Laserfiche WebLink
<br /> <br /> <br /> <br /> <br /> <br /> 94-10471.0 <br /> any power of sale contained in this <br /> applicat~l~_ I;iw may sp.:cify for reinst.'atenrent) bei'om sale of , c E'mpc:1y pursuant to <br /> Sec=urity Instrurraent; or (b) entry of a judgment a .f ircing ehis Saurity instrument. Those conditions are that Borrower: (a) <br /> pays Lender ail sums which then would by deer, under this Security Instram Fnt and the Note as if no acceleration had <br /> incurred; (b) cures tiny c!efai,lt of any other covenants or agreements; (c) pays ail expenses incurred in enforcing this Security <br /> Instrument, inciu4iing, but not 1;cuStrcl to, reasonable attorneys' fees; and (d) mkcs such action as Lender may rrasonak; y <br /> require to assure that the lien of this Security Instrument, Lenders rights in the Property and Borrower's obligation to pay Gic <br /> sun=s secured by this Security instrument sleali ::ontint •r, unchanged. Upon ;-einstatement by Borrower, this Sccurt5y <br /> Instrument and the ob..gations secured h.entby shall remain fully effective as itm, zcceietation had occurred,. However, tb.is <br /> right to reinstate shall not apply in die case of acceleration umder paragraph 17. <br /> 19. Sa)e or Note; Change of Loan Servicer: The Notts or a partial interest in the. Mote (together with this Security <br /> Instruument) ntry be sold one or more Mmes w4hout prior notice to Borrower. A sale may result in a change in the entity <br /> (known as the "Loan Servi.er") that collects monthly payments due under t:te Note and this Security Instrument. There also <br /> may be one or more c:hangss of the Loan Servi..,cer unrelated to a sale of the Note. If there is a charge of the Loan Servicer, <br /> Borrower will be given w0tten notice of the chwige its accordance with paragraph 14 above and applicable taw. 'flue notice <br /> will state the name s.nd address of the new Loan Servicer and the axldress to which payments shou'd be made. The notice will <br /> also contain an,y other information require by applicable law. <br /> :0. Hazardous Substances. Borrower shall not cause or permit the presence, use, dispo-al, storage, or r_leasr: of arry <br /> Ha7lydo,as Substances on or in the Propeity. Borrower shall not do, nor allow anyone else: to dal. anything afTecting the <br /> Prop: rtj that is in violation of any Environmental Law, The preceding two sentences shall nct apply to the prr-serce, use, or <br /> story. ge on the Property of small quantities of Hww&us,Svbstanccs that are generally v"cognize:l to be aprropritrte to normal <br /> resi-deoti<<l uses and to maintenance of the Property. <br /> BaTrower shall promptly give Lend:x written notice of any investigation, c% i m, demand, lawsuit or other action by any <br /> govcn,.mental or regulatory ag entry or p. vale party invok ing the Property and any Hazardous :Substance cr Environmental <br /> Law ;f which Borrower has actual knowledge. If 5orrower learns, or is notified by any goverrimenta,l er regulatory <br /> amlicrity, that any removal or other remecdiation of any Hazardous Substance affecting the Property is necessary. Borrower <br /> shall promptly take all necessary re.r,edial a=ctions in accn,,-dance w4h Environmental L?w. <br /> As used in this paragraph 20, ""liaa ardous Substances" are those substances defined as toxic or hazardous substances by <br /> :nvirrar,mental Law and 'the following substances: g;a.soline, kerosene, other flammable or toxic petroleum pmdu.cts, toxic <br /> pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive mate•rial%. As <br /> used sir this paragraph '10, "Environmental Lave" means federal laws and laws of the jurisdiction where the Property is located <br /> that relate to health, safety or environmenta; protection. <br /> NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br /> 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following, Borrm-er's <br /> breach of any covenant yr agreement in this Security Instrument (but not prior to acceleration :ender paragraph 17 <br /> unless applicable law provides otherwise), The notice shall specify: (a) the default; (b) the action required tr:t cure lire <br /> default; (c) a date, nG: les=t than N1 days from the date- the notice Is given to Borrower, by which the default must by <br /> cured; and (d) that failure to cum! teac defitult on or before the date specified in the notice may result in acceleration of <br /> the sums secured by this fiia.i,,arlty Instrument and sale of the Property. The notice shall further inform narrrower of <br /> the right to reinstate after a(:celerat€on and the right to bring a court action to assert the non•existenre of a default or <br /> any other defense of Borr•ov er to ncotlerw.ion and sale. If the default is not cured on or i)efore the date specified in <br /> the notice, Lender at its opti,;an may mjuire hurnedlate payment in full of all sums secured by this Security Ins; rurnerrt <br /> without further demand and may irvoZke the power of sale and any other remedies permitted by arppliWv. <br /> Lender shall be entitled to collect ::ill eye enses Incurred in pursuing the remedies provided in this paragraph 21, <br /> including, but not limited to, reasonable attorneys' fees and costs of title evidence. <br /> If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part ro! tie <br /> i p,~erty is located and shall mail cr►pies of sash notice in the manner prescribed by applicable law to Borrower and to <br /> the otheu- ociNons prescribed by applicable law. After the time required by applicable law, Trustee shall give public <br /> pF notice of stale to the persons and in the manner prescribed by applicabe Saw. Trustee, without demand on Borrower, <br /> shall sQgl the Property at public auction to the highest bidder at the time irnd place and under the terms designated in <br /> the notice of sale in one or more parcels and in any order Trustee determim t5_ *ustee may postpone sale of all or any <br /> phucel of the Property by public announcement at the time and place of .,ny previously scheduled sale. Lender or its <br /> designee may purchase the Property at any sale. <br /> Upon rea~eipt of payment or the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br /> Property. The recitals in the Trustee's deed shall be prima facie evidence or the truth of the statements made therein. <br /> Trustee shtzlli s=upply the procee;"- of the sale in the following order: (a) to all costs and expenses of exercising the pourer <br />