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LOAN #: 3815488
<br />and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged.
<br />Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following
<br />forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
<br />cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal
<br />agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this
<br />Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had
<br />occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18.
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the
<br />Note (together with this Security Instrument) can be sold one or more times without prior,notice to Borrower.
<br />A sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments
<br />due under the Note and this Security Instrument and performs other mortgage loan servicing obligations
<br />under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of
<br />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 which will state the name and address of the new Loan Servicer, the
<br />address to which payments should be made and any other information RESPA requires in connection with a
<br />notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other
<br />than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the
<br />Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser
<br />unless otherwise provided by the Note purchaser.
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
<br />individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
<br />Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
<br />this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in
<br />compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a
<br />reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
<br />period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
<br />for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
<br />to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to
<br />satisfy the notice and opportunity to take corrective action provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
<br />substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
<br />following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
<br />herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
<br />"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate
<br />to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
<br />remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition"
<br />means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
<br />Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
<br />nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
<br />Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
<br />Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two
<br />sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
<br />Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of
<br />the Property (including, but not limited to, hazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or
<br />other action by any governmental or regulatory agency or private party involving the Property and any
<br />Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
<br />Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
<br />release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
<br />Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by
<br />any governmental or regulatory authority, or any private party, that any removal or other remediation of any
<br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial
<br />actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an
<br />Environmental Cleanup.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
<br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
<br />acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a)
<br />the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date
<br />the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the
<br />default on or before the date specified in the notice may result in acceleration of the sums secured by
<br />this Security Instrument and sale of the Property. The notice shall further inform Borrower of the
<br />right to reinstate after acceleration and the right to bring a court action to assert the non - existence of a
<br />default or any other defense of Borrower to acceleration and sale. If the default is not cured (/'//�oJn or
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<br />Initials: C_ I- `.
<br />- 6A(NE) (99os).oz CHL (03/00) Page 9 of 11 Form 3028 3/99
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