<br />17. 'Tra~l$fer of the I)-fopert)' or u lle.ucficiul Jutercst i{l BOlTower, If all or mlj part of fl:c propcny or any lnlcrcs! ill it
<br />is sold or transferred (or if a beneficial illWCS[ in norrov.:er is sold. or ~rill1sfcrred and Borro.wer 1$ 11(~t an~lt\lral person) WlthO~t
<br />Lender'S prior writt~n consent, ~end~f may, at Its Opti011,. reqUlre nfrrne.d13re p~Ylj?em J~. f~ll ot ,;!! "U?1S seC\-l:ed by 11m
<br />SecuritY 111Strufl},f,IlL Howc:ver, uns OpUOIl shall not be e;-;:erclsed by l.ender If Ci\-erC1SC IS proll1blted by Ieder,ti law as of the dale
<br />of this Security h1Strum~nL -
<br />If Lender exercises Ibis option, Lender shall give Borrower notice of acceleraTion. The nodce shall provide a period of not
<br />less thall 30 days from the datE [he notice is delivered or, mailed with~n ,:,hich B~rrow(:r must pllY all S~I1lS secured by t~is
<br />security InstnunenL lf Borrowc-r fails t? pay illese $1l111S 'pilor to the expIT<'lnOn of tlns penod, Lender may IJlvoke any remedIes
<br />permitted by this Sccmity InStl1.1ffient wuhour furtber nonce Qr demand ?J:l Borr~,:er. .
<br />18. Borrower's Right to Reiul)tate. If Bortower :mcets certaU1 eondmon5, Borrower shall have the nght to have
<br />enforcement of illis Security Instrun1ent discoDtinued at any time plior to the earlier of: (a) 5 days (or such other period as
<br />applicable law 111.2Y spe(:ify for reinstatement) before sale of the Property pursuant to any power of sale contained i11 this
<br />Si;:curity InsLl:Umem; or (b) entry of a judgment enforcing thi$ security InsLDlmenL 1110se conditi01l.S are that Borrower: (a) pays
<br />Lender all sl,lll1S which then would be due under [his SecUlicy Instrument and the Note as if no accderation hrtd occurn:d; (b)
<br />cures any default of ;lllY other covenants or agreements; (c) pays all expenses illcurred in cnforcine this Security Instrurnem'-,
<br />including, but not limited to, reasollable anoII1CYS' fees; :llld Cd) takes such action as Lender may reasonably rl;iquire w asSl.Ue
<br />that the lien of this Security lnsCffiment, Lender's rights in the property and Borrower's obligation to pay.the SUIIl:; secured by
<br />this Security lnstI'Uwencshall cOXl,tinue unchanged, Upon r~iI1statcmenc by Borrower, this Security l11stnlIllcut lllld The
<br />obligations secured hereby shall :remain fully effective as if no acceleration had occurred. However, thiS right to reinstate shall
<br />not apply in the case of acceleration under paragrap1117.
<br />19. Sule of Note; Change of Loan Servicer. 1111': Notc or a partial interest in the Note (together with this Security
<br />Instrument) lllay he sold one or Inore times wimou-t prior notice to Bon'ower. A swe may result in $. change in th~ Mtity (known
<br />as the "Loan Servicer") that collectS monthly payments due under Ibe Narc and !his Security InSlTIlmem. There also may be one
<br />or more changes of rhe Loan Servic~r unrelated to a sale of the Note. If there is a change of the Loan Stryker, Borrower will be
<br />given written norice of the change in accordance with paragl'aph 14 above and applicablE': law. TIte notice will srate the Dame and
<br />ado.ress of the pew Loan Servicer and (he address to which payments should be made. The notice will also contain. my other
<br />infonnation required by applicable law,
<br />20. Hazardous Subsbm<:es. Bonowe:r shall not cause or pennit the presence, use, disposal, STOrage, or release of any
<br />Hazardous Substances on or ill the Propeny. Borrower shall nm do, nOr allow anyone else IO do, anything affecting the
<br />Property that is in violatiOI'l of any EpvirOIllTIental Law. The preceding twO sentences sh!illl not apply to the presence, use, or
<br />storage on me Propcny of small qWlIltities of Hazardous Substances that ate generally recognized to be appropriate to normal
<br />residential uses 2nd to maintenance of the Property.
