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DAROit E OBERMILLER JENNIFER J OBERMILLER 9 9 ����0 V 102699 07/14/1999
<br /> . 18. Borrower's Right to Reinst2te. Notwithstandin� Lender's acceleration of the sums secured by tl�is Deed of
<br /> Trust, due to Borrc�wer's breacl�, Borrower sl�all liave the right to have any proceedings begun by Leuder to enforce this
<br /> Deed of Trust discontinued at any tiiYie prior to the earlier to occur of (i) tl�e fifth day before the sale of tlie Property
<br /> pursuaut to tl�e power c>f sale contained in tliis Deed of Trust or(ii) entry of a judgmeut enforcing tl�is Deed of Trust if: (a)
<br /> Borrower pays Lender all sums wliich would be then due under this Deed of Trust and the Note l�ad no acceleration
<br /> occurred; (h) Borrower cures all breaches of any other coveriatits or a�reements of Borrower contained in tl�is Deed of
<br /> Trust; (c) Borrower pays all reasouable expenses incurred by Lender and Trustee in enforcing tl�e coveuants and
<br /> agreements of Bc>rrower cot�tained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in
<br /> paragrapl� 17 hereof, includiug, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such actiou as
<br /> Leuder may reasonably require to assure that tl�e lien of tl�is Deed of Trust, Leuder's interest in the Property and
<br /> Borrower's obligation to pay the sums secured by this Deed of Trust sliall coutinue unimpaired. Upon sucl� payment and
<br /> cure hy Borrower, this Deed of Trust and the obligatious secured l�ereby shall remain iu full force and effect as if no
<br /> acceleratioii had occurred. �
<br /> l9. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder,
<br /> Borrower l�erehy assi�ns to Lender the rents of the Property, provided that Barrower shall, prior to acceleration uuder
<br /> paragraph 17 hereof or abaudomneut of tiie Property, have the right to collect aiid retain such rents as tl�ey become due and
<br /> payable.
<br /> Upoti acceleratioii under paraara�h 17 hereof or abandonment of the Property. Lender, in person, hy agent or by
<br /> judicially appointed receiver shall be entided to enter upon, take possessiou of and manage tl�e Propetxy,•nd to colJect tlie
<br /> rents of tlie Property including tlx>se past due. All rents collected by Lender or tl�e receiver shall`� applie��i first �i> �,'�
<br /> paymeirt of the costs of maua�ement of the Property aiid collection of rents, including, but iiot limited to, receiver's fees,
<br /> premiums on receiver's bouds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Lender
<br /> and tlie receiver sl�all he liable to account oi�ly for tliose 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 aud shall surrender tl�is Deed of Trust and all notes evidencin� indebtedness secured by tl�is Deed of
<br /> Trust to Trustee. Trustee shall reconvey the Pro�erty witl�out warranty and without charge to the person or persous legally
<br /> entitled thereto. Such person or persous shall pay all costs of recordatiou, if any.
<br /> 21. Substitute Trustee. Lei�der, at Lender's option, may from time to tiine 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 Cl�e Property, the successor trustee sliall succeed to all the title, power a�id duties
<br /> conferred upon tl�e Trustee lierein and by applicable law.
<br /> 22. Request for Notices. Borrower requests that copies of the notice of default aud notice of sale be sent to
<br /> Borrower's address wliich is the Property Address.
<br /> 23. Haz�rdous Substances. Borrower sliall nc�t cause or permit tlie presence, use, disposal, storage, or release of any
<br /> Hazardous Substances on or in tt�e Property. Borrower shall not do, nor allow anyone else to do, aiiytl�ing affecting the
<br /> Property tl�at is in violation of airy Eirviromtiental Law. The preceding two sentences shall not apply to the presence, use,
<br /> or stora�e ou tlie Property of small quantities of Hazardous Substauces that are generally recognized to be appropriate to
<br /> norinal residential uses and to maiutenance of the Property.
<br /> Borr<�wer sl�all promptly give Lender writteu n��tice <�f any investigati��n, clairn, demand, lawsuit or <�ther action by
<br /> any gover�imental ur regulatory agency or private party involvin� the Property and any Hazardous Substance or
<br /> Environmei�tal Law of whicl� Borrower has actual knowledge. If Borrower learns, or is uotified by any governmeutal or
<br /> regulatory autliority, that any removal or other remediation of any Hazardous Suhstance affecting the Property is
<br /> �iecessary, Burrower sl�all promptly take all necessary remedial actions ui acc<>rdance with Enviromnental Law.
<br /> As used in this paragraph 23, "Hazardous Suhstances" are tl�ose substauces defined as toxic or hazardous substances
<br /> by Environmental Law aud the following substances: gasoline, kerosene, other flammable or toxic petroleum products,
<br /> toxic pesticides and herbicides, volatile solvents, materials containing asbestos ar formaldehyde, and radioactive materials.
<br /> As used in tl�is paragrapl� 23, "Euvironmental Law" means federal laws and laws of the jurisdiction where tl�e Property is
<br /> located tl�at relate to health, safety or eirvironmental protection.
<br /> (Intentionally Left Blank)
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