|
. ���
<br /> • • r
<br /> � 18. Borrower's.Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of
<br /> � this�ecurfty Instrument discontiRued at eny time'prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for ,
<br /> reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment
<br /> enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security�(�
<br /> Irrstrument and the Note had no acceleration occurred; (b) cures any defauft of any other covenant or agreements; (c) pays all expense�
<br /> incurred iri enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender '
<br /> may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay �,
<br /> the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the �
<br /> obl'�gations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in �
<br /> the case of acceleration under paragraph 17. �
<br /> 19. S81e Of NOte; Change Of LOan Servicer. 7he Note or a partial interest in the Note (together with this Security �
<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 Q;
<br /> "Loan Servicer") that collects monthy payments due under the Note and this Security Instrument. There also may be one or more changes �
<br /> of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the m
<br /> change in accordance with paragraph 14 above and appl'�cable law. The notice will state the name and address of the new Loan Servicer �
<br /> and the address to which payments should be made. The notice will also contain any other information required by applicable Iaw. �
<br /> 20. H8z8rdOU8 Sub8t8nCeS. Borrower shall not cause or peRnit the presence, use, disposal, storage, or release of any v^'
<br /> Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in �1
<br /> violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small �
<br />"""`""''"``°t�uar�ttttties of Hazardous Si1bSt8nces that are generaliy recognized to be appropriate to normal residentiai uses and to maintenance of the
<br /> Property.
<br /> Borrower shali promptly give Lender written notice of any investigation, claim, demand,lawsuit or other action by any governmental or
<br /> regulatory agency or private party invoNing the Property and any Hazardous Substance or Environmental Law of which Borrower has actual
<br /> knowledge. If Borrower learns, or is notified by any governmentai or regulatory suthority, that any removal or other remediation of any
<br /> Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with
<br /> Environmental Law.
<br /> As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by
<br /> Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
<br /> herbicides, volatile soNents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20,
<br /> "Environmental Law" means federal Iaws and Iaws of the jurisdiction where the Property is located that relate to health, safety or
<br /> environmental protection.
<br /> NON-UNIFORM COVENANTS. BoROwer 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 specify: (a)
<br /> the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the
<br /> notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on
<br /> or before the date specified in the notice may result in acceleration of the sums secured by this Security
<br /> Instrument and sale 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 any other
<br /> defense of Borrower to acceleration and sale. If the defauit is not cured on or before the date specified in
<br /> the notice, Lender at its option may require immediate payment in full of all sums secured by this Security
<br />� Inatrument without further demand end` tnay invoke-the power of sale and �ny other remedies permitted
<br /> by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies
<br /> provided in this paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title
<br /> evidence.
<br /> If the power of sale is invoked, Trustee shali record a notice of default in each county in which any
<br /> part of the Property is located and shall mail copies of such notice in the manner prescribed by applicable
<br /> law to Borrower and to the other persons prescribed by appiicable law. After the time required by
<br /> applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by
<br /> applicable law. 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 sale in one or more
<br /> parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the
<br /> Property by pubiic announcement at the time and place of any previousiy scheduled sale. Lender or its
<br /> 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 in the Trustee's deed shall be prima facie evidence of the truth of
<br /> the statements made therein. Trustee shali apply the proceeds of the sale in the following order: (a) to all
<br /> costs and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's
<br /> fees actually incurred, not to exceed 10°� °k of the principal amount of the note at the time of
<br /> the declaration of default, and reasonable attorney's fees as permitted by law; (b) to all sums secured by
<br /> this Security Instrument; and (c) any excess to the person or persons legally entitied to it.
<br /> 22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the
<br /> Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee
<br /> shall reconvey the Property wfthout waRanty 8nd without charge to the person or persons legally entitled to it. Such person or persons shall
<br /> 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 any
<br /> Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of
<br /> the Property, successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law.
<br /> 24. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address which
<br /> is the Property Address.
<br /> 25. RIde1'S t0 this Security Instrument. �f one or more riders are executed by Borrower and recorded together with this
<br /> Security Instrument, the covenants and agreements of each such rider shail be incorporated into and shali amend and suppiement the
<br /> covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.
<br /> Form 3028 9/BO
<br /> F4009.LMa(10/98) Page 4 of 5
<br />
|