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DEED OF TRUST 2 0 0 r <br />(Continued) Page 4 of 5 <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 sold or transferred <br />(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender <br />may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised <br />by Lender if exercise is 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 period of not less than 30 days <br />from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to <br />pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice <br />or demand on Borrower. <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security <br />Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before <br />sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security <br />Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note <br />as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this <br />Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to <br />assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security <br />Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain <br />fully effective as if no acceleration 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 Security Instrument) may be sold <br />one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer ") that collects <br />monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a <br />sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 <br />above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be <br />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 of any Hazardous <br />Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any <br />Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of <br />Hazardous Substances that are generally recognized to 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 by any governmental or <br />regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual <br />knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous <br />Substance affecting the Property is 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 substances by Environmental <br />Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile <br />solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means <br />federal laws and laws of the jurisdiction where the Property is located that 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 breach of any covenant <br />or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). <br />The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the <br />notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in <br />the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further <br />Inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non — existence of a default or <br />any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at <br />Its option may require Immediate payment In full of all sums secured by this Security Instrument without further demand and may Invoke <br />the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses Incurred in <br />pursuing the remedies provided in this paragraph 21, Including, but 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 Property is located <br />and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by <br />applicable law. After the time required by applicable law, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the <br />time and place and under the terms designated In the notice of sale in one or more parcels and in any order Trustee determines. Trustee <br />may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. <br />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 the Property. The recitals <br />In the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the <br />sale in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, Including the payment of Trustee's <br />fees actually incurred, not to exceed % of the principal amount of the Note at the time of the declaration of default, and <br />reasonable attorneys' fees as permitted by law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or <br />persons legally entitled to it. <br />22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property <br />and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey <br />the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation <br />costs. <br />23. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee <br />appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, <br />the successor trustee shall succeed to all the title, power and duties conferred upon 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 which is the <br />Property Address. <br />