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JAMES M�BERGER SHARON A $ . =. �. ~., • <br /> ' t 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 priar to the 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 /> 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 covenants or agreements of Borrower coutained in this Deed of <br /> Trust; (c) Borrower pays all reasouable expeuses incurred by Leuder and Trustee in euforciug the covenauts and <br /> agreemeuts 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 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 sliall remain in full force and effect as if uo <br /> acceleration had occuned. <br /> 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, <br /> Bonower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under <br /> paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due <br /> payable. - <br /> ,'^4 ��` .... . ... <br /> Upon acceleratiou under paragraph 17 hereof or abandonment of the Property, , n, y agen or y <br /> judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the <br /> rents of tl�e Property including those past due. All rents collected by Lender or the receiver shall be applied first to <br /> paymeut of die cosCs of management of the Property and collection of reuts, including, but not limited to, receiver's fees, <br /> premiums on receiver's bonds aud reasouable attorneys' fees, aud then to the sums secured by this Deed of Trust. Lender <br /> and the receiver shall be liable to account oiily for those rents actually received. � ' <br /> t : <br /> 20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to E,r;: <br /> reconvey the Properry aud shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of �" <br /> Trust to Trustee. Trustee shall reconvey the Properry without warrauty and without charge to Cbe person or persons legally � <br /> entitled thereto. Such persc�n 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 appoiuted 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 /> couferred 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 /> Barrower's address which is tl�e Pmperty Address. <br /> 23. Hazardous Substances. Borrower shall not cause or permit die presence, use, disposal, storage, or release of any <br /> Hazardous Substances on or in the Property. Borrower shall not do, nar 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 storage on the Property of small quantities 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 �ive Lender written notice of any investigation, ciaim, demand, lawsuit or other action by <br /> arry goverumeutal or regulaCory agency or private party involving the Property aud a�ry Hazardous Substauce or <br /> Evviroiuneutal Law of wl�ich Borrower lias actual knowledge. If Borrower learns, or is notified by any governmental 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 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. i <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 /> (Intentionally Left Blank) <br /> Nrhr�clra�FR7F_d 1roR nrirTinal (Raenrr9aA1 Cnr�v[Hranehl Cc�r�v(Customer) PaQe4of5 <br />