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<br />200700427 <br /> <br />contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. <br />In the event that any provision or clause of this Security Instrument or the Debt Instrument conflicts with Applicable <br />Law, such conflict shall not affect other provisions of this Security Instrument or the Debt Instrument which can be <br />given effect without the conflicting provision. <br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include <br />corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the <br />plural and vice versa; (c) the word "may" gives sole discretion without any obligation to take any action; and (d) <br />headings that appear at the beginning of the sections of this Security Instrument are inserted for the convenience of <br />the reader only, shall not be deemed to be a part of this Security Instrument, and shall not limit, extend, or delineate <br />the scope or provisions of this Security Instrument. <br />15. Borrower's Copy. Borrower shall be given one copy of the Debt Instrument and of this Security <br />Instrument. <br />16. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 16, <br />"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those <br />beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, <br />the intent of which is the transfer of title by Borrower at a future date to a purchaser. <br />If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a <br />natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, <br />Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this <br />option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide <br />a period of not less than 30 days from the date the notice is given in accordance with Section 13 within which <br />Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the <br />expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further <br />notice or demand on Borrower. <br />17. Sale of Debt Instrument; Change of Loan Servicer; Notice of Grievance. The Debt <br />Instrument or a partial interest in the Debt Instrument (together with this Security Instrument) can be sold one or <br />more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan <br />Servicer") that collects Periodic Payments due under the Debt Instrument and this Security Instrument and performs <br />other mortgage loan servicing obligations under the Debt Instrument, this Security Instrument, and Applicable Law. <br />There also might be one or more changes of the Loan Servicer unrelated to a sale of the Debt Instrument. If there is <br />a change of the Loan Servicer, Borrower will be given written notice of the change as required by Applicable Law. <br />If the Debt Instrument is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the <br />Debt Instrument, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be <br />transferred to a successor Loan Servicer and are not assumed by the purchaser of the Debt Instrument unless <br />otherwise provided by the purchaser of the Debt Instrument. <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 class) that arises from the 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, this <br />Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in <br />compliance with the requirements of Section 13) of such alleged breach and afforded the other party hereto a <br />reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period <br />that must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of <br />this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 21 and the <br />notice of acceleration given to Borrower pursuant to Section 16 shall be deemed to satisfy the notice and opportunity <br />to take corrective action provisions of this Section 17. If Borrower and Lender have entered into an agreement to <br />arbitrate disputes, the provisions of any such arbitration agreement shall supersede any provision in this Section 17 <br />that would conflict with the arbitration agreement. <br />18. Hazardous Substances. As used in this Section 18: (a) "Hazardous Substances" are those <br />substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following <br />substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, <br />volatile solvents, materials containing asbestos or formaldehyde, mold, and radioactive materials; (b) <br /> <br />ililiiiiiilullliiililiil~5 (3/1I0~ <br /> <br />(page 8 of 13 pages) <br />Docwnents Processed 11-24-2006, 08:0 I :25 <br />