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<br />Form 3028 9/90 <br /> <br /> <br /> <br />93- 110894 <br /> <br />17. Transfer of the Pro pert)' or a Beneficial Interest in Borrower. If all or any part of the Property or any intercs~ in it <br />i:> sol": or transfer.cd (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a oatuml person) wIthout <br />Lender's prior Wl!(ten cons~~nt, Lender Illay, at its option. require immediate pllyment in full of all SUlTlS secured by this <br />SccurilY Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by feder.Jl law as of the date <br />of this Security Instrument. <br />If Lender exercises Ihis option, Lender shall give Borrower notice of acceleration. The notice shall provide a ~riod of not <br />less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this <br />Secilrity instrument. If Borrower fails to pay these sum:, prior to the expiration of this period. Lender may invoke any remedies <br />permitted by this Security Instmmcm without further notice or demand on Borrower. <br />18. Borrower's Right to Re:nstaie. If Borrower meets certain conditions, Borrower shallhavc the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such 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 Instrument: or ~b) entry of a judgment enforcing this Security bstrument. Those conditions are that Borrower: (a) pays <br />Len('ler all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred: (b) <br />cure~ any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, <br />including, but not limited to, reasonable attorneys. fees: and (d) takes such action as Lender may reasonably require to assure <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 Security Instrument shall continue unchanged. Upon reinstatement by Borrower. this Security Instrument and the <br />oblibatio;ls secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall <br />not apply in the case of acceleration under paragraph 17. <br />J 9. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security <br />Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known <br />as the "Loan Servicer"') that collects monthly payments due under the Note and 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 the Loan Servicer, Borrower will be <br />given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and <br />"ddrc;ss.of the new Loan Servicer and the address to which payments should be made. The notice will al.~o contain any other <br />information required by applicable law. <br />20. I-h17:ardous Substances. Borrower shall not cause or permit the presence, use. disposal, storJge, or release of any <br />Haz.ardous Substances on or in the Property. Borrower shall not do, nor allow anyone clse to do. anything affecting the <br />Property that is in violation of any Environmental Law. The preceding two sentences shall not npply to the presence. use, or <br />storage on the Property of small quantities of HU7..ardous Substances that are generally recognized to be nppmpriate to normul <br />residential uses and to ll1c.intenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation. claim, demand, lawsuit or other action hy any <br />govl:rnmcntal or regulatory agency or private party involving the Property and nny HazardOl!s SuhstulH.:c or Environll1ental Law <br />of which Borrower has <Ictllal knowledge. I~ Borrower learns, or is notified by any governmental or re[:ulatory authority. that <br />any removal or other remcdiation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take <br />all necessary remedial a;.:tions III accord~lIlce with Environmental Law. <br />As used in this paragraph 20, "Haz.ardous Substances" are those substances defined as toxic or hazardous sub:itances hy <br />Environmental Law and the following substances: gasoline, kerosene. other flammable or toxic petroleum products. toxic <br />pesticides and herbicides, volatile solvents, materials contnining asbestos or formaldehyde, and radioactive malerials. As used in <br />this paragraph 20, "En\'~ronmental La'."" means federal laws and laws of the jurisdiction where the Property is Io<:atcd that <br />relate to health, safety or environmental protection. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and ngree as follows: <br />11. Acc('lerl.ltion; Rl'I1U'dies. Lender' shall gin' notke to Burrower prlnr to Ul"l'l'Il'rutloll (u"uwlng Hurl'O\ll'..S hn'adl <br />of an) covenant or agreement jn this SecuritJ Instrument (but not priOl' to acceleration lindeI' paragraph 17 unll'Ss <br />npplicablc law provides otherwise). The notice shall specify: (a) the default; (b) the action re(luired to cure tile dCr~IUIt; <br />(c) a date, not less than 30 days from the dute the notice is given to Horrower, by which the default must Iwcurcd: and <br />(d) that failure to cure the default 011 or bcfore the date spt'Cified in the notice ma;v result in acceleration of the sums <br />securcd by this SecuritJ Instrument and sale of the Property, The notice shall further Infonn Borrower of the rlRht to <br />reinstate after acceleratioll and the right io bring a court action to assert the nOIH~xistence ofa default or any other <br />dcfen!;e of Borrower to acceleration and sule. If the default is not cured Oil or before the date specified in lhe notice, <br />Lender, at its option, may require immediate payment in f'~11I of all sums secured by this Security Instrument without <br />further demand and may im'oke the pmver of' sale and any other remedies permitted by applicable law. Lender shall he <br />entitled to collect all eXlwnses incurred in pursuin~ thl".: remedies provided in tllis paragraph 2i, including, hl!t no~ !!mi~ed <br />tn, reasonahle at!orn.eys' fCC8 and cm;t~ of title eviden-;:c. <br />If the pawl'r of sale is invoked, Trustee shall record a notkc of default in each county in whkh uny part of fhe <br />Property is located and shall mail copics of such notice In the manner prescribed by applicable law to Borrower and to <br />the other persons prescrihed hy applicable law. After the time required by applicable law, Trustee shull give puhllc nntke <br />of ~ale to the persons and in the manner prescribed by applicable law. Trustee, without demand nn Burrower, shall sell <br />the Property at puhlic auction to the highest bidder at the time and place and under the terms dl'Signatl'd in the not let' lit' <br />salt> in one or more parcels and in any order Trustee determines. Trusfec may pnstpone sale of ull or .IIlY p:m:l'I nf the <br />Property hy public announcement at the time and place of any previously scheduled sale. Lender ur Hs dl~ignee mllY <br />purchase the Prol>crty at any sale. <br /> <br />POO_ 5 01 6 <br />