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200404179
<br />le. Transfer of the Properly, or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the
<br />Property" means any legal or beneficial Interest in the Property, including, but not limited to, those beneficial interests transferred in
<br />a bond for dead, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by
<br />Borrower at a future date to a purchaser.
<br />If all or any part of the Property or any Interest in the Propedy is sold or transferred (or H Borrower is not a natural person and a
<br />beneficial interest in Borrower Is sold or transferred) without Lender's prior written consent, Lender may require immediate payment
<br />in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is
<br />prohibited by Applicable Law.
<br />It Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less
<br />than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by
<br />this 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 notice or demand on Borrower.
<br />are
<br />19. Borrower's R
<br />to have enforcement
<br />the
<br />After Acceleration. If Be
<br />ument discontinued at any til
<br />red in this Security Instrumer
<br />late; or (c) entry of a )udgmE
<br />; which then would be ddus
<br />At of any other covenants or
<br />led to, reasonable attorneys
<br />ider's interest in the Property
<br />lire to assure that Lender's
<br />re sums secured by this Sea
<br />certain conditions, Borrower shall have the
<br />, earliest of: (a) five days before sale of the
<br />,or period as Applicable Law might spachy
<br />1is Security Instrument. Those conditions
<br />wurfty Instrument and the Note as if no
<br />'c) pays all expenses incurred in enforcing
<br />y inspection and valuation fees, and other
<br />nor this Security Instrument; and (d) takes
<br />case of acceleration under
<br />as
<br />as It no
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Not. (together
<br />with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change In the
<br />entity (known as the' Loan Servicer') that collects Periodic Payments due under [he Note and this Security Instrument
<br />nd peorms
<br />or
<br />other mortgage loan servicing obligations under the Note, this Securty Instumenl, and Applcable Law. There also might be o
<br />more changes of ilia Loan Servicer unrelated to a sale of the Note. Ii there is a change of the Loan Servicer, Borrower will be given
<br />wrtlten notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should
<br />be made and any other information RESPA requires in connection with a notice of transfer of servicing. II the Note
<br />Is sold and
<br />thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to
<br />Borrower will remain with the Loan Servicer or ba transferred to a suxessor Loan Servicer and are not assumed by the Note
<br />purchaser unless otherwise provided 6y the Note purchaser.
<br />Neither Borrower nor Lender may commence, join, or ba joined to any judicial action (as either an Individual gant or the
<br />member of a class) that arises from the other partys actions pursuant to this Security Instrument or that alleges that the other party
<br />has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the
<br />other Party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other
<br />party hereto a reasonable period after the giving of such notice to take corrective action. It A provides a time period
<br />pplicable Law
<br />which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purrpposes of this
<br />paraggraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 an tl the notice of
<br />acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to lake corrective action
<br />provisions of this Section 20.
<br />21. Hazardous Substances. As used in
<br />toxic or hazardous substances, pollutants, or wastes
<br />.....me61c — i—i, nufmlwum amducls. toxic DBE
<br />formaldehyde, and radioactive materials; (n) tnviron
<br />is located that relate to health, safety or environm
<br />remedial action, or removal action, as defined in Em
<br />can cause, contribute to, or otherwise trigger an Envir
<br />Borrower shall not cause or permit the presenc
<br />to release an yy Hazardous Substances, on or In the F
<br />the Property (a) that is in violation of any Envlronmer
<br />presence, use, or release of a Hazardous Substan
<br />preceding two sentences shall not apply to the pr
<br />Substances that are generally recognized to be apprc
<br />but not limited to, hazardous substances in consumer
<br />Borrower shall ppromptly give Lender written r
<br />novemmental or regulatory agency or private party i
<br />release or threat of release
<br />Hazardous Substance which
<br />regulatory authority, or any p
<br />necessary, Borrower shall pr
<br />create any obligation on Lenc
<br />is Section 21: Sa) "Hazardous Substances" are those substances defined as
<br />r Environmental Law and the following substances: gasoline, kerosene, other
<br />,ides and herbicides, volatile solvents, materials containing asbestos or
<br />ental Law' means federal laws and laws of the jurisdiction where the Property
<br />rtal protection; (c) "Environmental Cleanup" includes any response action,
<br />mmental Law; and (d) an "Environmental Condition" means a condition that
<br />(mental Cleanup.
<br />use, disposal, storage, or release of any Hazardous Substances, or threaten
<br />;pady. Borrower shall not do, nor allow anyone else to do, anything affecting
<br />J Law, (b) which creates an Environmental Condition, or (c) vfiich, due to the
<br />,, creates a condition that adversely affects the value of the Propedy. The
<br />aance, use, or storage on the Property of small quantities of Hazardous
<br />,tote to normal residential uses and to maintenance of the Property (including,
<br />roducls).
<br />lice of (a) any investigation, claim, demand, lawsuit or other action by any
<br />rolving the Properly and anyy Hazardous Substance or Environmental Law of
<br />rental Condition, Including but not limited to, any spilling, leaking, discharge,
<br />lance, and (c) any condition caused by the presence, use or release of a
<br />us of the Property. It Borrower leams, or is notified by any governmental or
<br />wal or other remediation of any Hazardous Substance affecting the Property is
<br />remedial actions in accordance with Environmental Law. Nothing herein shall
<br />NON -UNI FORM 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 acceleration under
<br />Section 13 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action
<br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by
<br />which the default must be cured; and (d) that failure to cure the default on or before the date specified in the
<br />notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The
<br />notice shall further Inform Borrower of the right to reinstate after acceleration and the right to bring a court
<br />NE.RABNb 81AA10 AMIy -Fenno M.WFn de M¢ UNIFORM 9TATEMEM Form AM
<br />AM NE DOT AM POa
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