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<br />200610630
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<br />DOC ID #: 00015244167211006
<br />If all or any part ofthe 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 Borrowcr is sold or transferred) without Lender's prior written
<br />conscnt, Lender may require immediate payment in full of all sums sccurcd by this Sccurity Instrument.
<br />However, this option shall not be cxereised by Lender if such exercise is prohibited by Applicable Law.
<br />If Lendcr cxereiscs this option, Lender shall give Borrower notice of acceleration. The notice shall
<br />provide a period of not less than 30 days from the datc the notice is given in accordance with Section 15
<br />within which Borrower must pay all sums secured by this Security Instrument. I f Borrower fails to pay these
<br />sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
<br />Instrument without furthcr notice or demand on Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower mects ecrtain conditions, Borrower
<br />shall have the right to havc cnforccment 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 />Instrument; (b) such othcr pcriod as Applicable Law might specify for the termination of Borrower's right to
<br />reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:
<br />(a) pays Lender 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, reasonable attorneys' fees,
<br />property inspection and valuation fces, and other fces incurred for the purpose of protecting Lender's interest
<br />in the Property and rights under this Security Instrument; and (d) takcs such action as Lcnder may rcasonably
<br />require to assurc that Lcndcr's interest in the Property and rights under this Security Instrument, and
<br />Borrower's obligation to pay the sums secured by this Security Instrumcnt, shall eontinuc unchanged. Lcndcr
<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 arc insurcd by a fcdcral agency,
<br />instrumentality or cntity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security
<br />Instrument and obligations secured hereby shall remain fully effcctivc as if no acceleration had occurred.
<br />Ilowever, 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 />duc 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 />Serviecr 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 the 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 thereaftcr the Loan is serviccd by a Loan Servicer other than the
<br />purchaser ofthe Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer
<br />or be transferred to a successor Loan Serviecr and arc not assumed by thc Note purchaser unless otherwise
<br />provided by the Note purchaser.
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
<br />individual litigant or the member of a elass) that arises from thc other party's actions pursuant to this Security
<br />Instrument or that alleges that the other party has breached any provision of~ or any duty owed by reason of~
<br />this Security Instrument, until such Borrowcr or Lender has notified the other party (with such notice given in
<br />compliance with the requirements of Section 15) of such alleged breach and atlorded the other party hcreto a
<br />reasonable period after the giving of such notice to take corrective action. If Applicable Law providcs 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 givcn 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 used in this Section 21: (a) "Hazardous Substances" are those substances
<br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and thc following
<br />substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
<br />volatile solvents, materials containing asbestos or formaldehyde, 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" includcs any response action,
<br />remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition"
<br />means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
<br />Substances, or thrcaten to release any Hazardous Substances, on or in the Property. Borrowcr shall not do, nor
<br />allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b)
<br />which creates an Environmental Condition, or (c) which, due to the presence, usc, or release of a Hazardous
<br />Substance, creates a condition that adversely affects the value of thc Property. The preceding two sentences
<br />shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances
<br />that arc 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 />~ -6AINE) (0407)
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<br />CHL (08/05)
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<br />Page 9 of 11
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<br />Form 3028 1/01
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