|
DARON E OBERMILLER JENNIFER J OBERMILLER 2 0 0 0 0 0 8 1 4 102970 O1/27/2000
<br /> 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of
<br /> Trust, due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this
<br /> Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the Property
<br /> pursuant to the power of sale contained in this Deed of Trust or(ii) entry of a judgment enforcing this Deed of Trust if: (a)
<br /> Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration
<br /> occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of
<br /> Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and
<br /> agreements of Barrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in
<br /> paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as
<br /> Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property and
<br /> Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and
<br /> cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no
<br /> acceleration had occurred.
<br /> 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder,
<br /> Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under
<br /> paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and
<br /> payable.
<br /> Upon acceleration under paragraph 17 l�ereof or abandoiunent of the Property, Lei:de., in person, by agent or by
<br /> judicially appointed receiver shall be entitled to euter upon, take possession of and manage the Property and to collect the
<br /> rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to
<br /> payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees,
<br /> premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Lender
<br /> and the receiver shall be liable to account only for those rents actually received.
<br /> 20. Reconveyance. Upou payment of all sums secured by this Deed of Trust, Lender shall request Trustee to
<br /> reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of
<br /> Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally
<br /> entitled thereto. Such person or persons shall pay all costs of recordation, if any.
<br /> 21. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor
<br /> trustee to any Trustee appointed hereunder by an instrument recorded in the counry in which this Deed of Trust is
<br /> recorded. Without conveyance of the Properry, the successor trustee shall succeed to all the title, power and duties
<br /> conferred upon the Trustee herein and by applicable law.
<br /> 22. Request for Notices. Borrower requests that copies of the notice of default and notice of sale be sent to
<br /> Borrower's address which is the Property Address.
<br /> 23. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
<br /> Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the
<br /> Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use,
<br /> or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to
<br /> normal residential uses and to maintenance of the Property.
<br /> Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by
<br /> any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
<br /> Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or
<br /> regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is
<br /> necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
<br /> As used in this paragraph 23, "Hazardous Substances" are those substances defined as toxic or hazardous substances
<br /> by Environmental Law and the following substances: gasoline, kerosene, other flauunable or toxic petroleum products,
<br /> toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials.
<br /> As used in this paragraph 23, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is
<br /> located that relate to health, safety ar environmental protection.
<br /> (Intentionally L,eft Bla.nk)
<br />
|