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200010687 <br />17. Transfer of the Proper•t} or a Beneficial Interest in Borrower. if all or an� pan of the Property or any interest in it <br />is 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 <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 Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not <br />less than 30 da, s from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this <br />Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke an), remedies <br />permitted by this Securitv 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 Secure• Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as <br />applicable law ma\ specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Securitv Instrument: or (b) entn of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays <br />Lender all sums which then would be due under this Securitv Instrument and the Note as if no acceleration had occurred; (b) <br />cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, <br />including, but not limited to. reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure <br />that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay 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. However, this right to reinstate shall <br />not appl} in the case of acceleration under paragraph 17. ` <br />19. Sale of Note; Change of Loan Sen•icer. 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 Seryicer ") that collects monthly payments due under the Note and this Security Instrument. There also may be one <br />or more changes of the Loan Se vicer unrelated to a sale of the Note. If there is a change of the Loan Servicer. Borrower will be <br />riven 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 Sen•icer and the address to which payments should be made. The notice will also contain any other <br />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 allow anyone else to do, anything affecting the <br />Property that is in yiolatior of any Environmental Law. The preceding two sentences shall 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 Propeny. <br />Bo: over shall promptl\ give Lender written notice of any investigation, claim. demand. lawsuit or other action by anv <br />governmental or regulator agency or private party involving the Propem and any Hazardous Substance or En•ironmenta] Lag <br />any governmental or regulator' authority <br />of which Borrower has actual knowledge. If Borrower learns. or is notified by , that <br />any removal or other remediation of anv Hazardous Substance affecting the Property is necessary. Borrower shall promptly take <br />all necessan• 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 bN <br />Environmental La\� and the following substances: gasoline, kerosene, other flammable or toxic petroleum products. toxic <br />pesticides and herbicides. volatile solvents. materials containing asbestos or formaldeh\ de. and radioactive materials. As used in <br />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 breach <br />of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless <br />applicable lam- provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; <br />(c) a date, not less than 30 days from the date the notice is given to Borrower, b}. which the default must be cured; and <br />(d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums <br />secured by this Security 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 - existence of a default or anv other <br />defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, <br />Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without <br />further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be <br />entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited <br />to, reasonable attornevs' 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 lam to Borrower and to <br />the other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice <br />of sale 'to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell <br />the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of <br />sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the <br />Property b} public announcement at the time and place of any previously scheduled sale. Lender or its designee may <br />purchase the Property at any sale. <br />=O-SR(NE) (9212).04 <br />Page 5 of 6 <br />Form 3028 9190 <br />inn�ais _��1 )j <br />)� V" <br />