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<br /> <br />~. <br />f <br /> <br /> <br />92-100823 <br /> <br />17, Transfer of the Property or a Benelkial Interest In Borrower, If all or any part of the Property or any interest in it <br />is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is 00111 natural persor;) without <br />Lender's prior written consent, Lender may, at its option, require immediate payment in full of ali sums secured by this <br />Security Instrument. However.. Ihis option shall not be exercised by Lender if exercise is prohibited by federal law as of the date <br />of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of accelC!'=ion. The notice shall provide a period of not <br />less than 30 days from the date the notice is delivered or mailed within which Borrower must pay aJ1sums secured by this <br />Security Instrument. If Jorrower fails to pay these sums prior to the expiratioll of this period, Lender may invoke any remedies <br />permitted by this Security Instrument withe'lt further notice or demand on Borrower. <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Security Instrument; or (b), entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays <br />Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) <br />cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, <br />including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure <br />that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligaU6n to pay the sums secured by <br />this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and 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 und(~r ,aragraph 17, <br />19. Sale of ""ote; Change of Loan Servicer. The Note or a partial interest in the Note {together with this Security <br />Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known <br />as the "Loan Service.") that collects monthly payments due under the Note and this Security Instrument. There also may be one <br />or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer. Borrower will be <br />given written nOlice of (he change in accordance with paragraph 14 above and applicable law. The notice will state the name and <br />address of the new Loan Scrviccr and the address to which payments should be made. The notice will also contain any other <br />infomlation required by appfic.lble law. <br />20. Ha7.ardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or rde.1se of any <br />Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do. anything affecting the <br />Property fhat is in violation of any Envimnmental U1W. The preceding two sentences shall not apply to the presence, lise, or <br />storage on the Property of slllall quantities of HLl7.ardous Substances that are generally recognized to be appropriate to nonnal <br />residcnti.d uses and to mninter.anee of the Property. <br />Borrower shnIl promptly give L.:ndcr written notice of .my investigation, c1nim, demand, lawsuit or other net ion hy any <br />governmental or regulatory agcncy or private party involving the Property and any Hazardous Suhstancc or Environmental Law <br />of which Borrower has actual knnwlcdge, If Borrower learns, or is notified by any governmental or regulatory authorily, that <br />any removal or other remediation of :my Hazardous Substance affecting the Prcpcrty is necess..1ry, Borrower shall promptly take <br />all ncecs'iary remedial ,:ctions in :lccordance with Environmental Law. <br />As used in this p<Jragraph 20, "Ha7.ardolls Substances" arc those substances derined a~ toxic or ha7.ardous substances hy <br />Environmental Law and the following substances: gasoline, kerosene, other nammable or toxic petroleum products, toxic <br />pesticides and herbicides, volatile solvents, materials containing asbestos or forml!ldehyde, and radioactive materials, As used in <br />this raragrarh 20, "Environmental Law" 1lle.1ns federal laws Bnd jaws of the jurisdiction where the Property is located that <br />relalc III IIc:llth. S;J(cly or cnvir(Jnnu~nral protection. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />11. Accelcration; Remedies. Lender shall give notice to BbrrOWer prior to acceleration following Horrower's hrt'ach <br />of any covenant (Ir agreement In this Security Instrument (hul. not prlo' to pcce/eration under paragraph 17 unless <br />appllcahle law provldt':'i otherwise). The notice shall specify: (a) the default; (h) the actic..n r('(lulred to cure the defaultj <br />(c) a date, not less than 30 days from the date the notice is r:iven to Borrower, by which the default llIust be curedj and <br />(d) that failure to cure the default on or before the date spt'Clfied in the notice may result In acceleration of the sums <br />secured by this Security Instrument and sale of the Property. The notice shall further Inform Borrower of the right to <br />reinstate after acceleration Hnd the right to bring a court action to as.<;c, t the non-existence of a default or Hny other <br />defense of Horrower to acceleration nnd sale. If the default Is not cured on or ber'..'re the date specified In the notice, <br />Lender, at Its opllol1, may require immediate pa)'ment In full of all sums securt'd by this Security JIl.'itrument without <br />further demand nnd may Invoke the pOwer of sale and any other remedies perntltted by appllcahle law. Lender shall be <br />entitled to collect all expenses incurred In pursuing the remedIes provIded In this paragraph 21, Including, but not limited <br />to, rl'a'iOnahle attorneys' fecti and costs of title evldehte. <br />If the powl'r of sale Is Invoked, Trustee shall r\.'(:onl a notlce of default In each county in which any part of tbe <br />Property is located and shall mail copies of such !:t.ltlce in the manner prescribed by applicable law to Borrower and to <br />the other persons prt'SCrihcd by applicable law. After the time required by applicable law, Trustee shall give public notice <br />of sale tll the perSllns and In the manner prl."Scribcd by applicable law. Trustee, without demand on Borrower, shall sell <br />the Property at public auction to the highest bidder at the timl' and place and under the temlS designated In the notice of <br />sale 1/1 line nr more parcels and i/l any order 1'r1lstt'(' dctennines. Trustee may postpone sale of all or any parcel of the <br />Property hy puhlle :10110Ul1ccment at the time and place of any previously scheduled sale. Lender or Its designee may <br />purchase the Property at any sale. <br /> <br />"11\I. ~ of ~ <br /> <br />Form 3028 9/90 <br /> <br />MC.3019.Nr./5 <br /> <br />., <br />) <br />". <br />X <br />~ <br />~ <br />f <br />\1 <br />f;' <br />