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202405602
<br />LOAN #: 16061462
<br />15. Sale of Agreement; Change of Loan Servicer. The Agreement or a partial interest in the Agreement (together
<br />with this Deed of Trust) may be sold one or more times without prior notice to you. A sale may result in a change in the
<br />entity (known as the "Loan Service() that collects monthly payments due under the Agreement and this Deed of Trust.
<br />There also may be one or more changes of the Loan Servicer unrelated to the sale of the Agreement. If there is a change
<br />of the Loan Servicer, you will be given written notice of the change as required by applicable law. The notice will state
<br />the name and address of the new Loan Servicer and the address to which payments should be made. The notice will
<br />also contain any information required by applicable law.
<br />16. Hazardous Substances. You shall not cause or permit the presence, use, disposal, storage, or release of any
<br />Hazardous Substances on or in the Property. You 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,
<br />use, or storage on the Property of Hazardous Substances in quantities that are generally recognized to be appropriate
<br />to normal residential uses and to maintenance of the Property. You shall promptly give us written notice of any
<br />investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party
<br />involving the Property and any Hazardous Substance or Environmental Law of which you have actual knowledge. If
<br />you learn or are notified by any government or regulatory authority, that any removal or other remediation of any
<br />Hazardous Substance affecting the Property is necessary, you shall promptly take all necessary remedial actions in
<br />accordance with Environmental Law. As used in this Deed of Trust, "Hazardous Substances" are those substances
<br />defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene,
<br />other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing
<br />asbestos or formaldehyde, and radioactive materials. As used in this Deed of Trust, "Environmental Law" means
<br />federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental
<br />protection.
<br />17. Acceleration; Remedies. You will be in default if (1) any payment required by the Agreement or this Deed
<br />of Trust is not made when it is due; (2) we discover that you have committed fraud or made a material
<br />misrepresentation in connection with the Agreement; or (3) your action, or your failure to act, adversely affects
<br />our security for the Agreement or any right we have in the Property. We shall give you notice prior to acceleration
<br />following your breach of any covenant or agreement in this Deed of Trust. The notice shall specify: (a) the default;
<br />(b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to
<br />you, by which the default must be cured; and (d) that failure to cure the default on or before the date specified
<br />in the notice may result in acceleration of the sums secured by this Deed of Trust, and sale of the Property. The
<br />notice shall further inform you of the right to reinstate after acceleration and the right to bring a court action to
<br />assert the non-existence of a default or any other defense you may have to acceleration and sale. If the default
<br />is not cured on or before the date specified in the notice, we may, at our option, require immediate payment in
<br />full of all sums secured by this Deed of Trust without further demand and may invoke the power of sale and any
<br />other remedies permitted by applicable law. We shall be entitled to collect all expenses incurred in pursuing
<br />remedies provided in this Section 17, including, but not limited to, reasonable attorneys' fees as permitted by
<br />applicable law.
<br />If we invoke the power of sale, we shall record or cause Trustee to record a notice of default In each county
<br />in which any part of the Property is located, and we shall mail or cause Trustee to mail copies of such notice in
<br />the manner prescribed by applicable law to you to other persons prescribed by applicable law. Trustee shall give
<br />notice of sale by public advertisement for the time and in the manner prescribed by applicable law. Trustee,
<br />without demand on you, shall sell the Property at public auction to the highest bidder at the time and place and
<br />under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines.
<br />Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of
<br />any previously scheduled sale. We or our 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 conveying the
<br />Property without any covenant or warranty whatsoever. The recitals in the Trustee's deed shall be conclusive
<br />evidence of the truth of the statements made therein, unless otherwise provided by applicable law. Trustee shall
<br />apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of
<br />sale, and the sale including, but not limited to, Trustee's fees of 0.00 % of the gross sale price and
<br />reasonable attorneys' fees (as specified above); (b) to all sums secured by this Deed of Trust; and (c) any excess
<br />to the person or persons legally entitled to it.
<br />18. Discontinuance of Enforcement. Notwithstanding our acceleration of the sums secured by this Deed of Trust
<br />under the provisions of Section 17, we may, in our sole discretion and upon such conditions as we in our sole discretion
<br />determine, discontinue any proceedings begun to enforce the terms of this Deed of Trust.
<br />19. Release. Upon your request and payment of all sums secured by this Deed of Trust, we or Trustee shall release
<br />this Deed of Trust without charge to you and mark the Note "paid" and return the Note to you. You shall pay any
<br />recordation costs.
<br />20. Additional Charges. You agree to pay reasonable charges as allowed by law in connection with the servicing
<br />of this loan including, without limitation, the costs of obtaining tax searches and subordinations, provided, however, that
<br />nothing contained in this section is intended to create and shall not be construed to create any duty or obligation by
<br />us to perform any such act, or to execute or consent to any such transaction or matter, except a release of the Deed
<br />of Trust upon full repayment of all sums secured thereby.
<br />21. Substitute Trustee. We may, at our option, from time to time remove Trustee and appoint a successor trustee
<br />to any Trustee appointed hereunder by an instrument executed and acknowledged by us and recorded in the office of
<br />the Recorder of the county in which the Property is located. The instrument shall contain the name of the original lender,
<br />Trustee and borrower, the book and page where this Deed of Trust is recorded and the name and address of the
<br />successor trustee. Without conveyance of the Property, the successor trustee shall succeed to all the title, powers and
<br />duties conferred upon the Trustee herein and by applicable law.
<br />22. Possession of the Property. You shall have possession of the Property until we have given you notice of default
<br />pursuant to paragraph 17 of this Deed of Trust.
<br />NE - DEED OF TRUST - Single Family - HELOC - HC# 20934 (02/00)
<br />ICE Mortgage Technology, Inc. Page 4 of 5
<br />NEQDEED 1008
<br />NEQDEED (CLS)
<br />10/21/2024 11:38 AM PST
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