99 �i�9�►4fl
<br /> SAM NJLTE 9050567 09/24/1999
<br /> 18. Borrower's Right to Reinstate. Notwithstauding Lender's acceleration of the sums secured by this Deed of
<br /> Trust, due to Borrower's breacl�, Borrower sliall have the right to have any proceedings begun by Leuder tc� enforce this
<br /> Deed of Trust discontinued at any tiine prior to the earlier to occur of (i) the 6fth day before the sale of the Property
<br /> pursuant to the power of sale co�itained in this Deed of Trust ar(ii)entry of a judgment enfarcing 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 no acceleration
<br /> occurred; (b) Borrower cures all breaches of any other caveuants or agreements of Borrower contained 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 uot limited to, reasonable attorneys' fees; and (d) Borrower takes such action as
<br /> Lender inay reasonably require to assure tliat the lien of this Deed of Trust, Lender's interest in tlie Property and
<br /> Borrower's obligation to pay the sums secured by this Deed of Trust shall contiuue unimpaired. Upon such payment and
<br /> cure by Borrower, this Deed of Trust and Che obligatio��s secured hereby shall remain in full force aud effect as if no
<br /> acceleration had occurred.
<br /> 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder,
<br /> Bc�rrower hereby assigns to Lender tlie reuts of tlie Property, provided that Borrower shall, prior to acceleration under
<br /> paragrapl� 17 hereof or abandoimient of tl�e Property, have the right to collect and retain such rents as they become due and
<br /> �ayable.
<br /> Upon acceleration under paragrapl� 17 l�ereof or abandonment of the Property, Lender, in person, by agent or by
<br /> judicially appointed receiver shall be entitled to enter upon, take possessiou of and manage the Property and to collect the
<br /> rents of tlie Property including tl�ose past due. All rents collected hy Lender or the receiver shall be applied first to
<br /> payment of tl�e costs of inanagement of the Property and collection of rents, including, but not limited to, receiver's fees,
<br /> premiums ou receiver's bonds and reasonable attorueys' fees, and then to the sums secured by this Deed of Trust. Lender
<br /> aud the receiver shall be liable to account o�ily for those 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 and shall surrender this Deed of Trust and all notes evideucing indebtedness secured by this Deed of
<br /> Trust to Trustee. Trustee shall reconvey the Property witl�out warranty and without charge to the person or persons legally
<br /> eiititled thereto. Sucli 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 l�ereunder by an instrument recorded in tl�e counry in which this Deed of Trust is
<br /> recorded. Without coirveyance 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 uotice of sale be sent to
<br /> Borrower's address whicl� is the Property Address.
<br /> 23. Hazardotts Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
<br /> Hazardc�us Substances ou or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the
<br /> Property tl�at is i�i violation of any Envirownental Law. The preceding two sentences shall not apply to the presence, use,
<br /> or storage on the Property of small yuantities of Hazardous Substances that are generally recognized to be appropriate to
<br /> normal residential uses and to maintenance of the Property.
<br /> Borrower shall promptly give Lender written �iotice of any investigation, claim, demand, lawsuit or other action by
<br /> any bover�unental or reaulatory agency or private party involving the Property aud auy Hazardous Substauce or
<br /> Environmental Law of which Borrower has actual kuowledge. If Borrower learns, or is notified by any goveriunental or
<br /> regulatory authority, that any removal or other remediation of any Hazardous Substance affecting 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 detined as toxic or hazardous substances
<br /> by Enviroimiental Law and the followiug substances: gasoline, kerosene, other flammable or toxic petroleum products,
<br /> toxic pesticides aud herbicides, volatile solveuts, materials containing asbestos or formaldehyde, and radioactive inaterials.
<br /> As used in diis paragraph 23, "Eiiviromnental Law" meaus federal laws and laws of the jurisdiction where die Pmperty is
<br /> located that relate to health, safety or enviromnental protection.
<br /> (Intentionally Left Blank)
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