Laserfiche WebLink
�. <br /> r 98— ��2898 <br /> Upon receipt of payment of the price bid,Trustee shall deliver to the purchaser Trustee's deed conveying <br /> the Property sold. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the <br /> statements made therein. Trustee ahall apply the proceeds of the sale in the following order: (a) to all <br /> reasonable costs and eapenses of the sale,including,but not limited to,l�ustee's fees actually incurred of not <br /> more than 96 of the grosa sale price,reasonable attorneys'fees and costs of title evidence; <br /> (b) to all sums secured by this Deed of Trust; and (c) the ezcess, if any, to the person or persons legally <br /> entitled thereto. <br /> 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this <br /> Deed of Trust due to Borrower's breach, Borrower shall have the right to have any proceedings begun by <br /> Lender to enforce this Deed of Trust discontinued at any time prior to the earlier to occur of(i) the fifth day <br /> before sale of the Property pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a <br /> judgment enforcing this Deed of Trust if (a) Borrower pays Lender all sums which would be then due under <br /> this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other <br /> covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable <br /> expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained <br /> in this Deed of Trust, and in enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof, <br /> including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may <br /> 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 ahall continue unimpaired. Upon such <br /> payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full <br /> force and effect as if no acceleration had occurred. <br /> 19. Assigament of Rents; Appointment of Receiver; Lender in Possession. As additional security <br /> hereunder,Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall,prior <br /> to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and <br /> retain such rents as they become due and payable. <br /> Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by <br /> agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the <br /> Property and to collect the rents of the Property including those past due. All rents collected by Lender or the <br /> receiver shall be applied first to payment of the costs of management of the Property and collection of rents, <br /> including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, <br /> and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only <br /> for those rents actually received. <br /> 20.Reconveyance.Upon payment of all sums secured by this Deed of Trust,Lender shall request Trustee <br /> to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured <br /> by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge <br /> to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if <br /> �y. <br /> 21. Substitute Trustee.Lender, at Lender's option, may from time to time remove Truatee and appoint <br /> a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which thia <br /> Deed of Trust is recorded. Without conveyance of the Property, the successor trustee ahall succeed to all the <br /> title, power and duties conferred upon the Trustee herein and by applicable law. <br /> 22. R,equest for Notices. Borrower requests that copies of the notice of default and notice of sale be sent <br /> to Borrower's address which is the Property Address. <br /> NEBRABHA SECOND MOBTGAGE-1/80-FNMA/FHI�[C MODIFIED INSTitU1[EEAiT go��� <br /> REF21438.PCL6/97 Psge b of 6 <br />' <br />