Laserfiche WebLink
18. Borrower's Right to Reinstate. Ii Borcower meets certain conditions, Borrower shall heve the right to have <br /> enforcement of ihis Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other perlod ea appl(ceble <br /> law may specKy for reinstatement) before sale of the Propery pursuant to any power of sale contafned In this Security Instrument; or <br /> (b) et�try of a Judgment enforcing this Security Instrument. Those condftions are that Borrower. (e) pays Lender all sums which then� <br /> would be due under this Security Instrument and the Note as H no acceleration had occurred; (b) cures any defeult of eny other � <br /> covenant or agreements; (c) pays ell expenses incurred in eniorcing this Security Instrument, including, but not Iimfted to, reasoneble <br /> attomeys' fees; end (d) takes such ection as L�der may reasonably require to assure thet the lien of this Security Instrument, Lender's� <br /> �ights In the Property and Borrower's obligetion to pay the aums secured by this Security Instrument shell continue unchanged. Upon � <br /> reinstatement by Borrower, this Security Instrument and the obligatlons secured hereby shall remaln fully effect(ve as ii no acceleraUon� <br /> had occurred. However, this right to relnstate shall not epply In the cese of acceleration under paragreph 17. � <br /> 19. Sale Of Note; Change of Loan Servicer. The Note or a part(al Interest in the Note (together with this Security <br /> Instrument) may be sold one or more times wRhout prior notice to Borrower. A sale may result in a change In the entity (known aa the� <br /> "Loan Servicer') that collects monthly 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 e chenge oi the Loan Servicer, Borrower will be gNen w�itten <br /> notice of the change In accordance wfth paragraph 14 above and appliceble law. The notice wlll atete the neme a�d address of the <br /> new Loan Servicer and the address to which paymenta should be mede. The noUce will also contaln any other infortnation required by <br /> epplicable law. <br /> 20. Hazardous SubstanCes. Borrower shall not cause or permft the presence, use, disposal, storage, or release of any <br /> Hazardous Substances on or fn the Properry. Borrower shall not do, nor allow anyone else to do, anything ai(ecting the Prope�ty that <br /> is in vtolaUon of any Envlronmental Law. The preceding two sentences shall not epply to the presence, use, or storage on the <br /> Property of amell quanttties oi Hazerdous Substances thet are generally recognized to be appropriate to normal residentla) usea and to <br /> mahitenance of the Property. <br /> Borrower shall promptly give Lender written notice ot any Investigetion, clalm, demand, lewsuft or other action by eny govemmental <br /> or regulatory agency or privete perty Involving the Property end eny Hezardoue Substance or Environmental Lew of which Borrower haa <br /> actual knowledge. li Borrower leams, or Is notifled by sny govemmental o� regulatory authority, that eny removal or other remedleNon <br /> of any Hazardous 3ubstence effecting the Properry is neceaaery, Borrower ahall promptly take all necasasry remedlsl acbona In <br /> accordence with Environmentel Law. <br /> Aa used in this paragreph 20, `Hazardous Substances" are those substances deflned as toxic or hezerdoua aubatancea by <br /> Environmentel Law and the following substances: gasoline, kerosene, other flemmable or toxic petroleum products, toxic pesticides and <br /> he►bicides, volat(le solvents, materials contalning asbestos or formaldehyde, and redloactive materials. As used In this paragreph 20, <br /> "Environmental Law" means federal lews and laws of the jurisdlcUon where the Property Is located that relate to health, saTety or <br /> environmental protection. , <br /> NON-UNIFORM COVENANTS. Borrower end Lender further covenant end agree as tollows: <br /> 21. Acceleration; Rernedies. Lender shall give notice to Borrower prior to acceleration following <br /> Borrower's breach of any covenant or agreement in this Security 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 requlred 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 rnust be cured; and (d) that failure to cure <br /> the default on or before the date specifled 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 immedtate <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 /> entitled to collect ail 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 whtch <br /> any part of the Property is located and shall mail copies of such notice in the manner prescribed by <br /> applicable Iaw to Borrower and to the other persons prescribed by applicable law. After the time <br /> required by appiicable 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 piace and under the terms designated tn the notice of <br /> sale in one or more parcels and in any order Trustee determtnes. Trustee may postpone sale of all <br /> or any parcel of the Property by pubitc announcement at the time and place of any prevtously <br /> scheduled sale. Lender or its designee may purchase the Property at any sale. <br /> Upon �eceipt of payment of the price btd, 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 the�ein. Trustee shall apply the proceeds of the sale in the following order: <br /> (a) to all costs and expenses of exercistng the power of sale, and the sale, tncluding the payment of <br /> the Trustee's fees actually incurred, not to exceed 109'0 % of the princtpal 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 Instrument; and (c) any excess to the person or persons legaily <br /> entitled to it. <br /> 22. R6C011veyenCe. Upon payment of all sums secured by this Securiry Instrument, Lender shell �equest Trustee to reconvey <br /> the Property and shall suRender this Security Instrument and all notes evidencfng debt secured by this Secu�ity Instrument to Trustee. <br /> Trustee shall reconvey the Property wRhout warranty and without charge to the perso� or persons legaily entitled to it. Such person or <br /> persons shatl pay any recordatlon 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 is recorded. Without <br /> conveyance of the Property, successor trustee ahall succeed to all the tkle, power and duUes conferred upon Ttustee hereln and by <br /> applicable law. <br /> 24. Request for Notices. BoROwer requests that copies of the notices of default and sale be sent to BoROwer's address <br /> which Is the Property Address. <br /> 25. Riders to thts SeCUrity Instrument. If one or more riders are executed by BoROwer end recorded together wfth <br /> thia Security Inatrument, the covenants and agreements of each such rider shell be incorporeted into and shall amend and suppiement <br /> the covenants and agreements of this Security Instrument es ff the rider(s) were a part of thts Security Instrument. <br /> F1029.LM0 (10/9� Form 3028 9/90 <br /> Page4of5 <br />