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<br />200700020 <br /> <br />DOC ID #; 00015406425412006 <br />If all or any part of the 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 Borrower is sold or transferred) without Lender's prior written <br />consent, Lender may require immediate payment in filII of all sums secured by this Security Instrument. <br />1I0wever, this option shall not be exercised by Lender if such exercise is prohibited by ^pplicable Law. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall <br />provide a period of not less than 30 days from the date thc notice is given in accordance with Section 15 <br />within which 13orrower must pay all sums secured by this Security Instrument. If 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 further notice or demand on Borrower. <br />19. Borrower's Right to Reinstate After Acceleration. I f Borrower mects certain conditions, Borrowcr <br />shall have the right to have enforcement 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 Sccurity <br />Instrument; (b) such other period as ^pplicable Law might speeiry for the termination of Borrower's right to <br />reinstate; or (c) cntry of a judgment enforcing this Security Instrument. Those conditions are that 13orrower: <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 eovcnants or agrccments; (c) pays all expenses <br />incurred in enforcing this Sccurity Instrument, including, but not limited to, reasonable attorneys' fees, <br />property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest <br />in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonahly <br />require to assure that Lender's intercst in the Property and rights under this Security Instrument, and <br />Borrower's ohligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender <br />may require that 13orrower pay such reinstatcmcnt 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 herehy shall remain fully effective as if no acceleration had occurred. <br />Ilowever, this right to reinstate shall not apply in thc 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 morc 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 ohligations under <br />the Note, this Security Instrument, and Applicahle Law. There also might be one or more changes ofthe Loan <br />ServiceI' unrelated to a sale of the Note. If therc is a change of the Loan ServiceI', Borrower will he given <br />written notice of the change which will state the name and address of the new Loan ServiceI', the address to <br />whieh payments should bc madc and any other information RESPA requires in connection with a notice of <br />transfer of servicing. J f the Note is sold and thereafter the Loan is serviced by a Loan ServiceI' other than the <br />purchascr of the Note, the mortgage loan servicing obligations to 130rruwer will remain with the Loan Servi<:er <br />or be transferred to a su<:cessor Loan S<:rvi<:<:r and are not assumed by the Note purchaser unless otherwise <br />providcd by the Note purchaser. <br />Neith<:r Borrower nor Lender may commence, join, or be joined to any judicial action (as either an <br />individual litigant or the memher of a class) that arises from th<: other party's actions pursuant to this Se<:urity <br />Instrument or that alleges that the other party has breached any provision ot: or any duty owed by reason of: <br />this Security Instrument, until such Borrower or Lender has notifi<:d the other party (with su<:h noti<:<: giv<:n in <br /><:omplian<:e with the requirements of S<:ction 15) of such alleged breach and afforded the other party hereto a <br />reasonahle period after the giving of such notice to tak<: <:orredive action. If Appli<:able Law provides a timc <br />period which must elapse hefore certain action can be taken, that time p<:riod will be deemed to be reasonable <br />for purposes of this paragraph. The notice of ae<:eleration and opportunity to cure given to Borrow<:r pursuant <br />to Section 22 and the notice of acceleration given to Borrower pursuant to Sedion I S shall be deemed to <br />satisfy the noticc and opportunity to take corrcctive action provisions of this Section 20. <br />21. Hazardous Substances. As us<:d in this Section 21: (a) "Hazardous Suhstances" are those suhstances <br />dcfined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following <br />substances: gasoline, kerosene, other flammable or toxi<: petroleum products, toxic pcsticides and herbicides, <br />volatik solvents, matcrials containing ashestos or formaldehyde, and radioactive materials; (b) <br />"Environmental Law" m<:ans kderallaws 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 />rcmcdial action, or r<:moval action, as dcfined 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 threaten to release any IIazardous Substan<:es, on or in the Property. 130rruwer shall not do, nor <br />allow anyone else to do, anything aftecting the Property (a) that is in violation of any Environmental Law, (h) <br />which creates an Environmental Condition, or (c) which, due to th<: pr<:sen<:e, use, or release of a IIazardous <br />Substan<:<:, <:rcates a <:ondition that adversely affeds thc valuc of thc Propcrty. The pr<:<:cding two s<:ntenccs <br />shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances <br />that arc gen<:rally re<:ogniz<:d to be appropriat<: to normal residential us<:s and to maint<:nan<:e of the Property <br />(induding, but not limited to, hazardous substances in consumer products). <br /> <br />_ -6A(NE) (0407) <br /> <br />CHL (08/05) <br /> <br />Page 9 of 11 <br /> <br />Fonn 3028 1/01 <br />