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<br />200605120
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<br />DOC ID #: 00013688674705006
<br />Ifall or any part of the Property or any Interest in the Propcrty is sold or transfcrred (or if Borrower is not
<br />a natural person and a beneficial interest in Borrower is sold or transfcrrcd) without Lender's prior writtcn
<br />consent, Lender may require immediate payment in full of all sums sccured by this Security Instrument.
<br />Ilowever, this option shall not be exercised by Lender if such cxcrcisc is prohibitcd by Applicablc Law
<br />If Lender exercises this option, Lcndcr 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 Section 15
<br />within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay thcsc
<br />sums prior to the expiration of this period, Lender may invoke any rcmcdies permitted by this Sccurity
<br />Instrument without further notice or demand on Borrowcr.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower
<br />shall have thc right to have enforcement of this Security Instrument discontinued at any time prior to the
<br />carliest of: (a) flvc days bcforc salc of the Property pursuant to any pow~r of sale contained in this Security
<br />Instrument; (b) such other period as Applicable Law might specify for the termination of fiorrower's right to
<br />reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:
<br />(a) pays Lcndcr 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
<br />incurred in enforcing this Security Instrument, including, but not limited to, reasonahle attorneys' fees,
<br />property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest
<br />in the Propcrty and rights undcr this Security Instrument; and (d) takes such action as Lender may reasonably
<br />require to assure that Lender's interest in the Property and rights under this Security Instrument, and
<br />Borrower's obligation to pay the sums secured 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 forms,
<br />as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's
<br />check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
<br />instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security
<br />Instrument and obligations secured hereby shall remain fully etfective as if no acceleration had occurred.
<br />.llowever, this right to reinstate shall not apply in the case of acceleration under Section 18.
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note Or a partial interest in the
<br />Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower.
<br />A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments
<br />due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under
<br />the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan
<br />Servicer unrelated to a sale of the Note. If there 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 thc new Loan Servicer, the address to
<br />which payments should be made and any other information RESPA 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 loan servicing obligations to Borrower will remain with the Loan Servicer
<br />or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise
<br />provided by the Note purchaser.
<br />Ncither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
<br />individual litigant or the member of a class) that arises from thc other party's actions pursuant to this Security
<br />Instrument or that allcgcs that thc othcr party has breached any provision of, or any duty owed by reason ot:
<br />this Security Instrument, until such Borrowcr or Lcndcr has notifled thc other party (with such notice given in
<br />compliance with the rcquirements of Section 15) of such alleged breach and afforded thc othcr party hcrcto a
<br />rcasonablc period after the giving of such notice to take corrective action. If Applicable 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 acceleration and opportunity to cure given to Borrower pursuant
<br />to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to
<br />satisfY the notice and opportunity to take corrective action provisions of this Section 20.
<br />21. Hazardous Substances. As uscd in this Scction 21: (a) "Hazardous Substances" are those substances
<br />deflned as toxic or hazardous substanccs, pollutants, or wastcs by Environmcntal Law and the following
<br />substanccs: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
<br />volatile solvcnts, matcrials containing asbcstos or formaldehydc, and radioactive materials; (b)
<br />"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate
<br />to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
<br />remedial aetion, or removal action, as denned in Environmental Law; and (d) an "Environmental Condition"
<br />mcans a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />Borrowcr shall not cause or permit the prescncc, usc, disposal, storagc, or release of any Hazardous
<br />Substances, or threaten to release any Hazardous Substanccs, on or in the Property. Borrower shall not do, nor
<br />allow anyonc c1se to do, anything aftceting thc Propcrty (a) that is in violation of any Environmental Law, (b)
<br />which creatcs an Environmcntal Condition, or (e) which, duc to thc prcscncc, use, or release of a Hazardous
<br />Substance, creates a condition that adversely affects the value of the Property. 'rhe preceding two sentences
<br />shall not apply to the presence, use, or storage on the Property of ~mall quantitie~ of Hazardous Substances
<br />that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property
<br />(including, but not limited to, hazardous substances in consumer products).
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<br />_ -6A(NE) (0407)
<br />
<br />CHL (08/05)
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<br />Paga g of 11
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<br />Form 3028 1/01
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