any other persons prescribed by applicable law. Lender shall also publish the notice of sale, and the Property shall be sold in the manner sold, as prescribed by Applicable Lawapplicable law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured manner prescribed by this Security Instrument; and (c) any excess to the person or persons legally entitled to itapplicable law.

Appears in 1 contract

Sources: Mortgage

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 15 paragraph 17 unless Applicable Law applicable law provides otherwise). The notice shall specify: : (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender ▇▇▇▇▇▇ shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 25paragraph 21, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender ▇▇▇▇▇▇ invokes the STATUTORY POWER OF SALEpower of sale, ▇▇▇▇▇▇ shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of ▇▇▇▇▇▇’s election to cause the Property to be sold. Trustee shall cause this notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail a copy copies of a the notice as prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. Trustee shall give public notice of sale to Borrower as provided in Section 12. Lender shall publish the notice of sale, persons and the Property shall be sold in the manner prescribed by Applicable Lawapplicable law. After the time required by applicable law, Trustee, without demand on Borrower, shall sell the Property 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 parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee’s deed conveying the property without any covenant or warranty, expressed or implied. 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 shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it.

Appears in 1 contract

Sources: Deed of Trust

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 15 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 25, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If Lender ▇▇▇▇▇▇ invokes the STATUTORY POWER OF SALEpower of sale, Lender shall mail a copy of a give notice of sale to Borrower as in the manner provided in Section 12. Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender shall sell the Property in one or more parcels and in any order Lender determines. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys’ fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled clerk of the court subject to itthe order of the court.

Appears in 1 contract

Sources: Open End Mortgage

Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s a. Except as provided in paragraph 18 hereof, upon ▇▇▇▇▇▇▇▇'s breach of any covenant or agreement of Borrower in this Security Instrument (but not prior Deed of Trust or the Note, including the covenants to acceleration under Section pay when due any sums secured by this Deed of Trust, Lender shall mail notice to Borrower as provided in paragraph 15 unless Applicable Law provides otherwise). The notice shall specifyhereof specifying: (al) the defaultbreach; (b2) the action required to cure the defaultsuch breach; (c3) a date, not no less than 30 thirty (30) days from the date the notice is given mailed to Borrower, by which the default such breach must be cured; and (d4) that failure to cure the default such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument Deed of Trust and sale of the Property. The notice shall further inform ▇▇▇▇▇▇▇▇ of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence nonexistence of a default or any other defense of Borrower to acceleration and sale. . b. If the default breach is not cured on or before the date specified in the notice, Lender at its ▇▇▇▇▇▇'s option may require immediate payment in full declare all of all the sums secured by this Security Instrument Deed of Trust to be immediately due and payable without further demand and may invoke the STATUTORY POWER OF SALE power of sale and any other remedies permitted by Applicable Lawapplicable law. Lender shall be entitled to collect from the Borrower, or sale proceeds, if any, all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 25paragraph, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. attorney's fees. c. If Lender ▇▇▇▇▇▇ invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower as provided in Section 12. Lender shall publish the notice power of sale, ▇▇▇▇▇▇ shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Lender's election to cause the Property shall to be sold and shall cause such notice to be recorded in each county in which the Property or some part thereof is located. Lender or Trustee shall mail copies of such notice in the manner prescribed by Applicable Lawapplicable law to Borrower and to the other persons prescribed by applicable law. Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property 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 such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its ▇▇▇▇▇▇'s designee may purchase the Property at any sale. d. Trustee shall deliver to the purchaser a Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. 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 shall be applied in the following order: (a1) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable attorneys’ feesTrustee's and attorney's fees and costs of title evidence; (b2) to all sums secured by this Security InstrumentDeed of Trust; and (c) any excess to the person or persons legally entitled to it.and

Appears in 1 contract

Sources: Deed of Trust