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200'710163 <br />DOC ID #; 00017171143508007 <br />If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is riot <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 full of all sums secured by this Security Instrument. <br />However, this 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 <br />provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 <br />within which Borrower 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. If Borrower meets certain conditions, Borrower <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 Security <br />Instrument; (b) such other period 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 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 reasonably <br />require to assure that Lender's interest in the Property and rights under this Security Instrument, and <br />Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender <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 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 hereby shall remain fully effective as if no acceleration had occurred. <br />However, 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 />due under the Note and this Security Inswment 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 />Servicer 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 thereafter the Loan is serviced by a Loan Servicer other than the <br />purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer <br />or be transferred to a successor Loan Servicer and are not assumed by the 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 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, <br />this Security Instrument, until such Borrower 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 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 <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 given 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 the 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" includes 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 threaten to release any Hazardous Substances, on or in the Property. Borrower 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, use, or release of a Hazardous <br />Substance, creates a condition that adversely affects the value of the 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 are 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). <br />- 6A(NE) (0407) CHL (08/05) Page 9 of 11 Farm 3028 1/01 <br />