|
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, BoROwer shall have the right to have
<br /> enforcement of this Security Instrument discontinued at any time prior to the earl'�er of: (a) 5 days (or such other period as applicable
<br /> law may s�ecify for reinstatement) before sale of the Property pursuant to any power of sale contained in this SecurRy Instrument; or
<br /> (b; entry of a judgment enforcing this Security Instrument. Those cond'Rions are that Borrowar: (a) pays Lender all sums which then
<br /> would be due under this Security Instrument and the Note as 'rf no acceleration had occurred; (b) cures any defauR of any other
<br /> covenant or agreements; (c) pays all expenses incurred in enforcing this Security instrument, including, but not limited to, reasonebie
<br /> attomeys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instn�ment, Lenders
<br /> rights in the Property and Bonower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon
<br /> reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as N no acceleration
<br /> had occurred. However, this right to reinstate shall not appy in the case of acceleration under paragraph 17.
<br /> 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
<br /> Instrument) may be sold one or more times wfthout prior not�e to Borrower. A sele may resuk in a change in the entity (known as the �
<br /> "Loan Seroicer") that collects monthy payments due under the Note and this Security Instrument. There also may be one or more �
<br /> changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written '
<br /> notice of the change in accordance with paragraph 14 above and applicable lew. The notice will state the name and address o} the
<br /> new Loan Servicer and the address to which payments should be made. The notice will also contain any other information requked by
<br /> applicable law. �
<br /> 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any �
<br /> Hazardous Substances on or k� the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that �
<br /> is in violation of any Envrconmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the �
<br /> Property of small quantities of Hazardous Substances that are generally r�ognized to be appropriate to normal residential uses and to �
<br /> maintenance of the Property. �
<br /> Borrower sha�l promptly give Lender written notice of any investigation, claim, demand, lewsuk or other action by any govemmental
<br /> or regulatory agency or pr'nrate party involving the Property and any Hazardous Substance or EnvMonmentat Law of wh�Ch Borrower has
<br /> actual knowledge. If Borrower leams, or is notRied by any govemmental or regulatory authority, that any removal or other remediation
<br /> of any Hazardous Substance affecting the Property Is necessary, Borrower shall promptly teke all necessary remedial act�ons in
<br /> accordance with Environmental Law.
<br /> As used in this paragraph 20, "Hazardous Substances" are those substances defined as tox� or hazardous substances by
<br /> Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pest�ides and
<br /> herbicides, volatile soNents, materials containing asbestos or formaldehyde, and redioactive materials. As used in this paragraph 20,
<br /> "Environmental Law" means federal laws and laws of the jurisd�tion where the Property is located that relate to health, safety or
<br /> environmental 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
<br /> Borrower's breach of any covenant or agreement in this Securlty Instrument (but not prior to
<br /> acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify:
<br /> (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the
<br /> date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure
<br /> the default on or before the date specified in the notice may result in acceleration of the sums
<br /> secured by this Security Instrument and sale of the Property. The notice shall further inform
<br /> Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the
<br /> non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is
<br /> not cured on or before the date specified in the notice, Lender at its option may require immediate
<br /> payment in full of all sums secured by this Security Instrument without further demand and may
<br /> invoke the power of sale and any other remedies permitted by applicable law. Lender shall be
<br /> entitied to collect all expenses 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
<br /> any part of the Property is located and shall mail copies of such notice in the manner prescribed by
<br /> applicabie law to Borrower and to the other persons prescribed by applicable law. After the time
<br /> required by applicable law, Trustee shall give public notice of sale to the persons and in the manner
<br /> prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public
<br /> auction to the highest bidder at the time and place and under the terms designated in the notice of
<br /> sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all
<br /> or any parcel of the Property by public announcement at the time and place of any previously
<br /> scheduled sale. Lender or its designee may purchase the Property at any sale.
<br /> Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed
<br /> conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth
<br /> of the statements made therein. Trustee shall apply the proceeds of the sale in the following order:
<br /> (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of
<br /> the Trustee's fees actually incurred, not to exceed 3 °�6 of the principal amount of the note
<br /> at the time of the declaration of default, and reasonable attorney's fees as permitted by law; (b) to all
<br /> sums secured by this Security InsVument; and (c) any excess to the person or persons legally
<br /> entitled to it.
<br /> 22. Reconveyance. Upon payment of all sums secured by this Securfty Instrument, Lender shall request Trustee to reconvey
<br /> the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee.
<br /> Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or
<br /> persons shall pay any recordation costs.
<br /> 23. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to
<br /> any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument fs recorded. Without
<br /> conveyance of the Property, successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by
<br /> applicable law.
<br /> 24. Request for Notices. Borrower requests that copies of the nottces of default and sale be sent to Borrowers address
<br /> which is the Property Address.
<br /> 25. Riders to this Security InsVument. If one or more riders are executed by Borrower and recorded together with
<br /> this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement
<br /> the covenants and agreements of this Security Instrument as 'rf the rider(s) were a part of this Security Instrument.
<br /> Form 3028 8/BO
<br /> F1029.LMo (10/97) Page 4 of 5
<br /> 703
<br />
|