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<br /> <br />\ <br /> <br /> <br /> <br />98-1<;8765 <br /> <br />17, Trilll.~rer of the Propert)' or a Benenciallnterest in Borrower. If all or any pan of t~e Propeny or any interes,t in it <br />is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower IS not a natural ~rson) without <br />Lender's prior wrillen consent. Lender may. at its Option. require immediate payment in full of all sums secured by this <br />Security Instrument. However. this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date <br />of this SecuritV Instrument. <br />If Len:ler exercises this option, Lender shall give Borrower notice of ~Ieration. The notice shall provide a period of n~t <br />less than 30 days from th~ date t~ P?J!F.'~. is, del~'ered o~ mailed \Vith!n ~..hich ~rrow7f must pay all s~ms secured by t~IS <br />Security Instrument. If awd f<tJJ.i;. ~p;tY. ih-.e'SUfnS. pnor to the eXPIr3Uo.. n of thIS penod, Lender may mvoke: any remedIes <br />permitted by this Securh I ~m\IjTthoUl fWlhunotice or demand ?n BoIT~~er. , <br />]8. Horrower's Rig ~. ddate.-fF-BomJwer meets eenam condItions. Borrower shall have Ihe nghl 10, have <br />enforcl.:ment of this SeC':\!my Instrument discontinued al any time prior to ,the ,earlier of: (a) 5 days (or such oth~r pe~lod ~ <br />applicable law may specify for reins.'atement) hefo": sale, of the .Propeny pursuant to any .~wer of sale contamed In th~s <br />Security Instrument: or (bl entry of a Judgment enforcmg thIS Secunty Instrument. Those condUlons ar& that Borrower: (a) pa~ s <br />Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) <br />cures an\" default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, <br />inc\udini!. but not limited to. reasonable attorneys' fees: and (d) takes such action as Lender may reasQnabl~' require' to assure <br />that the lien of this Securilv Instrument. Lender's rights in the Propeny and Borrower's obligation to {Jay the sums secured by <br />this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and 'the <br />obligations secured hereby shall remain fully effective as if no acceleration had occurred. Howeve~,: this right to reinstate shall <br />not apply in the case of acceleration under paragraph 17, <br />19. Sale of Note; Change of Loan Sef'\'icer. The Note or a panial interest in the Note (together with this Security <br />Instrument) may be sold one or more times without prior notice to Borrower. A sale lna)' result in a change in the entity (known <br />a:; the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one <br />or more changes of the Loan Sen'icer unrelated to a sale of the NOIe. If there is a change of the Loan,Sen'icer, Borrower will he <br />given wrillen notice of the change in accordance with paragraph 14 above and applicable law. The nntice will state the name and <br />address of the new Loan Servicer and the address to which payments should be made. The notice will alSfJ comain any other <br />infermation required by applicable law. <br />20. Hazardous Substances. Borrower shall not cause or 'permil the presence, use, disposal, slorage, or release of any <br />Hazardous Substances on or in the Propeny. Borrower shall not do, nor allow anyone else to do, anything affecting the <br />Property that is in '.'iolation of any Environmental Law, The preceding two sentences shall not ::/pply to the presence, use, or <br />;;wrage on the Propeny of small quantities of Hazardous Substances that are generally recogni7~ed to be appropriate to nonnal <br />residential uses and to maintenance of the Propen)'. <br />Borrower shall promptly give Lender written notice or any investigation, claim. demand. lawsuit or other a.:tion by any <br />governmental or regulatory agency or private pan)' involving the Propeny and any Hazardous Substance or Environmental La\\' <br />of which Borrower has actual knowledge" If Borrower learns. or is notified by any governmental or regulatory authorit)'. that <br />any removal or other remediation of any Hazardous Substance affecting the Property is necessary. Borrower shall pmmptly take <br />all necessary remedial actiom in accordance wi~h Em"ironmcntal Law, <br />As used in this paragraph :W, "H37..ardous 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 in <br />this paragraph 20. "Environmental Law. means federal Jaws and laws of the jurisdiction where the Propeny is located that <br />relate to health" safety or environmental protection, <br />NOl\~UNIFORM COVENANTS, Borrower and Lender further covenant and agree as (oHows: <br />21. Acceleration; Remedies. Lender shall give noti<< to Borrower prior to acceleration following Borrower's breach <br />of an~' covenant or agreement in thIs Securit)" Instrument (but not prior to acceleration under paragraph ]7 unless <br />applicable law pro,"ides otherwise). The notice shall specif}": (a) the default; (b) the action required to cure the default; <br />(el a date, not less than 30 days from the date the notice is gh'en to Borrower, b)' which the default must be cured; and <br />(d) that fallure to cure the default on or before the date s}w.Cified in the notice ma,' result In acceleration of the sums <br />securetl In this Securit}' Instrument and sale of the Property. The notice shall further Inform Borrower of the right to <br />reinstate after acceleration and the right to bring a court action to assert the non-existenee of a default or an," other <br />.. defense of Borrower to acceleration and sale. If the default is not cured on or before the ,date specified in the nolice, <br />Ll'nder, at its option, ma)" r~uire immediate payment In full of all sums secured b}" this Security Instrument without <br />further demand and ma)' I",'oke the power of sale and an)" other remedIes permitted h" applicable law. Lender shall he <br />entitled to collect all expenses incurred In pursuing the remedIes provided In this paragraph 21, Including, but not limited <br />to, reasonable attome\"s' fees and costs of title C\"ldence. <br />If the power of'sale Is Invoked, Trustee shall record a notice of default In each count'). in which any part of the <br />Property Is located and shall mail copies of sueh notice In the manner prescribed b)" applicable law to Borrower and to <br />the other persons prescrib~ b)" applicable la\\'. After the time required by applicable law, T~~ shall give public notice <br />of SIlle to the persons and In the manner prescribed by applicable law. Trustee. \\ithout demai;ld on Borrower, shall sell <br />the Propert}" at public auction to the highest bidder l1It the time and place and under the terms ~liSlgnated In the notice of <br />sale In one or more parcels and In an)' ord.er Trustee determines. Truo;tee may postpone sale of all or nn" parcel of the <br />Pro pert}' b~' public announcement at the time and place of an)' pre,"lousl)' scheduled sale. Lender or (ts designee mn <br />purchase the Property at an~' sale, . <br /> <br /><<0 .GRINEl <97'7,07 <br />" <br /> <br />P*OiI' 5 j7t fi <br /> <br />Form 3028 9/90 <br /> <br />t ~h'" <br /> <br />-"".. <br /> <br />~ <br />