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<br />Form J02R 9NII (,'og" 5 of f, ,'ogrJ) <br /> <br /> <br />-..'11" . <br /> <br />93- 110891 <br /> <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Security Instrument: or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) <br />pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had <br />occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security <br />In<;trument. including. but not limited to, reasonable a!torneys' fees; and (d) takes such action as Lwder may reasonably <br />require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's ohligation to pay the <br />sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security <br />Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this <br />right to reinstate shall not apply in the case of acceleration under paragraph 17. <br />19. Sale of Note; Change of Loan ServiceI'. The Note or a partial interest in the Note (together with this SecurilY <br />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. TIlere also <br />may be one or more changes or the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan ServiceI', <br />Borrower will be given written notice of the change in accordance with paragraph t4 above and applicable taw. The notice <br />will state the name and address of the new Loan Strvieer and the address to which payments should be made. The notice wiII <br />also 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 any <br />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 nonnal <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 <br />Law .of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory <br />authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower <br />shall promptly take all 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 hy <br />Environmental Law and the following substances: gasoline, kerosene, other nammable or lOxic petroleum products, toxic <br />pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials, As <br />used in this paragraph 20. "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located <br />that relate to health, safety or environmental protection. <br />NON~UNIFORM COVENANTS. Borrower and Lender further covenant and agree ;IS' follows: <br />21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following nornlWer's <br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 <br />unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action re{luired to {'ure tlle <br />default; Ie) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be <br />cured; and (d) thaI failure to cure the default on or before the date specified in the notice may result in accel~ration of <br />the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of <br />the right 10 reinstate arter acceleration and the right to bring a court action to assert the non-existence of a default or <br />any other (~efense of Borrower to acceleration and sale. If the default is not cured on or befc:re the date specined In <br />the nOlice, Lender at its option nUIY require immedhlte payment in full of all sums secured by this Seturit)' Instrument <br />wHhout further demand and may invoke the power of sale and any other remedies permitted by applicable law. <br />Lender shall he entitled io collect all expenses incurred in pursuing the remedies provided in this paragraph 21, <br />including, but not limited to, reasonable attorneys' fees and costs of title evidence. <br />If the power of salc is invoked. Trustee shall record a notice of default in each county in which any part of the <br />Propert). is located and shall mail copies of such notice in the manncr prescribed by applicahle law to Borrower and to <br />the other persons prescribed by applicable law. Arter the time required by applicable law, Trustee shall give public <br />notice of sale to the persons and in the manner prescribed by applicable law. Trustel', without demand on Borrower, <br />shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in <br />the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone .sale or all or llny <br />parcel of the Property hy 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 d('ed conveying the <br />Property. The recitals in the Trustee's deed shall he prima facie evidence of the truth of the statements made thendn. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power <br />