�IMOT�Y J LARBY CHRISTI M LARBY 9 9 1 0�5 0� 3118133 06/24/1999
<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 sl�all have the right to have auy proceedings begun by Lender to enforce this
<br /> Deed of Trust discontinued at any time prior to the earlier to occur of (i) tlie fifth day before the sale of tl�e Property
<br /> pursuaut to tl�e 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 tl�en due under this Deed of Trust and the Note had no acceleration
<br /> occurred; (b) Borrower cures all breaches of any other coveuants or agreements of Borrower contaiued in tliis 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 /> paragrapl� 17 l�ereof, including, but �ux limited to, reasovable 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 iu tl�e Property and
<br /> Borrower's ob(igation to pay tl�e sums secured by this Deed of Trust shall continue unimpaired. Upon sucl� payment aud
<br /> cure by Borrower, this Deed of Trust and tl�e obligations secured hereby sl�all remaiu in full force and effect as if uo
<br /> acceleratiou had occurred.
<br /> 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereuuder,
<br /> Borrower hereby assigns to Lender die rents of the Property, provided that Borrower shall, prior to acceleratiou under
<br /> paragraph 17 hereof or abandomnent of tl�e 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 tl�e
<br /> rents of tl�e Properiy 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. L,ender
<br /> and the receiver shall be liable to account only for tl�ose rents actually received.
<br /> 20. Reconveyance. Upon paymeirt of all sums secured by this Deed of Trust, Lender shall request Trustee to
<br /> reco�ivey the Property and shall surrender this Deed of Trust and all notes evidencing indebteduess 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 tliereto. Such person or persoi�s shall pay all costs of recordation, if any.
<br /> 21. St�bstitute Tri�stee. 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 tl�e Property, the successor trustee shall succeed to all tl�e title, power and duties
<br /> conferred upon the Trustee herein and by applicable law. ''
<br /> 22. Reqi�est for Notices. Borrower requests that copies of the notice of default and notice of sale be sent to
<br /> Borrower's address wl�ich 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 tUat is in violation of any Enviro�unental Law. The preceding two sentences shall not apply to tl�e presence, use,
<br /> c�r stora�e on the Property of sma(1 yuantities of Haz'ardous Substances that are generally recognized to be appropriate to
<br /> uormal 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 gover�unental or regulatory agency or private party involving the Property and any Hazardous Substance or
<br /> Enviromnental Law of which Bonower has actual knowledge. If Bonower learns, or is notified by any govermnental or
<br /> regulatory authority, tl�at any removal or other remediation of any Hazardous Substance affectiug 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 Enviroimiental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum prociucts,
<br /> toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fui�:�:,fdehyde, and radioactive materials.
<br /> As used in this paragrapli 23, "Environmental Law" means federal laws ancl laws of the jurisdiction where tl�e Property is
<br /> located that relate to health, safety or environmental protection.
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