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200001'735 <br />Loan Number: 121013145 Servicing Number: 264392 -2 Date: 02/24/00 <br />postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of <br />amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not <br />operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to <br />commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of <br />the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors <br />in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any <br />right or remedy. <br />12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security <br />Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. <br />Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs this Security Instrument but does not <br />execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the <br />Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations <br />with regard to the terms of this Security Instrument or the Note without that Borrower's consent. <br />13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, <br />and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan <br />exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the <br />permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. <br />Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. <br />If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing <br />it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or <br />any other address Borrower designates by notice to Lender. Any notice to lender shall be given by first class mail to Lender's <br />address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security <br />Instrument shall be deemed to have been given to Borrower or lender when given as provided in this paragraph. <br />15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction <br />in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with <br />applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect <br />without the conflicting provision. To this end the provisions of this Security Instrument and 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 interest in it is <br />sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without <br />Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security <br />Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this <br />Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not <br />less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security <br />Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted <br />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 enforcement <br />of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may <br />specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) <br />entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then <br />would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other <br />covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, <br />reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security <br />Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall <br />continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully <br />effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under <br />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 (known <br />as 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 Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be <br />given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and <br />address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other <br />information required by applicable law. The holder of the Note and this Security Instrument shall be deemed to be the Lender <br />hereunder. <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 allow anyone else to do, anything affecting the Property <br />that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the <br />Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and <br />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 Law <br />of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any <br />removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all <br />necessary remedial actions in accordance with Environmental Law. <br />Borrower shall be solely responsible for, shall indemnify, defend and hold harmless Lender, its directors, officers, <br />employees, attorneys, agents, and their respective successors and assigns, from and against any and all claims, demands, causes <br />of action, loss, damage, cost (including actual attorneys' fees and court costs and costs of any required or necessary repair, cleanup <br />or detoxification of the Property and the preparation and implementation of any closure, abatement, containment, remedial or other <br />Page 4 of 6 NED10014 (05- 28 -98) <br />