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2063110.13
<br />18. Transfer of the Properrl(yy or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the
<br />Property" means any legal or beneficialinterest in the Property, including, but not limited lo, those beneficial interests transferred in
<br />a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by
<br />Borrower at a future dale to a purchaser.
<br />If all or any part of the Property or any Interest in the Property is sold ortransferred (or if Borrower is not a natural person and a
<br />beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment
<br />in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is
<br />prohibited by Applicable Law.
<br />It Lender exercises this option, Lender shall give Borrower notice of acceleration. 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
<br />this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may Invoke any remedies
<br />permitted by this Security Instrument Without further notice or demand on Borrower.
<br />19. Borrower's Rlght to Reinstate After Acceleration. If Borrower meets certain conditions. Borrower shall have th
<br />right to have enforcement o this Security Instrument discontinued al any time pprior to the earliest of (a) five days before sale of thr
<br />Property pursuant to any power of sale contained in this
<br />only Instrument; (b) such other period as Applicable Law might sppeclty
<br />for the termination of Borrower's right to reinstate; or (c) entry of s Judgment enforcing this Securty Instrument. Those condflions
<br />are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as iF no
<br />acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing
<br />this Security Instrument, including, but not limited to, reasonable attorneys' teas, property inspection and valuation fees, and other
<br />fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) taker
<br />such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Securlt!
<br />Instrument, and Borrowers obligation to pay the sums secured by this Security Instrument, shall continue unchanged Lender may
<br />require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as seceded by Lender: (a;
<br />cash; (b) money order, (c) certBied check, bank chock, treasurer's check or cashiers check, provided any such check is drawn
<br />upon an instiWtion whose deposits are insured by a federal agency, instrumental%, or entity; or (d) Electronic Funds Transfer. Upor
<br />reinstatement by Borrower this Security Instrument and obligations secured hereby shall remain fully effective as it no acccerahor
<br />,
<br />had occurred. However, Ihis right to reinstate shall not apply in the case of acceleration under Section 18,
<br />20. Sale of Note; Change of Loan Serviceri Notice of Grievance. The Note or a partial interest in the Note (together
<br />with this Security Instrument) can ba sold one or more times without prior notice to Borrower. A sale might result in a change in the
<br />entity (known as the "Loan Servicer') that collects Periodic Payments due under iha Nate and this Secuny Instrument and performs
<br />other mortgage loan servicing obligations under the Note, this Securll Instrument, and Applicable Law. There also might be one or
<br />more changes of the Loan Servicer unrelated to a sale of the Note. I�Ihere is a change of the Loan Servicer, Borrower will be given
<br />written notice of the change which will state the name and address of the new Loan Servicer, the address to which ppayments should
<br />be made and any other Information RESPA requires in connection wlth a notice of transfer of servicing. If the Nole is sold and
<br />thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to
<br />Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note
<br />purchaser unless otherwise provided by the Note purchaser.
<br />Neither Borrower nor Lender may commence, loiq or be joined to any judicial action (as either an Individual litigant % ar
<br />member of a class) that arises from the other party's actions pursuant io this Security Instrument or that alleges that the other party
<br />has breached any provision of, or any dNy owed by reason of, this Security Instrument, until such Borrower or Lender has d theedi other
<br />other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach end afforded the other
<br />party hereto a reasonable period after the giving of such notice to take corrective action. It Applicable Law provides a time period
<br />which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this
<br />paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of
<br />acceleration given to Borrower pursuant to Section 18 shall he deemed to satisfy the notice and opportunity to take corrective action
<br />provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: Sa) "Hazardous Substances" are those substances defined as
<br />toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other
<br />flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
<br />formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property
<br />is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup includes any response action,
<br />remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition' means a condition that
<br />can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten
<br />to release any Hazardous Substances, on or in the Progeny. Borrower shall not do, nor allow anyone else to do, anything affecting
<br />the Property a) that is in violation of any`J Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the
<br />presence, use, or release of a HdZdMOUS Substance, creates a condition that adversely affects the value of the Property. The
<br />preceding iWO sentences shall not apply io the presence, use, or storage on the Property of small quantities of Hazardous
<br />Substances that are generally recognized to bo appropriate io normal residential uses and to maintenance of the Property (including,
<br />but not limited to, hazardous substances in consumer products}
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any
<br />governmental or regulatery agency or private party involving the Progeny and any Hazardous Substance or Environmental Law of
<br />which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge,
<br />release or threat of release of any Hazallous Substance, and (c) any condition caused by the presence, use or release of a
<br />Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or
<br />rte essary, aBornoWeroshally Porn to pt ke a l nocnessamorem d alhact onsen acco dance wt haEnvkonmenlal LawieNlothing herein ana1ll
<br />create any obligation on Lender for an Environmental Cleanup.
<br />NON -UN I FORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
<br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under
<br />Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action
<br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by
<br />which the default must be cured; and (d) that failure to cure the default On or before the date specified in the
<br />notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The
<br />notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court
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