200710149 - Laserfiche WebLink

Browse

20071014' by any governmental or regulatory authority. or any private; party. thaI my removal OJ: other remediation of any Hazm;-dous Substan~ affectj);l,g the Propeny is necessary, Borrower sball promptly take all necessary remedial actions in accordance with Environmeni~ Law. Nothing herein shall create any obligation on Lender for an Enviromn.ental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows; 22. Acceleration; l{emedies. Lender shall give notice to Borrower prior to acceleoltion following '.Borrower's breach of any cO'\lenant or agrEement in this Set't'Jri.ty lnstrument (but not prior to acceleration under Section 18 unless Applicable Law providB'i> otherwise). The notice sWill specify: (a) the default; (b) the action reqw);1!(l to CW'e the default; (c) a date, not less than 30 days from the date the notice is giveu to Borrower, by wbich the default must be cured; and (d) that failure to cure the default on or before Ule date specified in the notice way rfSUlt in aceeleration of the SJ.m:l$ secured by this Seeurity Instrument and sale of the Property. The notice shall further inform Borrower Of the right to reinstate after 8l:Celeration and the right to bring a cuu:r:t adio:o to asoort the non~mstence of a default ur any other defense of l!;orrower to acceleration a-nd sale. It tbe default is not cured on or before tbe date specified in the notice, Lender at its option may require immediate payment in full Of all 6UIll5 $t;Jcw;'ed by this Security Inst:r:-nment without further demand and may invoke the power of sale and any oth~ remedies permitted by A~plicable l..aw. Lender shall be entitled to tollect all ex~st'$ incurred in pursuing the remedies provided in this Section ZZ, including, but not limited to, reasonable atto:rneys' fees and costs of title evidenoo. If the power or sale is invoked, Trostee shall record a notice of default in each tounty in which any part or the Property is located and shall mail (:opit$ of sucb notice in the manne;r pJ;e$cribed by A.pplita;ble Law to Borrower and to- the other persons prescribed by Applicable Law. After the time requix-ed by Applicable Law, Trustee .shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, slWl s"U the Property at public auction to the highest bidder at the time and pla.ce and under the terms deslgnated in the notice ot sale in one or more parcels and in any order Trustee determines. Trustee may po$tpone sale of all or any parcel of the Property by public anDouncement at tbt; tfu),e and place of any previQ~ly scheduled sale. Lender or its designee may pl.U"'Cba.se the Property at any sale. Upon receipt of vayment of the price bid, Trustee shall dellvex- to tbe purchaser Trustee's d~d tOQveying the Property. The recit<1l$ b;~ the Trustee's deed shall be priltl.<t fade e.'Vidence of the truth of the statemeots made tberein. Trustee shall apply the proceeds of the sale in the followjng order: (a) to all costs and expenses of:" exercising the- power of sale, and the sale, including the payment of the l'rustees fees actually mtVITIXl and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security lnstrwnent; and (c) any excess tl> tbe person or persons legally entitled to it. 23. RetQPv~~ce. Upon payment of aU sumS secured by this Security Instrument. tender shall request Trustee to reconvey me Propeny and shall surrender this Security Instrument and all notes. evidenc~ng debI secured by this Secutity I~strument to Trustee. Trustee sh211 reconvey the Propeny without warranty to me person or persons legally eIititled to it. Such person Or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveyjng the :Property, but only if the fee ~s paid to a third party (SUCh as the Trnstee) for services rendered and me charging of the fee is permitted under Applical;lle Law. 24. Substitute ~tee. Lender, at its option, may from time to time remove Trustee :wd appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in WIDen this Security Instrument is recorded. Without conveYill1ce of me Property. the S"Q.cc:essor rrustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Req1,lest for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address which is the Property Address. ~ -6(NE) 1000$1 .~(!} FOQ" 1:3 of 1 S. Initi~I$:c.J ~~.)V Form 302B 1{Ol