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. 18. Borrower's Right to Reinstate. if Borrower meets certain condi[ions, eorrower snan have the right to have <br /> enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 deys (or such other pe�iod as applicable <br /> law may speci(y for reinstatement) before sale of the Property pursuant to eny power of sale contained in this Security Instrument; or <br /> (b) entry of a judgment enforcing this Security Inatrument. Those conditbns are that Borrower: (a) pays Lender all sums whfch then <br /> would be due under this Security Instrument and the Note as M no acceleratbn had occurred; (b) cures any defauR of any other <br /> covenant or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable <br /> attomeys' fees; and (d) takes such action as Lender may reasonaby require to assure that the Uen of this Security Instrument, Lender's <br /> rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon <br /> reinstatement by BoROwer, this Security Instrument and the obligations secured hereby shall remain tuly effective as if no acceleration <br /> had occurred. However, this right to reinstate shall not appy in the case of acceleratbn under paragreph 17. <br /> 19. Sale of Note; Change of Loan Servicer. The Note or e partisl interest in the Note (together with this Security <br /> Instrument) mey be sold one or more times without prior notbe to BoROwer. A sale may resuR h a change in the entity (known as the <br /> "Loan Servicer") that collects monthy payments due und� the Note end this Security Instrument. There also may be one or more <br /> changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be gNen written <br /> notice of the change in accordance with peragreph 14 above and applicable law. The notice will state the name and address of theCQ <br /> new Loan Servicer and the address to which payments should be made. The notice will also contein any other information required by� <br /> apPlicable law. <br /> 20. Hazardous SubstanCes. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any f.+ <br /> Hezardous Substances on or in the Property. Borrower shall not do, nor albw anyone else to do, anything affecting the Property that►.+ <br /> is in violation of any Environmental Law. The precedinq two sentences shall not appy to the presence, use, or storage on the� <br /> Property of small quantities of Hazardous Substances that are generaly recogniaed to be appropriate to normal residential uses and to 0 <br /> maintenance of the Property. Q'j <br /> Borrower shall promptly give Lender written notice of any investigatbn, claim, demand, tawsuit or other action by any govemmenffiI �p <br /> or regulatory egency or private party involving the Property and any Ha=ar�pus Substance or Environrnental Law of which Borrower has <br /> actual knowledge. If Borrower leams, or is notified by any govemmental � regulatory authority, that any removal or other remediation <br /> of any Hezardous Substance aifecting the Property is necessary, Borrower shall prompty take all necessary remedial actions in <br /> accordance with Environmental Law. <br /> As used in this paragraph 20, "Hazardous Substances" are those substances defned as toxic or hazsrdous substances by <br /> Env'ronmental Law and the folbwing substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides end <br /> herbicides, voletile solvents, materials containing asbestos or fortneldehyde, and radioactive materials. As used in this paragraph 20, <br /> "Env'ronmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to heakh, safety or <br /> environmental protection. <br /> NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as folbws: <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 <br /> acceleration under paragraph 17 unless applicable law provides otherwise). The notice shali specity: <br /> (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the <br /> date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure <br /> the default on or before the date specified in the notice may result in acceleration of the sums <br /> secured by this Security Instrument and sale of the Property. The notice shall further inform <br /> Borrower of the right to reinstate aiter acceleration and the right to bring a court action to assert the <br /> non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is <br /> not cured on or before the date specified in the notice, Lender at its option may require immediate <br /> payment in full of all sums secured by this Security Instrument without further demand and may <br /> invoke the power of sale and any other remedies permitted by applicable law. Lender shall be <br /> entltled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, <br /> including, but not limited to, reaaonable attorneys' fees and costs of tiUe evidence. <br /> If the power of sale is invoked, Trustee shall record a notice of default in each county in which <br /> any part of the Property is located and shall mail copies of such notice in the manner prescribed by <br /> applicable law to Borrower and to the other persons prescribed by applicable law. Atter the time <br /> required by applicable law, Trustee shall give pubiic notice of sale to the persons and in the manner <br /> prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public <br /> auction to the highest bidder at the time and place and under the terms designated in the notice of <br /> sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all <br /> or any parcel of the Property by public announcement at the time and place of any previously <br /> scheduled sale. Lender or its designee may purchase the Properiy 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 <br /> of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: <br /> (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of <br /> the Trustee's fees actually incurred, not to exceed 3 % of the principal amount of the note <br /> at the time of the declaration of default, and reasonable attorney's fees as permitted by law; (b) to sll <br /> sums secured by this Security Instrument; and (c) any excess to the person or persons legaliy <br /> entitled to it. <br /> 22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey <br /> the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. <br /> Trustee shall reconvey the Property without warranty and without charge to the person or persons legaly entitled to k. Such person or <br /> persons shall pay eny recordation costs. <br /> 23. Substltute Trustee. Lender, at its option, mey irom tMe to time remove Trustee and appoint a successor trustee to <br /> any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without <br /> conveyance of the Property, the successor trustee shail succeed to all the tkle, power and duties conferred upon Trustee herein and <br /> by applicable law. <br /> 24. Request for Notices. Borrower requests that copies of the notices of defauft and sale be sent to Borrowers address <br /> which is the Property Address. <br /> 25. Riders to this Security InsVument. If one or more riders are executed by Borrower and recorded together wkh <br /> this Security Instrument, the covenants and agreements of each such rider shall be incorporated 'nto and shall amend and supplement <br /> the covenants and agreements of this Security Instrument as 'rf the rider(s) were a part of this Security Instrument. <br /> Form 3028 9/90 <br /> F1029.LM�(10/99) Pay�4 of 5 <br />