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99 112024
<br /> • 18. Borrower's Right to Reinstate. If Bonower meets certain conditions, Borrower shalt have the right to hsve enforcement of
<br /> this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable Iflw mey speci(y for
<br /> reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment
<br /> enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security
<br /> Instrument and the Note had no acceleration xcurred; (b) cures any default of any other covenant or agreements; (c) pays all eocpenses
<br /> incurred in enforcing this Security Instrument, includ'ng, but not limited to, reasonable attomeys' fees; and (d) takes such action as Lender
<br /> may reasonaby require to assure that the lien of this Security Instrument, Lenders ri8hts in the Property and Borrowers oblipation to pay
<br /> the sums secured by this Securi[y Instrument shail conthue unchan�ed. Upon reinstatem�t by Borrower, this Security Instrument and the
<br /> obligations secured hereby shall remain fuly effective as if no acceleration had occurred. Howev�, this right to reinstate shall not appy in
<br /> the case of acceleration under paragreph 17.
<br /> 19. S81e of Note; Change of Loan Servicer. The Note or a p8rtial interest in the Note (together wRh this Security
<br /> Instrument) may be sold one or more times wkhout prior notice to Borrower. A sale may result in a change in the entity (known as the
<br /> "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes
<br /> of the Loan Servicer unreleted to a sale of the Note. If there is a change of the Loen Servicer, Borrower will be given written notice of the
<br /> change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servfcer
<br /> and the addrass to which payments should be made. The notice will also contain any other infortnation required by applicable law.
<br /> 20. Hezardous Substances. eorrower shall not cause or perm� the presence, use, disposal, storage, or releaae of any
<br /> Hezardous Substances on or in the Property. BoROwer shall not do, nor albw anyone else to do, anything atfecting the Property that fs in
<br /> violation of any Environmentai Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of smaA
<br /> quantities of Hezardous Substances that are peneraly recogniaed to be appropriate to nortnal residential uses and to maintenance of the
<br /> Property.
<br /> BoROwer shall prompty give Lender written notice of any investigation, claim, demand,lawsuit or oth� action by any govemmental or
<br /> regulatory agency or private party invoNing the Property and any Hazardous Substance or Environmental Lew of which Borrower has actual
<br /> knowledge. If Borrower leams, or is notified by any gov�nmental or regulatory authoriry, that any removal or other remediation of any
<br /> Hezardous Substance affecC�ng the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance wkh
<br /> Env'ronmental Law.
<br /> As used in this paragraph 20, "Hezardous Substances" are those substances defined as toxic or hazardous substances by
<br /> Env'ronmental Law and the folbwing substances: gesoline, k�osene, other flammable or toxic petroleum products, toxic pesticides and
<br /> herbicides, voletile soNents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20,
<br /> "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to heaRh, safety or
<br /> environmental protection.
<br /> NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as folbws:
<br /> 21. Acceleration; Remedies. Lender shali give notice to Borrower prior to acceleratfon following
<br /> Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
<br /> acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall speciiy: (a)
<br /> the default; (b) the actlon required to cure the default; (c) a date, not less than 30 days trom the date the
<br /> notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on
<br /> or before the date specified in the notice may result in acceleration of the sums secured by this Security
<br /> Instrument and sale of the Property. The notice shall turther inform Borrower of the right to reinstate aiter
<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 in
<br /> the notice, Lender at its option may require immediate payment in Tull of all sums secured by this Security
<br /> Instrument without iurther demand and may invoke the power of sale and any other remedies permitted
<br /> by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies
<br /> provided in this paragraph 21, including, but not limit�d to, reasonable attorneys' fees and costs of title
<br /> evidence.
<br /> If the power of sale is invoked, Trustee shall record a not�ce of default in each county in whfch 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. Aiter 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 sale of all or any parcei 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 receipt 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 deed 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: (s) to all
<br /> costs and expenses of exercising the power of sale, and the sale, including the payment of the Truatee's
<br /> fees actually incurred, not to exceed 3 % of the principal amount of the note at the time of
<br /> the declaration of default, and reasonable attorney's fees as permitted by law; (b) to all sums secured by
<br /> this Security InsVument; and (c) any excess to the person or persons legally entitled to i�
<br /> 22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the
<br /> Property and shall surrender this Security Instrum�t and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee
<br /> shall reconvey the Property without warranty and without charge to the person or persons legalty entitled to it. Such person or persons shall
<br /> pay any recordatan costs.
<br /> 23. Substitute Trustee. Lender, at its option, may from time to time r�nove Trustee and appoint a successor trustee to any
<br /> Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of
<br /> the Property, successor trustee shall succeed to ail the title, power and duties con(erred upon Trustee herein and by appiicable law.
<br /> 24. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to BoROwer's address which
<br /> is the Property Address.
<br /> 25. Riders to this Security InsVument. If one or more riders are executed by Borrower and recorded together with this
<br /> Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the
<br /> covenants and agreements of this Security instrument as iF the rider(s) were a part of this Security Instrument.
<br /> Form 3028 O/60
<br /> F400B.LM0(11/B9) Paps 4 of 5
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