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g00304M <br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the, Property" means <br />any legal or beneficial interest in the Property, including, but not limited lo, those beneficial interests combined in a bond for deed, contract <br />for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a <br />purchaser. <br />If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and <br />a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in <br />full of all sumasewned by this Security Instrument However, this option shall not be exercised by Lender if such exercise is prohibited <br />by Applicable Law. <br />If Lender exercises this option, Lender shall give Borrower notice efaeeeleration. The notice shall provide a period of not less <br />than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this <br />Security Instroment. IlBorrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted <br />by this Security Instrument without further notice or demand on Borrower. <br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to <br />have enforcement of this Security Instrument discontinued at arty time prior W the earliest of: (a) five days before sale of the Property <br />pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specity for the <br />termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument Those conditions are that <br />Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; <br />(b) ogres any default utility other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, <br />but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting <br />Lender's interest in the Property and rights under this Security Instrument; and (d) lakes such action as Lender may reasonably require to <br />assure that Lender's nuclear in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums Semite <br />by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one <br />or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, hank check, treasurer's check or <br />cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or <br />entity, or (d) Electronic Funds Transfer, Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall <br />remain fully effective as if no acceleration had occurred. However, this right W reinstate shall not apply in the one of acceleration under <br />Section 18. <br />20. Sale of Note; Change of Loan Servimer; Notice of Crievance.'I he Note or a partial interest in the Note (together with this <br />Secmdty Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known <br />as the`T.oan Servieer') that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan <br />servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes oflhe Loan <br />Smicet wrodated to a sale of tire Note Ifthere is a change of the Loan Sweeter, Borrower will be given written notice of the change which <br />will state the name and address of the new loan Sco icer, the address to which paynhects should be made and any oilier information KESPA <br />requires in connection with a notice ofteansfer of servicing. If the Note is sold and thereafter the Lawn is serviced by a Loan Service, other <br />than the purchaser of the Note, the mortgage ban servicing obligations to Borrower will remain with the Loan Servieer or be transferred <br />to a soceessor Liman Service, and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the <br />member of a class) that arises from the other party's actions pursuant W this Security Instrument or that alleges that the other party has <br />breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other <br />party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto <br />a reasonahlc period after the giving of ouch notice to take corrective action. If Applicable Law provides a time period which must elapse <br />before certain action can be taken, that time period will be deemed W be reasonable for purposes of this paragraph. The notice of <br />acceleration and opportunity to cure given W Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant <br />to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions oftlhis Section 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are these substances defined as toxic or <br />hazardous substances, pollutants, or wastes by Environmental Law and the following substances gasoline, kerosene, other flammable or <br />toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive <br />materials; (b) `Envirosamented Lav" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety <br />or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined <br />in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an <br />Environmental Cleanup. <br />Borrower shall out cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to <br />release any I licentious Substances, on or in the Properly, Borrower shall not do, nor allow anyone else to do, anything affecting the Property <br />(a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, <br />or release ofa Hazardous Substance, creates a condition that adversely affects the value oftihe Property. The preceding two sentences shall <br />not apply to the presence, use, or storage on the Property of smal l quantities of Hamrdous Substances that are generally recognized to be <br />appropriate to annual residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer <br />products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any <br />governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law ofwhich <br />Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release <br />or threat ofrelease of any Hazardous Substance, and (c) any condition caused by the presence, use or release ofa Hazardous Substance <br />which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any <br />private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall <br />promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create., any obligation on Lender <br />for an Environmental Cleanup. <br />NON - UNIFORM COVENANTS. Borrower and Lender hither covenant and agree as follows: <br />22. Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleration following Borrower's breach of <br />any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law <br />provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default-, (e) a date, not less than <br />30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default <br />on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale <br />of like Property. The notha shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court <br />action to assert the non - existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured <br />on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this <br />Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable <br />Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but <br />not limited to, reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property <br />is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to the other persons <br />prescribed by Applicable Law. After the time required by Applicable l.aw,'1'ounce shall give public notice of sale to the persons <br />and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction <br />Page 6 of 7 <br />W, Inc, - Iell) 'o Is, <br />Borrowers) Initials <br />