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DEAN A BIERHAUS PATRICIA D 6 1 551 09/20/1999 <br /> , 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of <br /> •Trust, due to Bonower'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 tlie 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 /> Bonow�er pays Lender all sums which would be then due under this Deed of Trust and the Note haKi no acceleration <br /> occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower containe� 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 /> paragmph 17 hereof or abau�dc�t►�nent of the Property,have the right to collect and retain such rents as they become due and <br /> payable. <br /> � Upou accelPration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by : <br /> judicially appoir.ted receiver sliall be entitled to enter upoii, 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 attor�ys' 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. Reoonveyance. 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 l�erein 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. Bonower 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 sWrage on the P.roperty of small quantities of Hazardous Substances that are generally recognized to be a7propriate to <br /> norn;al �esidentia� uses �:�d to:nafi:�tenance c�f t1-e Propert�. : <br /> RCIi'OWeI :.21L 75�.:7F3.:y b:J� Lender a�ri[tetr iAi1C� u�i liiy i►iv":Sti$atiOII, C181i1:, ��III�;�, :arvs:�ic ur oEiier actioia�y : <br /> any gvvernmental 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 govemmental or <br /> regulatory suthority, that any removal or other remediation of any Hazardous Substance affecting the Property is : <br /> necessary, Bonower shall promptly take all necessary remedial actions in accordance with Environmentai 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 /> (Intendonally Left Blank) : <br /> � <br /> � <br /> ! � <br />