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93110895
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Last modified
6/15/2006 10:31:35 AM
Creation date
10/21/2005 1:54:17 AM
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DEEDS
Inst Number
93110895
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<br />~~, <br /> <br />93- 1.10895 <br /> <br />17. Transfer of the Property or a Beneficial Interest in Borro\\~r. If all or any part uf t~e Property or any intefes~ in it <br />is seid or transferred (or if a beneficial interest in Borrower is sold or tr,\Osferred and Borrower IS not a natural per.;on) wltho~t <br />. Lender's prior writlc!i consent. Lender may. at its option. require im11ediate payment in ful: UI aii sums secured by thIS <br />Security Instrument. However. this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date <br />of this Security Instrument. <br />If Lender exercises this option. Lender shall give Borrower notice of l.'ccderation. The notice shall provhle a period of not <br />less than 30 days from the date lhe notice is delivered or lTilliled within which Borrower must pay all sums secured hy this <br />Security Instrument. If Borrower fails to pay these sums prior to the expirati,)n of this period. Lender may invoke any remedies <br />permitted by this Security Instrument withollt further notice or demaild on Botrower, <br />18. Borrower's Right to Reinstate. If Borrower meets certain cor,ditions. Borrower shall have the right 10 have <br />Cl,forcemenl of this Securily Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as <br />applicable law lIlay specify for reinstatement) before sale of the Properly pursuant to :my power of sale contnincd in this <br />Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions arc that Borrower: (3) pays <br />Lender all sums which then would be due under this Security Instrument and \.he Note as if no acceleration had occurred; (b) <br />cures any default of any other covenants or agreements; (c) pays al! ell.:penses incurred in enforcing this Security Instrument, <br />includin~~, but not limited to. reasonable attorneys' fees; and (d) takes such acti'l)n 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 p..-ty the sums secured by <br />this Security Instrument shall continue unchanged. Upon reinstatement by Horrower, this Security Instrument and the <br />o:...gations 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 />19. SaIl: of Note; Change nf Loan Sen'icer. The Note or a partial intere,:t in the Note (together with this Security <br />Instrumer;t) 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 "LM.n Servicer") that collects monthly payments due under the Note and this &'curity 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 chaJlt.:e of the Loan Servicer. Borrower will he <br />gi','cll writtcl. i'c,ricc of the change in accordance with paragraph 14 above and applicabk law. The notice will state the name and <br />address of"th~~ 'lew Loan Servicer and the address to which paYlT1ent~ should be made. Thl' notice will al~o contain any other <br />infonnatiol'! required by applicable law. <br />20. Hazarcous Substances. Borrower shall not cau~e or permit the presence, use, disposal. storage, or release of any <br />Hazardouc, Substances on or in the Property. Borrower shall nol dn, nor allow anyone else to do, anything affecting the <br />FTGperty that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence. use. or <br />r,toragc on the Property ()f small quantities of Hazardous Substances that are generally rccogni7.ed to he appropriate to norm:,1 <br />residential uses and to maintenance of the Property. <br />Borrowcl shall promptly give Lender written notice of any investigation. claim, dcn"'ltnd, lawsuit or other action hy uny <br />governmental or regulatory agency or private parly involving the Property and any Ha7.ardous Sunslancc or Environmcntal Lnw <br />of which Borrower has actual knowledge. If Borrower learns, or is notified by anygovernme!ltal or regulatory lIIttlH,rity, th:,: <br />any removal or other remediation of any Ha71m.\ous Substance affecting the Property i<; necessary. Borrower shall promptly take <br />all necessary remedial act:on~ in uc~:)rdance with Environmental Law. <br />As used in tilis paragraph 20. "Hazardous Sub<;~ances" arc those substances defined as toxic or hazardous sllhslances hy <br />Envirc;lrllental Law and the following substances: gasoline, kerosene, other namnwble or toxic petroleum products, toxic <br />pesticides and herbicides, volatile solvents, materials containing asbestos or fonn<lldt-hyde, and radioactive materials. As used in <br />this paragraph 20, "Envirnnmcl;tal Law" means federal laws and laws of the j~risdiction where the Property is located that <br />relate to health, safety or environmental protection. <br />NON-UNIFORM COVENANTS. B()(TOWer and Lender further covenant and agree as follows: <br />21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration fll"owln~ Uurruwer's hn'ach <br />of any covenant or :!greement in this Security instrument (but not prior to acceleration under paruAraph 17 unless <br />applicable law provides otherwise). The notice shall specify: (a) the default; (hl the action rC<luired tn cure the default; <br />(c) a date, not less than 30 days from the date the notice is givcn to Borrower, by which the default must he cured; and <br />(d) that failure to cure the default on or before the date specified in the notice may result In acceleration of the sums <br />secured hy this Security Instrument and sale of the Pruperty. Thp. notice shall fvrther Inform )Jorrower of the r1~ht to <br />reinstate after acceleration and the right to bring a court nctitlf1 to assert the non-existence of a default or any other <br />defense of Borrower to acceleration and sale. Jf the default is not cured on or before the dllte specified In the notice, <br />Lender, at its option, may require immcdiato: Imyment in full of all slims sl'(Cured by this Sl'Curlty Instrument wlthollt <br />further demand ~Illd may invoke the pllwer of sale and any other remedies permitted by applieahle Inw. Lender shall he <br />entitled to collect all expenses incurred In pursuinA the remedies provided In this paraArnph 2 J, Indudir.g, hut not limited <br />to, reasonable att;}rneys' fees and ensts of title evidence. <br />If the power of sale is invoked. Trustee shall record a notic~ of default in each county in which allY purt of the <br />Property is located and shall mail copies of such rwllce in the manner prescribed hy applicahle law to Uorrnwer l.lnd to <br />the other perSOlls prescribed by applicahle law Hter the time required b)' applicable law, Trust~ shall gh'c puhlic notice <br />of sale to the persoJls and in the manner p:~!>l.:rihed hy npplicablc law. Trustee, without demand nn Borrower, shall ~ell <br />the Pr()pert~; at public auction to ttie highest bidder at the time and place and under the term; designated in the notke of <br />.:;ale in onc or more parcels and In any order Tmstee determines. Trustee nUlY postpone sale of all or any parcel of the <br />Property by puhlic al1llOunCement at the time and place of ony previously scheduled sale. Lender or Its d('Sl~nee may <br />purchase the Property at any sale. <br /> <br /> <br />Form 3028 9/90 <br /> <br />Pogo 5 01 0 <br /> <br />
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