<br />Borrower shall prornptly give Len.der written notice of any investigation, cl2im, denlillld, lawsuit or other action by llllY
<br />governr.nental or regullltOr)' agency or private party involving the Property and fillY Hazardous Substance OJ; Environmental Law
<br />of whiCh Borrower has actual knowledge. If Borrower learns, or is .lIOtitkd by allY ;;over:mnental or rcg\-llarory authority, thaI
<br />any removal or other remediation of any Hazardous Substance affecting the Property is l1ecessary, BOlTower shall prmnptly (ske
<br />all necessary remedial actions in ar;:cordance with Environmental Law.
<br />As used in thiS paragraph 20, "Hazardous SubstanCes" an: (hose substances defIned as toxic or hazQJ'dous substances by
<br />EnvirollInental Law and we following substances: g,tSoline, kerosene, Qther flammable or toxic perroleum products, lOxic
<br />pesricid~s and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in
<br />this paragwph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is locateu thac
<br />relate to health, safety or cnviro.nmenralprorcction. ,
<br />NON-UNIFORM COVENANTS. Borrower ami Lencler further covenant and agree as follows:
<br />21. Acceleratiou; Remedir;-s.'L81der ShRU give llotice to :BotT()wer prior to acceleration following Borrower's breach
<br />of any covena.tl.t or af,'Teement in this Se<:urity Instrument (but not prior to acceleration under paragraph 17 Ul1less
<br />applieable law provides othcrw:i$e). 'the notice shall specify; '(a) the default; (b) tb.e actlon required to cure the default;
<br />(c) a date, not lFBS than 30 days itom the date the notice is given to I~orrower, ):Jy which the def<lult must be curedi and
<br />(d) that fail ore to cure the default on or before the date specified in the Mti<:e may result ,in acceleration of the sums
<br />secured by this Security Instrument and sale of the Property. The notice sh$lI further info:rxn Borrower of the I'ight to
<br />reinstate aftel' acceleration and the right to bring a court :1ctr()n to assert the non-existelJce of a default or any other
<br />defense of Borrower to acceleration and sale. If the defawt is not curd (III or before the (late specified in the Dotke,
<br />Lender, fl.t its option, Way require immediate payment in full of all suws secured by this Security Instrument without
<br />further demand and may invoke tJ1e power of sale and any other remedies pcm:ritted by applic:uhle law. Lender shall be
<br />entitled to collect all el'penses incurred in pursuing the remedil'S provided in this paragraph 21, llndudiog, but not limited
<br />to, relisonable attorneys' fees and I;OSts of title evidenc:c.
<br />If the power of sale is invokedJ Trustee sb,31I record a notice of default in each cOlmty in wbjch any part of the
<br />Pl^operlY is located unci shall maiJ copies of such nodce in the mauner prescribed by applicable law to Borrower and to
<br />the otber peI'solls prescribed by applicabk law. After the time required by applicable lawJ Trustee shall give public notice
<br />of sale t() the persons aud in the JUilllllEr prescribed by applicable law. Trustee; without demaud Oll :Borrower, shall sell
<br />tbe Property at public auction to the highest bidder at the timl'l and place and Ullder the tenus designated in the notice of
<br />sale ill ()ne or more parc~15 und in arty order 1)-ustee determines. l)'l,l:;itee may postpOlJ1; sale of all or \lIlY parcel of the
<br />Property by public announcement at the tim~ and place of any previously scheduled sale. Lender or its designee W<lY
<br />purchase the Property at any sale.' .
<br />
<br />200609362
<br />
<br />Pogo S of /;
<br />
<br />Form 3028 SJlpp
<br />lnjl:j.a[B~~JE:'
<br />Loan No. 641,2046-1879 C.C". M.'.
<br />
<br />~ -6H(NE) (9403).01
<br />@
<br />TONES (04)02)04) PC
<br />
|