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ALBFRT P BBNAIVDZ DIANNB L BFNAIVDZ 9041103 04/03/1998 <br /> 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of <br /> Trust, due to Bonower's breach, Bonower shall have the right to have auy proceedings begun by Lender to enforce this <br /> Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the Pmperty � <br /> pursuant�to the power of sale contained in this Deed of Trust or(ii)entry of a judgment enforcing this Deed of Trust if: (a) � <br /> &arrower pays Lender all sums which would be then due under this Deed of Tnist and the Note had no acceleration •`� <br /> occurred; (b) Borrower cures alt breaches of any other covenants or agreements of Bonower contained in ehis Deed of�r- ' <br /> Trust; (c) Bonower pays all reasonable expenses incuned by Lender and Trustee in enforcing the covenants andC" <br /> agreements of Bonower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as pmvided in� <br /> paragraph 17 hereof, including, but not limited to, reasonable attomeys' fees; and (d) Borrower takes such action asF"�' <br /> Lender may 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 shall continue unimpaired. Upon such payment and� <br /> cure by Bonower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no <br /> acceleration had occuned. <br /> 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, <br /> Borrower hereby assigns to Lender the rents of the Pmperty, provided that Borrower shall, prior to acceleration under <br /> paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and <br /> payable. <br /> Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lencler, in persvn, by agent or by <br /> judicially appointed receiver shall be entitleci to enter upon, take possession of and manage the Property and to collect the <br /> reats of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to <br /> payment of the costs of management of the Pmperty and collection of rents, including. but not limited to, receiver's fees, <br /> premiuros on receiver's bonds and reasonable attorneys' fees, and d�en to the sums secured by this Deed of Trust. Lender <br /> and the receiver shall be liable to account only for those rents actually rec:eived. . <br /> 20. Reconveyance. Upon payment of atl sums secured by this Deed of Trust, Lender shall request Trustee to <br /> reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of <br /> Trast to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally <br /> entitled thereto. Such person or persons shall pay all costs of recordation. if any. <br /> 21. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor <br /> trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Deed of Trust is <br /> recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties <br /> conferred upon the Trustee herein and by applicable law. <br /> 22. Request for Notices. Borrower requests tl�at copies of the notice of default and notice of sale be sent to <br /> Bonower's address which is the Property Address. <br /> 23. Hazardous Substances. Borrower shall not cause or permit tl�e presence, use. disposal, storage. or release of any <br /> Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the <br /> Property that is in violation of any Environmentai I.aw. The preceding two sentences shall not apply to the presence, use, <br /> or storage on the Property of small quantities of Hazardous Substances tl�at are generally recognized to be appropriate to <br /> normal residential uses and to maintenance of tlie Property. <br /> Bonower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by <br /> any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br /> Environmental Law of which Bonower has actual knowiedge. If Borrower learns, or is notified by any governmental or <br /> regulatory authority, that any removal or other remediation of any Ha�ardous Substance affecting the Property is <br /> necessary, Borrower shall prompdy take all necessary remedial actions in accordance with Environmental Law. <br /> As used in this paragraph 23, "Hazardous Substances" are those substances defined as toxic or hazardous substances <br /> by Environmental Law and the following substances: gasoline, kerosene, other flamn�able or toxic petroleum products, <br /> toaic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. <br /> As used in this paragraph 23, "Environmental Law" means federal laws and laws of the jurisdiction where the Pmperty is <br /> located that relate to health, safety or environmental protection. <br /> (Intentionally Left Blank) <br />