Laserfiche WebLink
��DE H-WILKINS V 9• �Vw`�� � ' 9050302 08/19/1999 <br /> 18. Borrower's Right to Reinstate. Notwithstanding Lender's accelaration of the sums secured hy this Deed of <br /> • Trust, due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Leuder to enforce this <br /> Deed of Trust discontinued at any time prior to the earlier to occur of (i) the tifth day before the sale of the Property <br /> pursuaut to the power of sale contained in this Deed of Trust or(ii)entry of a judgment enforcing tl�is 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 airy other ccrvenants or agreements of Borrower contained in this Deed of <br /> Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee iu euforcing 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, Leuder's interest in the Property and <br /> Borrower's obli�ation ta pay the sums secured by this Deed of Trust shall continue uuimpaired. 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 /> acceleratiou had occurred. <br /> 19. Assignment of Rents; Ap�ointment of Receiver; Lender in Possession. As additional security hereunder, <br /> Borrower hereby assigvs to Lender the reuts of the Property, provided that Borrower shall, priar to acceleration under <br /> paragraph 17 hereof or abandotunent of the Property, have the right to collect and retain such rents as they become due and <br /> payable. <br /> Upon acceleration under para�raph 17 hereof or abandonment of the Property, Lender, in person, by agent or by <br /> judicially appointed receiver sliall he eiititled to enter upon, take possession c�f and mana�e the Property and to collect the <br /> rents of tlie Properry including those past due. All rents collected by Lender or the receiver sliall 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 reasouable attorneys' fees, and then to the sums secured by this Deed of Trust. Lender <br /> and the receiver shall be liable to account oYily for those rents actually received. <br /> 20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Leuder 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 /> eutitled thereto. Such person or persons shall pay all costs of recordation, if any. <br /> 21. Substitute Trttstee. Lender, at Lender's option, may from time to time remove Trustee and appoiut a successor <br /> trustee to any Trustee appointed hereunder by an instrument recorded in the couuty 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. Hazarclous Siabstances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any <br /> Hazardous Substai�ces 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 uot apply to the presence, use, <br /> or storage ou the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to <br /> normal residential uses and to maiutenance of the Property. <br /> Bonower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by <br /> any goveruinental or re�ulatory agency or private party iirvolving the Properry and any Hazardous Substance or <br /> Environmeutal Law of wi�ich Borrower has actual knowledge. If Borrower learns, ar is notitied by any goveriunental or <br /> re�ulatory authority, that 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 Enviromnental 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 para�raph 23, "Enviroiunental 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 />