201008143 - Laserfiche WebLink

Browse

2�10�8143 by any governmental or regulatory authority, or any privatc: party, that any removal or other remediatian of any Hazardous Substance affecting the Property is n�cessary, Borrower shall promptly take all nc:cessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an �nvironmental Cleanup. NON-UNIPORM CUV'ENANTS. Borrower and Lender further covenant and agree as follows: 22. Accelerution; Remedies. Lender shall give natice to Borrower prior to acceleration follawing Borrower's breach of any covenant ar agreement in this Security Instrument (but not prlor to acceleration under Section 1$ unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 3U days from the date the notice is given ta Borrower, by which the default must be cured; and (d) that failure to cure the default nn or before the date speci�ed in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after s�cceleration and the right to bring a court aGtion to assert the non-�existence of a default or any other defense of Borrower to acceleration �nd sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section ZZ, including, but not limited to, reasonable attorneys' fees and costs of title evidence. if the power of sale is invoked, Trustee shall record a natice af default in each county in which any part of the Property is located and shall mail copies af such notice in the manner prescribed by Applicable Law to Barrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public notice of sale ta the persons and in the rnanner prescribed by Applicable Law. Trustee, without demand on Borrawer, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or mare parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place af any previously scheduled sale. Lender or its designee may purchase the Froperty at any sale. i7pon receipt of payment of the price bid, Trustee shall deliver ta the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence af the truth of the statements made therein. Trustee shall apply the praceeds of the sale in the following order: (a) to all eosts and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable I.aw; (b) to all sums secured by this Seeurity Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Reeonveyance. Upon payment of all sums secured by this S�curity Instrument, Lender shall request Trustee to rccanvey the Property and shall surrender this Sec:urity Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Truste� shall reconvey the Property without warranty to thc pursan ar persons legally entitled to it. Such person ar persans shall pay any recordation costs. Lender may charge such person or persons a fee for reconveyin� the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicahle Law. 24. Substitute Trustee. Lender, at its option, may from time ta time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Prpperty, the successor trustee shall succeed to all the title, power and duties canferred upon Trustc�: herein and by Applicable Law. lS. Request for Notices. Barrawer requests that copies of the notice of default and sdle bc sent to Borrower's address which is the Property Address. �-6(N�) �oap��.o2 � ia:� P�e 13 of 15 � � t 1111056077 Form 3028 1/01