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<br />e <br /> <br />e <br /> <br />200603291 <br /> <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrowcr shall have the right to have enforcement of this <br />Sccurity Instrumcnt discontinued at any time prior to the earlier of: (a) 5 days (or such other period) as applicable law may specity for <br />reinstatement) before sale of the Property pursuant to any power of sale contained in this Sccurity Instrument; or (b) entry of a judgment <br />enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this <br />Security Instrument and the Note as if no acceleration had occurred, (b) cures any default of any other covenants or agreements; (c) pays all <br />expenses incurrcd in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as <br />Lender may reasonably require to assure that the lien ofthis Security Instrument, Lcndcr's rights in the Property and Borrower's obligation to <br />pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatcment by Borrower, this Security Instrument and <br />the obligations secured hereby shall remain fully effective as ifno acceleration had occurred. However, this right to rcinstatc shall not apply <br />in thc casc of accclcration undcr paragraph 17. <br />19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrumcnt) may <br />be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as thc "Loan Servicer") that <br />collccts monthly paymcnts duc under the Note and this Security Instrumcnt. There also may be one or more changes of the Loan Scrviccr <br />unrelated to a sale ofthe Note. Ifthere is a change of the Loan Servicer, Borrower will be given written notice ofthc change in accordance <br />with paragraph 14 abovc and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which <br />payments should be made. The notice will also contain any other information required by applicable law. <br />20. Hazardous Substances. Borrower shall not cause or permit the presencc, usc, disposal, storage, or release of any I I azardo us <br />Substances on or in the Property. Borrower shall not do, nor allow anyonc clse to do, anything affecting the Property that is in violation of <br />any Environmental Law. The preceding two sentences shall not apply to the prcscncc, use, or storage on the Property of small quantities of <br />Hazardous Substances that are gcncrally recognized to be appropriatc to normal rcsidential uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, dcmand, lawsuit or other action by any governmental <br />or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has <br />actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of <br />any Hazardous Substance affecting the Property is necessary, Borrower shall promptly takc all necessary remedial actions in accordance with <br />Environmental Law. <br />As uscd in this paragraph 20, "Hazardous Substances" are those substances derived as toxic or hazardous substances by <br />Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and <br />herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, <br />"Environmcntal Law" mcans federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or <br />environmental protection. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />21. Acceleration; Remedies. Lender shall give noticc to Borrowcr prior to acceleration following Borrower's breach of any <br />covenant or agreement in this Security instrument (but not prior to acceleration undcr paragraph 17 unless applicable law provides <br />otherwise). The notice shall specifY: (a) the default; (b) the action required to cure the default; <br />(c) a date, not less than 30 days from the date the notice is given to Borrowcr, by which the default must be cured; and <br />(d) that failure to cure the default on or before the date spccificd in the notice may result in acceleration of the sums <br />secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Propcrty. The notice shall further inform Borrower of <br />the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any othcr defcnse of <br />Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require <br />immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any <br />other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing thc rcmcdics provided in <br />this paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. <br />Ifthe power of salc Is Invoked, Trustee shall record a notice of default in each county in which any part ofthc Property is located and <br />shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable <br />law. After the time required by applicable law, Trustee shall give public noticc of sale to the persons and in the manner prescribed by <br />applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and <br />under the terms designated in the notice of sale in one or more parcels and in any ordcr Trustee determines. Trustee may postpone sale of all <br />or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may <br />purchase the Property at any sale. <br />Upon rcceipt ofpaymcnt of the price bid, Trustee shall deliver to the purchaser Trustee's dced convcying the Property. The recitals in <br />the Trustee's deed shall bc prima facie evidence or the truth or the statements made therein. Trustce shall apply the proceeds of the sale in the <br />following order: (a) to all costs and cxpcnscs of exercising thc power of sale, and the sale, including the paymcnt ofthc Trustee's fees actually <br />incurred, not to exceed 3.000% ofthc principal amount ofthc note at the time ofthe declaration of default, and rcasonablc attorneys' fees as <br />permitted by law, (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. <br />Indebtedness secured by this security instrument is subordinate to the licn of any senior line holder. "Notwithstanding Lender's right <br />to invoke any remcdies hcrcunder, as provided in paragraph 7 above, the Lender agrees that it will not commcncc foreclosure proceedings or <br />acccpt a dccd in lieu of foreclosure, or exercise any other rights or remedies hereunder until it has givcn the senior lien holder at least 60 <br />days' prior written notice. Lendcr shall be entitled to collect all expenses incurred in pursuing the remedies providcd in this paragraph 23 <br />including, but not limited to, reasonable attorney's fees and costs oftitle evidence. <br />22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lcnder shall request Trustee to reconvey the <br />Property and shall surrender this Security Instrument and all notes evidencing debt securcd by this Security Instrument to Trustee. Trustee <br />shall rcconvcy the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall <br />pay any recordation costs. <br />23. Substitute Trustee. Lender, at its option, may from time to timc remove Trustee and appoint a successor trustcc to any Trustee <br />appointed hereunder by an instrument recorded in the countyin--Whtctr1his Security Instrument is recorded. Without conveyance of the <br />Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustcc herein and by applicable law. <br />24. Request for Notices. Borrowcr rcquests that copies of the notices of default and sale be sent to Borrower's address, which is the <br />Property Address. <br />