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<br /> <br /> <br /> <br /> <br /> 1021, 89e <br /> <br /> I.S. *Borrower's Right to Reinstate. If Borrower meats certain conditions, Borrower sham have the right to have enforcement <br /> discontinued at any time prior to the earlier of. (a) 5 days (or such other period as applicable raw may specify for reinstatement) before sale <br /> of the Property pursuant to any power of sale contained In this Security !nstrumarrb or (b) entry of a Judgment ardweing this Security <br /> and the <br /> Instrument. Those cenciftlom are that Borrower: (a) pays Lander all sums which than would be due tinder this Setxudty Instrument <br /> Note as 9 no acceleration had occurred; (b) cures any dehnult of any other covenant or agreernerts; (c) pays am expenses Incurred in <br /> enforcing this Security Instrument, Including, but not salted to. reasonable attorneys' tees: and (d) takes such action as Lender may <br /> reasonably require to assure that the men of this Security Instrument, Lender's rights In the Property and Borrowers obligation to pay the <br /> sums secured by this Security Instrument sham continue unchanged. Upon reinstatement yy Borrower, this Security Instrument and the <br /> obligations secured hem -by sham remain fumy eHecttve as If no acceleratlon had occurred. However, this right to reinstate sham not apply in <br /> 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 Sanest tar <br /> ' Instrument) may be sold one or more times without prior notice to Borrower. A sale may result In a change o the entity (known as the <br /> Loan Servlcer') that cotes monthly payments due under the Note and this Security Instrument, There also rcr,y be one or more changes <br /> of the Loan Servicer unreiatedd to a sere of the Note. If there is a change of the Loan Senkxr, Borrower wilt ba given written noire of the <br /> change In accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Lcon Servicer <br /> and the address to which payments should be made. The notice will also contain any other information requited by applicable low. <br /> 20. Hazardous Substances. Borrower shorn not cause or pemrlt the presence, use, disposal, storage. or Waste of any <br /> Hazerdous Substances on or in tfua property. Borrower sham not do, rror allow anyone also to do, an;;+hing affecting the Property that Is In <br /> violation of any Environmental Law. The preceding two sentences sham not apply to the presence, uwt, or storage on the Property of small <br /> quantities of Hazardous Substances that are genevIly recognized to be appropriate to normal resktarnilal uses and to maintenance of the <br /> Property. <br /> Borrower shall promptly give Lender written notice of any Investigation, dJalm, demand,lawsult or other action by any governmental or <br /> regulatory agency or private party Involving the Property and any Hazardous Substance or Envlronmwntai Law of which Borrower has actual <br /> knowiedge. If Borrower learns, or Is noti"Ad by any govemmental or regulatory authority, that any removal or other remedtation of any <br /> Hazardous Substance affecting the Property Is necessary, Borrower shall promptly take all necessary remedial actions in accordance with <br /> Environmental Law, <br /> As used in this paragraph 20, 'Hazardous Substances' z" those substances defined as toxic or hazardous substances by <br /> Environmental Law and the fomowirg substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and <br /> herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used In IMS paragraph 20. <br /> `Environmental Law" means federal laws and laws of the jurisdiction where the Property Is located that relate to health, safety or <br /> 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 <br /> Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to accoleratlon <br /> under paragraph 17 unless applicable lave provides otherwise). The notice shall opecify: (a) the default; <br /> (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice Is <br /> given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or <br /> before the date specified in the notice may result in acceleration of the sums secured by this Secvrity <br /> Instrument and sale of the Property. The notice shall further Inform Borrower of the right to reinstate after <br /> acceleration and the right to bring a court action to assert the non-existence of a default or any other <br /> defense of Borrower to acceleration and sale. If the default Is not cured on or before the date specified <br /> in the notice, Lender at its option may require immediate payment In full of all sums secured by this <br /> Security I nst;rument without further demand and may Invoke the power of sale and any other remedies <br /> 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 attorneyts' fees and costs <br /> of title evidence. <br /> If the pourer of sale Is Invoked, Trustee shall record a notice of default In each county In which any <br /> part of the Property is located and shall mail copies of such notice In the manner prescribed by applicable <br /> law to Borrower and to the other persons prescribed by applicable law. After the time required by <br /> applicable law, Trustee shall give public notice of sale to the persons and In the manner prescribed by <br /> applicable law. Trustee, without demand on Borrower, shall sell the property at public auction to the <br /> highest bidder at the time and place and under the terms designated In the notice of sale In one or more <br /> parcels and In any order Trustee determines. Trustee may postpone stale of all or any purcei of the <br /> Property by public announcement at the time and place of any previously scheduled sale. Lender or Its <br /> designee may purchase the. Property at any sale. <br /> Upon recelpt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed' <br /> conveying the Property. The recitals In the Trustee's dead shall be prima facie evidence of the truth of <br /> the statements made therein. Trustee shall apply the proceeds of the sale In the following order: (a) to all <br /> costs and expenses of exercising the power of sale, and the sale, Including the payment of the Trustee's <br /> fees actually Incurred, not to exceed 3 % of the principal amount of th6 note at the time of the <br /> i declaration of default., and reasonable attorney's fees as permitted by law; (b) to all sums secured by this <br /> Sacurity Instrument; and (c:) any excess to the person or persons legally entitled to It. <br /> 22. Reconvoyoncat. Upon payment of all sums secured by this Security Instrument. Lander sham requeat Trustee to reconvey the <br /> Property and shale -w-:4dee this. Sty>artty Instrument and all notes evidencing debt secured by this Seourtty Instrument to Trustee. Trustee <br /> sham reconvey the Pruner.y velthout warranty and without charge to the parson or persons legally entitled to k. Such parson or persons sham <br /> pay erny rerord.ntlon costs. <br /> 23. SC13311tute+ Tru.s2wQ. Lender, at Its option; may from time to time removo TruAten and appoint a successor t pt e to any <br /> Trustee appointed h~rtunder by an Instrument recorded in the county In which this Security Instrument le recorded. Whhout conveyance of <br /> the property, successor trustee sham succeed to nil the title, power and duties confarred upon Trustee herein and by applicable law, <br /> 24. Request for Notices. Borrower requests that copies of the notices of defaul! and sale be sent to Borrowers address which <br /> Is the Property Address, <br /> v 25. Riders to this SBcrjrfty Instrument. If one or more riders are executed by Borrower and recorded together with thla <br /> Swmity Instrument, the covorionta and agreements of each such rider ahem be IW:-arporated Into and slmh amend and supplement the <br /> covenants and agreements of this Security Instrument ns tf than rider(s) were a cart of this. 3ecurlty Instrun,'arrt, <br /> r <br /> r <br /> Papa 4 of 5 Form 3020 9/90 <br /> FiM,LIA0 (2/99) <br /> iN1483-1 <br />