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- 2000006 �4 <br /> 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or <br /> by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to <br /> the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given <br /> by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any <br /> notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given <br /> as provided in this paragraph. <br /> 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the <br /> jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the <br /> Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note <br /> which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and <br /> the Note are declared to be severable. <br /> 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br /> 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any <br /> interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower �s not a <br /> natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of <br /> all sums secured by this Security Instrument However, this option shall not be exercised by Lender if exercise is <br /> prohibited by 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 <br /> period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums <br /> secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender <br /> may invoke any remedies permitted 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 <br /> as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in <br /> this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that <br /> Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no <br /> acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in <br /> enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as <br /> Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and <br /> Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement <br /> by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration <br /> had occurred. However, this right to 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 <br /> Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change <br /> in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Secunty <br /> Instrument. T'here also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is <br /> a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above <br /> and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which <br /> payments should be made. The notice will 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 <br /> of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything <br /> affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the <br /> presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recogivzed to <br /> be appropriate to normal 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 <br /> by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br /> Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or <br /> regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is <br /> necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. <br /> As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous <br /> �ubstances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toaric petroleum <br /> products, toxic pesticides and herbicides, volatile solvents, materiaLs containing asbestos or formaldehyde, and radioactive <br /> materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the�ur�sdiction where the <br /> Property is located that relate to health, safety or environmental protection. <br /> Norr-UxiFoxM CovErrArrr�s. 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 <br /> 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to <br /> cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the <br /> default must be cured; and (d) that failure to cure the default on or before the date specified in the notice will <br /> result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall <br /> further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert <br /> the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured <br /> on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums <br /> secured by this Security Instrument without further demand and may invoke the power of sale and any other <br /> remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the <br /> remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title <br /> evidence. <br /> If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of <br /> the Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower <br /> and to the other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give <br /> public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on <br /> Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms <br /> designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone <br /> sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled <br /> sale. Lender or its 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 <br /> the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made <br /> therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of <br /> exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred, not to <br /> exceed in the aggregate fifty dollars or one-half of one percent of the principal amount of the Note at the time of <br /> the declaration of default, whichever is greater, and reasonable attorneys' fees as permitted by law; (b) to all sums <br /> secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. <br /> Form 3028 9/90 (Page 4 of 5 Pages) <br />; <br />, <br />