Laserfiche WebLink
18., Borrower's Right to Reinstate. if Borrower meets certain conditions, eorrower shall have the right to have <br /> enforcement of this Security Instrum�t discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable <br /> law may speciy for reinstatement) before sale of the Property pursuant to any power of sale contained h this Security Instrument; or � <br /> (b) entry of a judgment enforchg this Securiry Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then � <br /> would be due under this Security Instrum�t and the Note es if no acceleration had occurred; (b) cures any default of any other , <br /> covenant or agreernents; (c) pays ail expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable <br /> attomeys' fses; and (d) takes such action as Lender may reasonaby require to assure that the lien of this Security Instrument, Lender's � <br /> rights m the Property and Borrowers obligation to pay the sums secured by this Security Instn�ment shall cont�ue unchanged. Upon � <br /> reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as ff no acceleration 1� <br /> had occurred. However, this right to rev�state shall not appy in the case of acceleration under paragraph 17. C� <br /> 19. Sale of Note; Change of Loan Servicer. Tne Note or a partial incerest �n tne Note (together w�cn cn�s securny (� <br /> Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the � <br /> "Loan Servicer") that coilects monthly payments due under the Note and this Security Instrument. There also may be one or more <br /> changes ot the Loan Servicer unreleted to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written <br /> notice of the change � accordance with paragraph 14 above and applicable law. The notice will state the name and address of the <br /> new Loan Senricer and the address to which payments should be made. The notice wiii also contain any other information required by <br /> applicable law. <br /> 20. Hazardous Substances. eorrower shall not cause or permit the presence, use, disposal, storage, or release ot any <br /> Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anyth�g affecting the Property that <br /> is in violation of any Environmental Law. The preceding two sentences shall not appty to the presence, use, or storage on the <br /> Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to <br /> maintenance of the Property. <br /> Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any govemmental <br /> or regulatory agency or private party invoNing the Property and any Hazardous Substance or Environmental Law of which Borrower has <br /> actual knowledge. If Borrower leams, or is notif'�ed by any govemmentel or reguiatory authority, that any removal or other remediation <br /> of any Hazardous Substance affecting the Property is necessary, Borrower shall prompty take all necessary remediel actlons in <br /> accordance with Environmental Law. <br /> As used h this paragraph 20, "Hazardous Substances" are those substances def�ed as toxic or hazardous substances by <br /> Env'KOnmentai Law and the folbwing substances: gesolhe, kerosene, other flammable or toxic petroleum products, toxic pesticides and <br /> herbicides, voietile solvents, mater�is containing asbestos or fortnaldehyde, and redioactive materials. As used � this paragraph 20, <br /> "Environmental Law" means federal laws and �aws of the jurisdiction where the Property is bcated that relate to heaRh, safety or <br /> environmental protection. <br /> NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br /> 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br /> Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to <br /> acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specliy: <br /> (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the <br /> date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure <br /> the default on or before the date specified in the notice may result in acceleration of the sums <br /> secured by this Security InsVument and sale of the Property. The notice shall further inform <br /> Borrower of the right to reinstate after acceleration and the right to bring a court act�on to assert the <br /> non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is <br /> not cured on or before the date specified in the notice, Lender at its option may require immediate <br /> payment in full of all sums secured by this Security Instrument without further demand and may <br /> invoke the power of sale and any other remedies permitted by applicable law. Lender shall be <br /> entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, <br /> including, but not limited to, 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 <br /> any part of the Property is located and shall mail copies of such notice in the manner prescribed by <br /> applicable law to Borrower and to the other persons prescribed by applicable law. After the time <br /> required by applicable law, Trustee shall give public notice of sale to the persons and in the manner <br /> prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public <br /> auction to the 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 any order Trustee determines. Trustee may postpone sale of all <br /> or any parcel of the Property 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 /> Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed <br /> conveying the Property. The recitals tn the Trustee's deed shall be prima facie evidence of the truth <br /> of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: <br /> (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of <br /> the Trustee's fees actually incurred, not to exceed 3 % of the principal amount of the note <br /> at the time of the declaration of default, and reasonable attorney's fees as permitted by law; (b) to all <br /> sums secured by this Security Instrument; and (c) any excess to the person or persons legally <br /> entitled to i� <br /> 22. Reconveyance. Upon payment of eA sums secured by this Securiry Instrument, Lender shall request Trustee to reconvey <br /> the Property and shali suR�der this Secur'dy instrurt�nt and all notes evidencing debt secured by this Security Instrument to Trustee. <br /> Trustee shall reconvey the Property wkhout warra�ty and wkhout cherge to the person or persons legally entitled to k. Such person or <br /> persons shall pay any recordation costs. <br /> 23. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to <br /> any Trustee appointed hereunder by an instrum�t recorded in the county in which this Security Instrument is recorded. Wkhout <br /> conveyance of the Property, successor tnistee shall succeed to all the tkle, power and duties conferred upon Trustee herein and by <br /> applicable law. <br /> 24. Request for Notices. Bonower requests that copies of the notices of defauk and sale be sent to BoROwer's address <br /> which is the Property Address. <br /> 25. Riders to this Security Instrument. If one or more riders are executed by BoROwer and recorded together with <br /> this Security Instrument, the covenants and agreements ot each such rider shall be incorporated hto and shall amend and supptement <br /> the covenants and agreements of this Security Instrument as ff the rider(s) were a part of this Security InsWment. <br /> Form 3028 9/BO <br /> F1029.LM0(10/97) Pny�4 of S <br />