Laserfiche WebLink
GEOi `GE SALPAS <br />2000.1-10 P O 203505 12/21/2000 <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 Borrower 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 hereof or abandonment of the Property, Lender, in person, by agent or by <br />judicially appointed receiver shall be entitled to enter 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. Upon 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 county in which this Deed of Trust is <br />recorded. Without conveyance of the Property, 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 flammable 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 or environmental protection. <br />(Intentionally Left Blank) <br />