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<br />" <br /> <br />200600801 <br /> <br />ooc 10 #: 00012524951401006 <br />If all or any part of the Pmperty or any Interest in the Properly is sold or transferred (or if Borrower is not <br />a natural person and a beneficial interef>t in Borrower is sold or transferred) without Lender'f> prior written <br />consent, Lender may require immediate payment in full of all sums f>ecured by this Security Instrument. <br />However, this option shall not be exercif>ed hy Lender if f>uch exercise is prohibited by Applicahle Law. <br />If Lender exercises thif> option, Lender f>hall give Borrower notice of acceleration. The notice shall <br />provide a period of not Icf>s than 30 days fmm the date the Jlotice is given in accordance with Section 15 <br />within which Borrower must pay all sumf> secured by this Security Instillment. If Borrower fails [0 pay these <br />Sllms prior to the expiration of this period, Lender may invoke any remedief> permiued hy thif> Security <br />Inf>tmment without further notice or demand on Borrower. <br />19, Borrower's Right to Reinstutc After Accelerution. If Borrower meets certain conditions, Borrower <br />shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the <br />earlief>t of: (a) fivc daYf> before f>ale of thc Property pursuant to any power of sale containcd in this Security <br />Instrument; (b) such other peliod af> Applieahle Law might specify for the termination of B()lTower'f> right to <br />reinstate; or (e) entry of a judgment enforcing thif> Security Instrnment. Thof>e conditions arc that Borrower: <br />(a) pays Lender all sums which then would be due under this Secnrity Instrument ami the Note as if no <br />acceleration had occurred; (b) cures any default of any other covenants or agreements; (e) payf> all expenses <br />incurred in enforcing this Security Instrument, including, but not Iilnited to, reasonable auomeys' fees, <br />property inspection ami valuation fees, and other feef> incurred for the purpof>e of protecting Lender'f> interest <br />in the Property and rights under thif> Security Instnnnent; and (d) takes such action af> Lender may reasonably <br />require to assure that Lcnder's intcrest in the Property amI rights under this Security lnf>trument, and <br />Borrower'f> obligation to pay the sumf> f>eeured by this Security Instrument, shall continue unchanged. Lender <br />may require that Borrower pay such reinstatement sums and expenses in one or more of the following fonnf>. <br />as seleeted by Lender: (n) cash; (b) money order; (c) certified check, bank check, treaf>urer'f> check or cashier's <br />check, provided any such check if> drawn upon an inf>titu!ion whose depositf> are insured by a federal agency, <br />inf>trumentality or entity; or (d) Electronic Funds Transfer. Upon reinf>tatement by Borrower, this Security <br />!rmtrument and obligatiol\f> f>ecured hereby f>hall remain fully effective as if no acceleration had occurred. <br />However, thif> right to reinstate f>hall not apply in the case of acceleration under Section 18. <br />20, Sale or Note; Change of Loun Servicer; Notice or Gdevance. The Note or a partial interest in the <br />Note (together with thif> Security lnf>trument) can be sold one or more timef> without prior notice to Borrower. <br />A sale might lCf>ult in a change in the entity (known as the "Loan Servicer") that collectf> Periodic Payments <br />due under the Note and this Security Inf>trument and perfonns other mortgage loan servicing obligations under <br />the Note, this Security Instrument, and Applicable Law. There also might be one or more ehangef> of the Loan <br />ServiceI' unrelated to a f>ale of the Note. If there is a change of the Loan ServiceI', Borrower will he given <br />written notice of the change which will state Ihe name and address of the new Loan Servicer, the addresf> to <br />which payments should he made and any other information RESPA requiref> in connection with a notice of <br />transfer of servicing. If the Note if> f>old and thereafter the Loan is serviced by a Loan Servicer other than the <br />purchaser of the Note, the morlgage loan servicing obligations to Borrower will remain with the Loan Servicer <br />or be transferred to a SllcceSf>or Loan Servicer and are not assumed by the Note purchaser unless otherwif>e <br />provided by the Note purchaser. <br />Neither Borrower nor Lemler may commence, join, or be joined to any judicial action (as either an <br />individual litigant or the member of a class) that arisef> from the other party's actions pursuant to this Security <br />Instrument or that allegef> that the other party has breached any provision of, or any duty owed by reason of, <br />thif> Security Instrument, until such BOITower or Lender has notified the other party (with such notice given in <br />compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a <br />reasonable period after the giving of such notice to take corrective aclion. If Applicahle Law provides a time <br />period which must elapse before certain action can be taken, that time period will be deemed to be reasonable <br />for purposes of this paragraph. The notice of acceleratioll and opportunity 10 cure given 10 Borrower pursuant <br />to Section 22 and Ihe notice of acceleration given to Borrower pursuant to Section 18 f>hall he deemed to <br />satisfy the notice and opportunity to take corrective action provisiollf> of this Section 20. <br />21. Hazardous Suhstances. As uf>ed in thif> Sectioll 21: (a) "Hazardous Substancef>" are those substances <br />defined as toxic or hazardouf> f>uhstances, pollutanlB, or waf>tes by Environmental Law and the following <br />substances: gasoline, kerof>ene, other flammable or toxic petroleum prodncls, toxic pesticides and herhicidef>, <br />volatile f>olventf>, materials containing af>bestos or fOl1llaldehyde, and radioactive materials; (b) <br />"Environmental Law" means federal lawf> and laws of the jurif>diction where the Property is located that relate <br />to health, safety or environmental protection; (c) "Environmental Cleanup" ineludef> any response action, <br />remedial action, or removal action, af> defined in Environmental Law; and (d) an "Environmental Condition" <br />means a condition that can caUf>e, contribute to, or otherwise trigger an Environmental Cleanup. <br />Borrower shall not cause or permit the presence, lise, disposal, f>torage, or release of any Hazardouf> <br />Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor <br />allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, Ib) <br />which creates an Environmental Condition, or (c) which, due to the pref>ence, use, or release of a Hazardouf> <br />Substance, creates a condition that adversely affectf> the value of the Property. The preceding two sentencef> <br />f>hall not apply to the presence, use, or f>torage on the Property of small quantities of Hazardous Substances <br />that arc generally recognized to be appropriate to normal residential uses and to maintenance of the Property <br />(including, but not limited to, hazardollf> subf>tancef> in conf>umer products). <br /> <br />~ -6A(NE) (0407) <br /> <br />CHL (08/05) <br /> <br />Page 9 of 11 <br /> <br />Form 3028 1/01 <br /> <br />MSE <br /> <br />~ <br />