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<br /> <br />Q:~.. 110893 <br /> <br />17. Transfer of the Projn'rt~. or a Beneficial Inte.est in BorrQw('L If HlI or any part~M~e Property or any intercs~ in il <br />is sold or transferred (or if a beneficial interest in Borrower is sold or transfer..:d vld Borrower IS not a natural person) without <br />· ~nder's prior written consent, Lender may, at its option, require immediate ~aymcnt in full of ail sums secured by this <br />S"'cerity i'm:trument. However, this opt10n shall not be exercised by Lender if exercise is prohibited by federal I a\': as of lhe date <br />of this Security Instrument. <br />If Lender exercises this option, Lender .,!,all give Borrower notice of acceleration. The notice sh311 provide a period of not <br />less than 30 days from the date the notic~ i" delivered or mailed within which Borrower must pay all S:.Ims secured by this <br />Sec:.Irity Instrument. If BOrT0wer f<,i!" to pay these sums prior to the expiration of this period, Lender may invoke any remedies <br />permitted by this Security Il,stn;mt;nl without further notice 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 Instmment discontinued .;t any time prior to the earlier of: (a) 5 days (or sllch other period as <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Security Ins.rument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions arc that Borrower: (a) pays <br />Lender all sums which then would be due under this Security Instrument and the Note a<; if no acceleration had occurred; (11) <br />cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing t~lis Security Instrumelll. <br />including. but not limited to. reasonabll;: attorneys' fees; and (d) takes sucb anion as Lender may reasonably require to assur.: <br />that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by <br />this Securit)' Instrulllt~nt shall continue unchanged. Upon reinstatement by Borrower. this Security Instrument and the <br />oblip:ions secured hereby sh1.1l remain fully effective as if no acceleration had occurred. However. this ri~ht to rem state shall <br />not apply in the case of accelemtion under paragraph 17. <br />19. Sale of Not~.; Change of Loan Servicer. The Note or a parti~il int;:rest in the Note (together with this Security <br />Instrument) may be sold one or more times witheut prior notice to Borrower. A sale may result in a change in the entity (known <br />as the "Loan Servicer") that coller.ts monthly payments due under the Notc uild this Security Instrument. There also may be one <br />or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of tlte Loan Servicer, Borrower will be <br />given written notice of the change in accordance with paragraph 14 above and applicable law. The netice will state the name and <br />address of -the 'lew Loam Servicer and the address to which payments shouid be made. The notice will also contain any other <br />information required by applicable la\.'/. <br />20. HatardOtls Substl:l_nces. B;)rrower shall not cause or permit the presence. use, disposal. storage, or relc.lse of any <br />Hazardous Substances on or in the Property . Borrower shall not do, nor allow 1nyone else tn d'l, llnything affecting the <br />Property that is in violation of any Environtllt'I\lal Law. The preceding two sentences shall not upply to the presence, lise, or <br />storage on the Property of small quantities of i-l1zardous Substances that are generally recognized to be appropriate to normal <br />residential uses and to maintenance of the PropellY. <br />Borrower shall promptly give Lender written noti::e pf any invt.:stigation, claim. demand. lawsuit or other m:tiOIl .'i ;Hi} <br />governmental or regulatory agen.;y or private party involvir:g the Property and any HU7.ardous Suost:lIlce or Envirolilllelllal Law <br />of which Borrower has actual knowledge. If Borrower lear'ls. or is notified by any governmental or regulator)'1!ho;:::J, that <br />any removal or other remediation of any Hazardous Substance affecting the Property is necessary. Borrower ~hai; I'ltlmptly ~il:':e <br />all necessary remedi.:1 actions in accordance with Environmental L1w. <br />As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hU7.ardl'lJ' sUOs"'!"F:e, j,;, <br />Environmental Law and the following substances: gasoline, kerosene. other flammable or toxic petroleum produ..:t:;, l,'^;l' <br />pesticides and herbicides, volatile solvents, materials cOlltaining asbestos or formaldehyde, and radioactive materials. As used ill <br />this paragraph 20. "Environmental Law" means federal laws and laws of the jurisdiction where the Property is Incah..:G that <br />relate to health, safety or environmental protection. <br />NON-UNIFORM COVENANTS. Bo.rower and Lender further covenant and agree as follows: <br />21. Acceleration; Remedies, Lender ;;hall give notice to Borrower p'rior to acceleration following Borrower's hn~uch <br />of any covenant or agr('cment in this Security Instrument (hut not prior tfl acceleration under paragraph 17 unless <br />applicable law provides othenvise). The notice shall specify: (a) the ~:.fault; (h) the action re<lulrcd to cure the default; <br />(c) a date, not less than 30 days from the date the notice is given to Rorrower,by which the default must be cured; nnd <br />(d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the SUlIlS <br />secured by this Security lnstnllllent and sale of the Property. The notice shall further Infoml Borrower of the right to <br />reinsl;,te after acceleration and the right to bring a court action to assert the non.exlstence or a default or any othC'r <br />defense of Borrower to ac!:e1eration H!ld sale. If the dtfault is not cured on or hefore the date specined in the notice, <br />Lender, at its opt!on, may require immediate payment in full of all sums secured by this Security Instrument without <br />further d<,rnand and !}lay invoke the power of sale and any other remedil'S permitted hy applit'ahle law, Lender shall he <br />entitled to collect all t=xpcnses incurred in pursuing the re'mcdie<; providerl in this paragraph 21, Including, hut not limited <br />to, reasonahle attorneys' fee<; and costs of title evidence, <br />If the p::wer of sale is invoked, Trustee shall rCCOl"(1 a notice of default in each county in whit'h any part of the <br />Property is located and shall mail copies .)f such notice in the manner prescribed hy applicahle law to Borrower and to <br />the other persons prcs.::ribed by applicable law, After the I'Ime required by applicable law, Trustee shall give public notice <br />of salt. to the persons and in the manner prescrihed by applicable law. Trustee, without demand Oil Borrow('r, shall sell <br />the Property at pl~blic 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 deh:rmines. Trustee may postpone sale nf all or lln~' parcel nf the <br />Property by pHillie U1mouncement at the time and place of any previously scheduled sale. Lender or its designee may <br />purchase the Property at any sale. <br /> <br />Form 3028 9/90 <br /> <br />Pooe ~', of B <br /> <br />