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<br />200601850 <br /> <br />DOC 1D #: 00012506320602006 <br />If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not <br />a natural person and a beneficial interest in Borrower is sold or transferred) without Lender'R prior wriUen <br />consent, Lendcr may require immediate paymeTll in full of all Rums Recured by thiR Security hlRtflllllenl. <br />However, this option Rhall not be eltercised by Lender if such eltercise is prohibited by Applicable Law. <br />If Lender exerciRCR this oplion, Lcnder 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 accordance with Seclion 15 <br />within which Borrower muSL pay nil sums secured by this SccUl'iLy InsLrument. If Borrower fails to pay these <br />SUIJIS prior Lo the expiration of this period, Lender may invoke any remedies pennilled by this Security <br />IIlf;lrument without fnrther nOlicc or demand on Borrower', <br />19. Hon'owcr's Right to Rcinstat.e Afh,'!" Accclcrathm. If Borrower meeLS ccrtain condiLions, 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 Property pursuant to any power of sale contained in this Security <br />Insll1nnent; (b) such other period as Applicable Law might spccify for the tellnination of Borrower's right to <br />reinstate; or (c) cntry of a judgmcm enforcing this SecuriLY Instrumcnt. Those conditions arc that Borrower: <br />(a) pays Lender all sums which then would be due undcr this Sccurity Instrument and the Note as if no <br />acceleration had occurred; (h) cures any defaull of any othcr covenanls or agrcemenLS; (c) pays all expenses <br />incurred in enforcing this Security Instrument, including, bul. not limitcd to, reasonable attorneys' fec!;, <br />property inspection and valuation fees, and other fees incurred for thc purpose of protecting Lcnder's interest <br />in the Property and rights under this Securil.y Instnllnent; and (d) takes such action as Lender mfly reasonably <br />require to a.<;sure that Lender's interest in thc Property and rights under this Security Jnstnunent, and <br />Borwwer's obligation to pay the sums !;ecured hy this Security tnsLnunent, shall continue unchanged. Lender <br />may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, <br />as selected hy Lender: (a) cash; (b) money order; (c) cerlified check, bank check, treasurer's check or cashier's <br />check, provided any such check is drawn upon an institution whose deposits lire insured by a fedeml agency, <br />instrumentality or entity; or (d) Elcctronic Funds Transfer. Upon reinstatement by Borrower, this Security <br />InsLllImcnt and obligations secured hercby shall remain fully effcctive liS if no accelcration had occurred. <br />However, this right to rcinsLate shall not apply in Ihe casc of accelcration under Section 18. <br />20. Salc of Notc; Change of Lmm Scrvicer; Notice of' Grievnncc. The Note or a partial inlerest in the <br />Note (together wilh this Security Instrument) can he sold one or more times without prior Il(ltice to Borrower. <br />A sale might resuIL in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments <br />due under thc Note and this Security Instrumcnt and perfonns other mortgage loan servicing obligations undcr <br />the Note, this SecuriLy Instrument, and Applicable Law. There also might be onc or more changes of the Loan <br />Scrvicer unrelated to a sale of (he Note. If there is a change or IIle Loan ServiceI', Borrower will be given <br />wriuen notice of the change which will slate the Ilame and address of the new Loan Servicer, the address to <br />which paymcnts should be made and tiny olher information RBSPA requires in connection with a noticc of <br />Lransfer of servicing. If (he Note is sold and (hereafter the Loan is serviced by a Loan ServiceI' other than the <br />purchaser of the Note, the mortgage loan scrvicing obligations to Borrower will remain wilh the Loan Servicer <br />or be Lransferred to II successor Loan Servicer and lire not assumcd by the Note p\lrchaser \lnles!; otherwise <br />provided hy Ihe Note purchaser, <br />Neithcr Borrower nor Lender may commencc, join, or be joined to any judicial action (as eithcr an <br />individual litigant or the member of a class) that arises from the othcr party's actions pursuant to thiR Security <br />Instrument or thm alleges that the other party has hreached allY provision of, or any duty owed by reason of, <br />this Sccurity Illstmment, until such Borrower or Lender has notified the other party (with such notice given in <br />compliance with the requiremenL<; of Section 15) of such alleged breach and afforded the other Ixu.ty hereto a <br />rcasonable period after Ihe giving of such notice to take corrcctive action. If Applicable Law provides a time <br />period which must elapse before certain action Clln be taken, that time period will be deemed to be reasonahle <br />for purposes of Lhis paragraph. The notice of acceleraLion and opportunity to cure given to Borrower pursuant <br />10 Scction 22 and the notice of acceleration given to Borrower pursullnt (0 Section 18 shall be deemed 10 <br />satisfy the noticc and opportunity to take corrective action provisions of this Section 20, <br />21. Hazardous Subsbtnccs. As used ill lhis Section 21: (a) "Hazardous SuhRtances" arc those substances <br />defined as toxic or hazardous substances, pollulants, or wa.<;tes by Environmcntal Law and the following <br />suhstances: gasolinc, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, <br />volatile solvents, materials containing usbestos or fOlmaldehyde, and radioactive materials; (b) <br />"Environmental Law" means federal laws and law!; of the jurisdiction where thc Property is located that relate <br />to health, safety or environmental protection; (c) "Environmental Cleanup" includes any responsc aCLion, <br />remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" <br />means a condition that can calise, contribute LO, or otherwise trigger an EnvironmClllul Cleanup, <br />Borrower shall not cause or permit Ihe presence, lise, disposal, storage, or relcasc of any HnzardOIlS <br />Substances, or threaLen LO release any Hazardous Substances, on or in the Property, Borrower shall nOI do, nor <br />allow unyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) <br />which creates an EnviromnenLul Condition, or (c) which, duc to the presence, use, or release of a Hazardous <br />Suhstance, creaLes a condition that adversely affects the value of the PropCrLy. Thc prcceding two sentences <br />shall not apply to the presence, use, or storage on the Property of small Quantities of Hazardous Substances <br />that are generally recognil'.ed to be appropriate to normal residelllial IIses and to maintenance of thc Property <br />(including, hut not limited to, hazardous substlmccR in consumer products). <br /> <br />_ -6A(NE) (0407) <br /> <br />CHL (08/05) <br /> <br />rage 9 or 11 <br /> <br />Form 3028 1/01 <br />