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<br /> <br /> <br /> <br /> <br /> <br /> <br /> 94- 103600 <br /> 17. Transfer of the Property or a Beneficial Intermit in Borrower. If all or any part of the Property or any interest in it <br /> is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without <br /> Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this <br /> Security Instrument. However, this option :,hall not be exercised by Lender if exercise is prohibited by federal law at of the date <br /> of this Security Instrument. <br /> It 'Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not <br /> less titan 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this <br /> Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies <br /> permitted ~y this Security Instrument 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 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 Instnument. Those conditions are that Borrower: (a) pays <br /> Lcnder all sums which then would be due under this Security Instrument and the Note as if 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 riot 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 cunt nue unchanged. Upon reinstatement by Borrower, this Security Instrument and the <br /> obligations 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. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security <br /> lnstrurnent) 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 Serviccr") 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 ti 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 /> address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other <br /> 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 ~r in the Property. Borrower shall not do, nor allow anyone eisc 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 normal <br /> residential uses and to maintenance of the Property. <br /> Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuil or oncer action by any <br /> governmental or regulato Y agency or private party involving the Property and any Hazardous Substance or Environmental taw <br /> of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that <br /> any removal or other remediation of any Hazardous Substance affecting th-, Property is necessary, Borrower shall promptly take <br /> 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 by <br /> Environmental Law and the following substances: gasoline, kerosene, other fhnun.able or toxic petroleum products, toxic <br /> pesticide, and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive. nta!crials, Ax u-ced in <br /> this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that <br /> relate to health, safety or environmenta! protection. <br /> NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follnws: <br /> 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach <br /> of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 tmile%% <br /> applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; <br /> (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must he cured; and <br /> (w) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums <br /> secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to <br /> reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other <br /> defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, <br /> Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without <br /> further demand and may invoke the power of sale and any nthz-. remedies permitted by applicable law. Lender shall he <br /> entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited <br /> to, reasonable attorneys' re--s and costs of title evidence. <br /> If the power of sale is invoked, Trustee shall record a notice of default in each county ;n which any part of the <br /> Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to <br /> the other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice <br /> of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell <br /> the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice a►f <br /> sale in one or more parcels and in any order Trustee determines. 'T'rustee may postpone sate of all or any parcel of the <br /> Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may <br /> purchase the Property at any sale. <br /> Form 3028 9190 <br /> ! rga 5 0! 8 <br /> r <br />