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<br />200606973 <br /> <br />IS. Governing Law-, Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in <br />which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, <br />such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting <br />provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be given one conformed copy ofthe Note and of this Security Instrument. <br />17. Transfer ofthe Property or a Beneficial Interest in Borrower. IfaIl or any part of the Property or any interest <br />in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's <br />prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, <br />this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than <br />30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If <br />Borrower fails to pay these sums prior to the expiration ofthis period, Lender may invoke any remedies permitted by this Security Instrument <br />without further notice or demand on Borrower. <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this <br />Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period) as applicable law may specify for <br />reinstatement) before sale of the Property pursuant to any power of sale contained in this Security 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 ifno acceleration had occurred, (b) cures any default of any other covenants or agreements; (c) pays all <br />expenses incurred 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 of this Security Instrument, Lender's rights in rop~ and Borrower's obligation to <br />pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatemen rrower, this Security Instrument and <br />the obligations secured hereby shall remain fully effective as if no acceleration had occurred. , this right to reinstate shall not apply <br />in the case of acceleration under paragraph 17. <br />19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in t <br />be sold one or more times without prior notice to Borrower. A sale may result in a cha <br />collects monthly payments due under the Note and this Security Instrument. There also m be one or <br />unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borr ",t!twill be given written n <br />with paragraph 14 above and applicable law. The notice will state the n address of the new Loan S <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 p sence, use, disposal, storage, or re <br />Substances on or in the Property. Borrower shall not do, nor allow anyone 0, anything affecting the Prop <br />any Environmental Law. The preceding two sentences shall not apply to the p or storage on the Prop of small quantities of <br />Hazardous Substances that are generally recognized to be appropriate to normal resl es and to maintenance of the Property. <br />Borrower shall promptly give Lender written noti e of any investigation, clai d, lawsuit or other action by any governmental <br />or regulatory agency or private party involving the Prop d any Hazardous Subs Environmental Law of which Borrower has <br />actual knowledge. If Borrower learns, or is notified by an ernmental or regulatory a that any removal or other remediation of <br />any Hazardous Substance affecting the Property is necessary, Shall promptly take al remedial actions in accordance with <br />Environmental Law. <br />As used in this paragraph 20, "Hazardous Substan <br />Environmental Law and the following substances: gasoline, k <br />herbicides, volatile solvents, materials . ing asbestos or fo <br />"Environmental Law" means fi 'lllws of the juris <br />environmental protection. <br />NON-UNIFORM COVENAN d agree as follows: <br />21. Acceleration;Re give notice to Bo .o'j,' prior to acceleration following Borrower's breach of any <br />covenant or agreement in this S but not prior to acceleration under paragraph 17 unless applicable law provides <br />otherwise). The notice shall specify: ( required to cure the default; <br />(c) a date, not ays from orrower, by which the default must be cured; and <br />(d) that failu lt on or ate Specl the notice may result in acceleration of the sums <br />secured by this ecurity Ins eclosu cial proceeding and sale ofthe Property. The notice shall further inform Borrower of <br />the right 'nstate after acceler d the rig 'n court action to assert the non-existence of a default or any other defense of <br />Borro eleration and sale. efault is on or before the date specified in the notice, Lender at its option may require <br />imm ent in full of all sums by this . ... rity Instrument without further demand and may invoke the power of sale and any <br />other remedies.i .'. itted by applicable Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in <br />this paragraph 21 ,including, but not limi , reasonable attorneys' fees and costs of title evidence. <br />If the power ofsale Is Invoked, T shall record a notice of default in each county in which any part ofthe Property is located and <br />shall mail copies of suchnl)tice in the er prescribed by applicable law to Borrower and to the other persons prescribed by applicable <br />law. After the time requi . e law, Trustee shall give public notice of sale to the persons and in the manner prescribed by <br />applicable law. Trustee, with 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 th ce of sale in one or more parcels and in any order 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 /> <br /> <br />with this Security Instrument) may <br />.,WD as the "Loan Servicer") that <br />anges of the Loan Servicer <br />the change in accordance <br />d the address to which <br /> <br /> <br /> <br />deriyfH as toxic or hazardous substances by <br />ic petroleum products, toxic pesticides and <br />yde, and r lve materials. As used in this paragraph 20, <br />where the Property is located that relate to health, safety or <br /> <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the <br />Trustee's deed shall be prima facie evidence or the truth or the statements made therein. Trustee shall apply the proceeds of the sale in the <br />following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment ofthe Trustee's fees actually <br />incurred, not to exceed 3.000% of the principal amount of the note at the time of the declaration of default, and reasonable 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 /> <br />Indebtedness secured by this security instrument is subordinate to the lien of any senior line holder. "Notwithstanding Lender's right to <br />invoke any remedies hereunder, as provided in paragraph 7 above, the Lender agrees that it will not commence foreclosure proceedings or <br />accept a deed in lieu of foreclosure, or exercise any other rights or remedies hereunder until it has given the senior lien holder at least 60 <br />days' prior written notice. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 23 <br />including, but not limited to, reasonable attorney's fees and costs of title evidence. <br /> <br />5GA <br />