. •
<br /> natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all
<br /> sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by
<br /> federal law as of the date of this Security Instrument.
<br /> If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of
<br /> not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay a11 sums secured by this
<br /> Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any
<br /> remedies pernutted by this Security Instrument without further notice or demand on Borrower.
<br /> 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
<br /> enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as
<br /> applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this
<br /> Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a)
<br /> pays Lender a11 sums which then would be due under this Security Instrument and the Note as if no acceleration had occuned;
<br /> (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security �
<br /> Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably �
<br /> require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the �
<br /> sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument �
<br /> and the obligations secured hereby shall remain fully effective as if no acceleration had occuned. However, this right to �
<br /> reinstate shall not apply 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 without prior notice to Borrower. A sale may result in a change in the entity Q
<br /> (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also �
<br /> may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,
<br /> Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice
<br /> will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will
<br /> also contain any other information required by 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 in the Property. Borrower shall not do, nor a11ow anyone else to do, anything affecting the
<br /> Property that is in violation of any Environmental L.aw. The preceding two sentences sha11 not apply to the presence, use, or
<br /> storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
<br /> residential uses and to maintenance of the Property.
<br /> Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
<br /> governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental
<br /> Law of which Bonower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority,
<br /> that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall
<br /> promptly take all necessary remedial actions in accordance with Environmental L.aw.
<br /> As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by
<br /> Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
<br /> pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used
<br /> in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
<br /> relate to health, safety or 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 Borrower's
<br /> breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17
<br /> unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the
<br /> default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be
<br /> cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of
<br /> the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the
<br /> right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any
<br /> other defense of Borrower to acceleration and sale. If the default is not cured on or before the date speci�ed in the
<br /> notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument
<br /> without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender
<br /> shall be entitled to collect all expenses incurred in pursuing the remedies provided in this par�graph 21, including, but
<br /> 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 any part of the
<br /> Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to
<br /> the other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public
<br /> notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower,
<br /> shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in
<br /> the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any
<br /> parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its
<br /> 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 conveying the
<br /> Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein.
<br /> Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and eacpenses of exercising the power
<br /> of sale, and the sale, including the payment of the Trustee's fees actually incurred, not to exceed % of the
<br /> principal amount of the note at the time of the declaration of default, and reasonable attorneys' fees as permitted by
<br /> law; (b)to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it.
<br /> 22. Reconveyance. Upon payment of all sums secured by this Security Instnunent, Lender shall request Trustee to
<br /> reconvey the Property and sha11 sunender this Security Instrument and all notes evidencing debt secured by this Security
<br /> Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons
<br /> legally entitled to it. Such person or 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 is recorded.
<br /> Without conveyance of the Property, the successor trustee shall succeed to a11 the title, power and duties conferred upon
<br /> Trustee herein and by applicable law.
<br /> 24. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address
<br /> which is the Property Address.
<br /> 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with
<br /> this Security Instnunent, the covenants and agreements of each such rider shall be incorporated into and shall amend and
<br /> 1vEBRt�ISKA-Single Family Page 4 of 5 Form 3028 9-90
<br />
|