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<br />200600441 <br /> <br />DOC ID #: 00012396471312005 <br />If all or any part of the Property or any Interest in the ProPQ11y is sold or transferred (or if Borrower is not <br />a nat~lral person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written <br />consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. <br />However, this option shall not be ex{:rcised by Lender if such exercise is prohibited by Applicable Law. <br />If Lenden;o;XI:rcises this option, Lender shall give Borrower notice of acceleration. The notice shall <br />provide a period of not less than 30 days from the date~ the notice is given in acco~dance with Section 15 <br />within Wllich Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these <br />sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security <br />Instrument without fUlther notice or demand on Borrower. <br />19. Borrower's Right to Reinstlltj: After Acceleration. If Borrower meets certain ~onditions, Borrower <br />shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the <br />earliest of: (a) five days before sale of the Prope11y pursuant to any power of sale contained in this Security <br />Instrument; (b) slli:h other period as Applicable: Law might specify for the termination of Borrower's right to <br />reinstate; or (e) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: <br />(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 dl~jhult of any other covenants or agreements; (c) pays all expenses <br />incurred in enforcing this Secwity Instrument, including, but not limited to, reasonable attorneys' fees, <br />, propl~lty inspection and valuation fces, and other fees in<:urred for the purpose of protecting Lender's interest <br />in the Pmpel1y and rights under th[s Sellll'ity Instrument; and (d) takes su(;h aetion as Lender may reasonably <br />require to lissure that Lender's intere:;t in the Property and rights under this Security Instrument, and <br />BQITo'w<:r's obligation to pay thl:' sums secun:d by this Security Instrument, shall continue unchanged. Lender <br />may r.:quire thaI Borrower pay such reinstatl;ment sums and expcnses in one or more of the following forms, <br />as selected by Lender: (a) cash; (ll) money order; (c) certified "heck, bank check, treasurer's check or cashier's <br />check, provided any snch cl'.cck is drawn upon an institution whose deposits are insured by a federal agency, <br />\ instrumentality or entity; or (d) E\iectronic rtinds Transfer. Upon reinstatement by Borrower, this Security <br />Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. <br />However, this right to reinstate shaJI not apply in the ease of accl:leration under Section 18. <br />20. Sale of Note; Challtgr. of Loan S'crvku; Notice of-Grievlhnce. The Note or a partial interest in the <br />Note (together with this Security lnslrumtmt) can be sold one or more times without prior notice to Borrower. <br />A sale might result in a change in Hw entity (known as the "Loan Servicer") that coIJects Periodic Payments <br />due under the Nok und this Sr.,curhy Instl'llITlent ,md performs other mortgage loan servicing obligations under <br />thle Note, this S{Jcurity Instl'ument, and Applic~ble Law. There also might be one or more changes of the Loan <br />Servicer unrelated to a sak of the Note. If there is it change of the Loan Servicer, Borrower will be given <br />written notIce of the chang(~ whidl will state the name and address of the new Loan Servicer, the address to <br />which payments should be made and allY otlu;:i information RESP A requires in connection with a notice of <br />transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the <br />purchaser of the Note, the mortgage lean 3ervicing obligations to Borrower will remain with the Loan Servicer <br />or be transferred to a SU(:cef;sor LOJ.tl Serdc,;:r and are not assumed by the Note purchaser unless otherwise <br />provided by th<: N()t,e purchaser. <br />Nr;ith(:r Bon,Mer lluf Lend,er may cumrlenc~;, join, Of be joined to any judicial action (as either an <br />individual litigani: or the rnember of a class) that arises from the other party's actions pursuant to this Security <br />Instt'lLmcnt or tlut allege,;; that the mileI' party has breal;hed any provision of, or any duty owed by reason of, <br />this Se,;urity Inslrumer.t, until such BOlTowe:r or Lender has notified the other party (with such notice given in <br />compliance with the requirmncnl:s \>1' Section 15) oJ'such alleged breadl and afforded the other party hereto a <br />reasonable perie.] after the giving of ,;uch noticl: to tab corrective action. If Applicable Law provides a time <br />period \\.hich mllst elapse br;:fmc l:cltain aetion Gan be tab:~n, that time period will be deemed to be reasonable <br />for purposes of this paragraph. The nl)ti<::~ of atcderation and opportunity to cure given to Borrower pursuant <br />to Sedion 22 cmd the notice of :lccderatlon given to Borrower pursuant to Section 18 shall be deemed to <br />satisfy the notice and opportunity to take corrective actioll provisions ofthis Section 20. <br />21. Hazllnlmus Sl.lbstalllC'ilS. As used in thi~~ Section 11 : (a) "Hazardolls Substances" are those substances <br />defintd as toxic or hazardous substance(l, pollutants, or wastes by Environmental Law and the following <br />substances: gac;olille, keroser:e, Q;:her flammahle or tqxic petroleum products, toxic pesticides and herbicides, <br />volatile sclvents, materia];,; c01;Iaining :lsbestos or formaldehyde, and radioactive materials; (b) <br />"Environmental Law" means federalla\}ls and Iuws of the jurisdiction whbrc the Property is located that relate <br />to health, safety or environmental prowction; (c) "Environmental Cleanup" includes any response action, <br />remedi;:,! action. (JI' removal action, ;w defined in Environmt:ntal Law; and (d) an "Environmental Condition" <br />mean;; 3. (:ondition that ean caw.t:, tu,ltrihutc to, or otherwise trigger an Environmental Cleanup. <br />BI)ITlJwt:r ::;hatl. not Cill.lSe or pen-nit the prescw;e, use, disposal, storage, or release of any Hazardous <br />Substances, or threaten to rdease $ny Hazardous Substanoes, on or in the Property. BOlTower shall not do, nor <br />allow anyop.e else to do, anything affeGting the Pwperty (a) the'! is in violation ofany Environmental Law, (b) <br />which creat.:s an Environmental Condition, or (0) whidl,. due to the presence, use; or release of a Hazardous <br />Substance, creah~,: a condition that adwr:sely aft'e,cts the value of the Property. The preceding two sentences <br />shalll10t apply to the prcscnc,~. lise, or stomgt on the Property of small quantities of Hazardous Substances <br />that are generally recog.nized to b0 appropriate to normal residential uses and to maintenance of the Property <br />(inchJding, but not lilnited to, haul:'dous substallces in consumer produ.c:ts). <br /> <br />~. uM.(NEl ((MOT' <br /> <br />CHL ((\8105) <br /> <br />Pane 9 of 11 <br /> <br />Form 3028 1/01 <br />