Laserfiche WebLink
<br /> <br />193.. 11089~, " <br />17, Transfer of the Pmperty OJ" a Beneficial 'ntcrest in Borrower, If a\l or any part of t1~e ~operty or a~ Interes~ In It <br />is sold or transferred (or if a bene::tc...tl interest in Borrower is sold or tmnsferred and Borrower IS not a natural person) wllhout <br />Lender's prior writte~ consent, Lender may, at its option, require immediate payment in full of all sums secured by this <br />Security Instrument. Howevl~r, this option shall not be exerr::ised by Lender if exercise is prohibited by federal law as of the dale <br />of this Security Instrument. <br />If Lender exercises this 0ption, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not <br />less than 30 days from the date ll:e notice is delivered or mailed within which Borrower must pay all stllllS secured by this <br />Security Instrument. If Borrower fails to pay thesr. :,ums prior to the expiration of this period, Lender may invoke any remedies <br />permitted by this Security Instrument without furth,,:r notice or demand on Borrower. <br />18. Borrower's Right to Reinstate. ~f &)rrower meets certain conditions, Borrower f;hail have the right to have <br />enforcement of this Security Instrument discontinued at any time pd<'f to the earlier of: (a) 5 days (or such other period as <br />applicable law may specify for reinstatement) before sale of th~ Property pursuant to any power of sale contained in this <br />Security Instrument: or (b) entry of a j:Idgment enforcing this Security Instmmcnt. Those cO'lditioils are that Borrower: (a) pays <br />Lender all sums which then would be due under this Security Instrument and the Note as jf no acceleration had occurred; (b) <br />cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, <br />including. but not limited 1.0, reasonable aHorneys' fees; and (d) tukes such action as Lender may reasonably require to assure <br />tl1atthe lien of this Security Instrument, Lendtl '5 rights in lhe 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 />obligations secured hereby shall remain fully effe,.tive 3-";( no acceleration had occurred. However. this right to reinstate shall <br />not apply in the case of acceleration under paragraph 17. <br />19. Sale of Note; Change of Loan Servicer. The Note ;'It a partial interest in the Note (together with this Security <br />Instrument) may be sold one or Ir.ore times without prior notice to Borrower. A sale may result in a change in the enlity (known <br />as the "Loan Servlc':,") that collects monlhly payments due under the Note and this Security Instrument. There nl~;'J may be one <br />or more changes of the LORiI Servicer unrelated to a sale of the Note. If there is a change of the Loan Servker. Borrower will be <br />givt:n written notice of tht: change in accordance with parag!'uph 14 above and applicable l<lw. The notice will state the name and <br />address of the new Loan Servicer and the address to which payments should be made. The notice will also ('ontain any other <br />information required by applicable law. <br />20. Hazardl)uS~llbstances. Borrower shall not cause or r~rmit the presence, use. disposal. storage, or release of any <br />Hazardou~ ~\lbstance', ,>:] or in the Property. Borrower shall no! do. nor allow anyone else to do. anything <<lTeeting the <br />Pmfwrty that is in \;, ;':!Oll lit :IIlY Environment;l~ Law, The pn'~'edillg two sentences shall 11I;l :irply to Ih,' prCS('JltT. lISC, ": <br />storage c, the ProperlY of small quantities of Hal-:trdous Substances that are generally recegnizcd to bc appropriate to normal <br />residential uses and to rnaintenance of the Property. <br />Borrower shall p,omptly give Lender written notice of any investigation, claim. demand, lawsuit n~ othzr action by any <br />governmental or rcgdato:) agency or private party involving the Property and any Hal.ardous Suhstance or Environlllental Law <br />of which Borrower has actual knowledge. It' Borrower learns, or is l1otil1ed by any governmental or regulatory authority, that <br />any removal or other remediation l.f <lil}' Hazardous Substance affeclir.g the Property is necessary, Borrower shall promptly lake <br />all necessary renled;,al actinns in accordance with Environmental Law. <br />As used in this paragraph 20, "Hazardous Substances" are those substances defined itS !~)Xjc or hal.udollS substances by <br />Envirunlllcntal Lnv <lnd the following substances: gasoline, kerosene, other flammable or toxic pctroleum products, toxj-; <br />pesticides and herbicides. vol:,tile solvents. ma'erials cOlltaining asbestos or formaldehyde, ~;;d radioactive materials. As used in <br />thi~; parugrz;)h 20, "Envir;-l\1i,)~ntal Law" means federal laws and laws of the jurisdiction w;;l"re the Propcny is located that <br />relate to hcalth, 'iafcty or en',;comelltal protection. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agret liS follows: <br />21. Acceleration; Remedit's. Lender shllll give notice to Borrower prior to ar.celer&tion following Horruwcr's hrellch <br />of any covellllnt or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unk'Ss <br />applicable law pro'tidc." otherwise). The notice shall specify: (a)the default; (b) the aellon retlulred to cure the default; <br />(c) a date, I),ot les" than 30 days [r(,m the date the notice is given to Borrower, hy whicb t!IC defllult must he ctlred; llml <br />(d) that failure to cure the default on or before the date specified in the notice mllY result In acceleration of the :'iUlnS <br />secured by this Security Insh1.lment and sale of the Property. The notice shall further Inform Borrowel' of the rir-ht to <br />reinstate after acceleration and the righT to hring a court action to as~ert the non~existence of a default or any other <br />uefense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the llOtlce, <br />Lender, at its oplion. may mj~lire immediate payment in full of n:: sums sccm'ed by this Security Instrument without <br />further demand and may invnke the power of sale and any other remedies permitted by applicahle law. Lender shall he <br />entitled to collect all expenses incurred in pursuing the remedies provided in this parag~-aph 21. including, but not limited <br />to, reasonable attorneys' fees and cos~s of title evidence. <br />If the power of sale is invoked. Trustee shall record a notice of deflluU in each county In which any part nf the <br />Property is located and shall mail copies of such notice In the manlier iJrcscribed hy applicahle law to UorrelWer and to <br />the other persons prescrihed hy applicable law. After the time required by applicahle law, Trustee shall gi't'e puhlic notice <br />of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand elll Burrower, shull sell <br />the Property at public auction to the high..'St bidder at the time and plpl'e and under the terms designated in the notlee of <br />sale in one or more parcels and in any order Trustee determine!', Trustee may postpone sale of all Of any parcel of the <br />Property hy public annoullcement at the time and place of any previously scheduled sale. Lender or its designee may <br />purchao.;c the Property at any sale. <br /> <br />Form 3028 9/90 <br /> <br />r.o' 5 of 6 <br /> <br />