|
� . 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part or cne Property or
<br /> any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural
<br /> � person) without Lender's prior written consent, Lender may,at its option, require immediate payment in full of all sums secured by
<br /> this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the
<br /> 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
<br /> less than 30 days 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 any remedies
<br /> permitted by this Security Instrument without further noC�ce 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 Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as �
<br /> applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security �
<br /> Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all �
<br /> sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any �
<br /> default of any other covenant or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but Q
<br /> not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of �
<br /> this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security �j,�
<br /> Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured �
<br /> hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case Q';
<br /> of acceleration under paragraph 17.
<br /> 19. Sale Of Note; Change of Loan Servicer. The Note or a a partial interest in the Note (together with this
<br /> Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity
<br /> (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may
<br /> be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,
<br /> Borrower will be given written notice of the change in accordance with paragraph 14 above and applicabie law. The notice will
<br /> state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also
<br /> 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
<br /> any 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 violation 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 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 of
<br /> 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 Property is necessary, Borrower shall promptly take all
<br /> 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
<br /> Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
<br /> pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in
<br /> paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to
<br /> 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
<br /> following Borrower's breach of any covenant or agreement in this Security Instrument (but not
<br /> prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice
<br /> shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than
<br /> 30 days from the date the notice is given to Borrower, by 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
<br /> acceleration of the sums secured by this Security Instrument and sale of the Property. The notice
<br /> shall further inform Borrower of the right to reinstate after acceleration and the right to bring a
<br /> court action to assert the non-existence of a default or any other defense of Borrower to
<br /> 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
<br /> Instrument 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
<br /> the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys'
<br /> 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
<br /> which any part of the Property is located and shall mail copies of such notice in the manner
<br /> prescribed by applicable law to Borrower and to the other persons prescribed by applicable law.
<br /> After the time required by applicable law, Trustee shall give public notice of sale to the persons
<br /> 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
<br /> designated in the notice of sale in one or more parcels and in any order Trustee determines.
<br /> Trustee may postpone sale of all or any parcel of the Property by public announcement at the
<br /> time and place of any previously scheduled sale. Lender or its designee may purchase the
<br /> Property at any sale.
<br /> Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's
<br /> deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of
<br /> the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the
<br /> following order: (a) to all costs and expenses of exercising the power of sale, and the sale,
<br /> including the payment of the Trustee's fees actually incurred, not to exceed three
<br /> °� of the principal amount of the
<br /> note at the time of the declaration of default, and reasonable attorney's fees as permitted by law;
<br /> (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons
<br /> legally entitled to it.
<br /> F1316.LMO (1/99) Page 4 of 5 C7'�L�
<br /> %C%���
<br />
|