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. 99 1� �539 r
<br /> SAM NOLTE 202705 09/24/1999
<br /> � 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured hy this Deed of
<br /> Trust, due to Borrower's breach, Borrower shall have the right to have auy proceedings begun by Lender to enfarce this
<br /> Deed of Trust discontinued at a►iy time prior to the earlier to occur of (i) the fifth day hefore the sale of the Property
<br /> pursuant to the power of sale coiitained in tl�is 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 then due under this Deed of Trust and the Note had uo acceleration
<br /> occurred; (b) Borrower cures all breaches of auy otl�er covenants or agreements of Borrower contained in this Deed of
<br /> Trust; (c) Borrower pays all reasouabie expenses incurred by Lender and Trustee in enforcing the covenants and
<br /> agreements of Borrower contained in this Deed of Trust and in enforcing Le�ider's and Trustee's remedies as provided in
<br /> paragraph 17 hereof, including, but uot limited to, reasonable attorueys' fees; and (d) Borrower takes such action as
<br /> Lender may reasouably require to assure that the lien of this Deed of Trust, Leiider's interest in the Properry 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 aud the obligatious secured hereby shall remain in full force and effect as if no
<br /> acceleration l�ad occurred.
<br /> 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder,
<br /> Borrower hereby assi�ns t�� Lender the reuts of the Property, provided that Borrower shall, prior to acceleration under
<br /> paragraph 17 hereof c�r abandomnent of the Property, have the right to collect and retaiii such rents as they become due and
<br /> payable.
<br /> Uron acceleration uuder paragrapli 17 here��f or abandom�nent of the Property, Leuder, in persou, by agent or hy
<br /> judicially appointed receiver sliall be entitled to enter upon, take possession of aud manage the Property aud to collect tl�e
<br /> rents of tlie Property including diose past due. All rents collected by Leuder or the receiver shall be applied first to
<br /> payment of the costs of manageinent of the Property and collection of rents, including, but not limited to, receiver's fees,
<br /> prettiiums on receiver's bonds and reasonable attorueys' fees, aud then to the sums secured by this Deed of Trust. Lender
<br /> and the receiver sliall be liable to account oi�ly for those rents actually received.
<br /> 20. Reconveyance. Upon payment of all suuis secured by this Deed of Trust, Lender shall request Trustee to
<br /> recc>nvey the Property and shall surrender this Deed of Trust aud all notes evidencing indebtediiess secured by this Deed of
<br /> Trust to Trustee. Trustee shall recoirvey the Property without warranty and without charge to tlie persou or persons legally
<br /> entitled tl�ereto. Such person or persons shall pay all costs of recordation, if any.
<br /> 21. Si�bstitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor
<br /> trustee to any Trustee appoiuted hereunder by an iustrument recorded in the county in which diis Deed of Trust is
<br /> recorded. Witliout conveyance of tl�e Properry, the successor trustee sl�all succeed to all the title, power and duties
<br /> conferred upou the Trustee lierein and by applicable law.
<br /> 22. Request for Notices. Borrower reyuesCs that copies of die 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 /> Hazardc>us Substances on or iu the Property. Borrower sl�all not do, nor allow anyone else to do, anythi�ig affecting tlie
<br /> Property that is in violation of auy Enviroumental Law. Tl�e preceding two sentences shall not apply to the presence, use,
<br /> or storage ou the Prc�perty of small quantities of Hazardous Substanees that are generally recoguized to he appropriate to
<br /> normal residential uses and to maintenance of the Property.
<br /> Borrr.���er shall prc�triptly �ive Lender written notice of any ?nvestiaation, claim, demand, lawsuit or other action by
<br /> any governmental or regulatory agency or private party iirvolving the Property and any Hazardous Substa�ice or
<br /> Environmental Law of which Borrower has actual knowledge. If Borrower learus, or is notified by any goverumental or
<br /> regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is
<br /> uecessary, Borrower shall promptly take all necessary remedial actions iu accordance with Environtnental Law.
<br /> As used in tl�is paragraph 23, "Hazardous Substances" are tl�ose substances defiued as toxic or hazardous substances
<br /> by Environmental Law and tl�e following substances: gasoline, kerosene, other flammable or toxic petmleum products,
<br /> toxic pesticides atid herbicides, volatile solvents, materials co�itaining asbestos or formaldehyde, a�id radioactive materials.
<br /> As used in this paragraph 23, "Environmeutal Law° means federal laws and laws of the jurisdiction where tl�e Property is
<br /> located that relate to l�ealth, safety or environmental protection.
<br /> (Intentionally Left Blank)
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