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2oiooo7s~ <br />18. Borrower's (tight to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this <br />Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (nr such other period) as applicable law may specify for <br />reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment <br />enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this <br />Security Instrument and the Note as if no acceleration had occurred, (b) cures any default of any other covenants or agreements; (c) pays all <br />expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as <br />Lender may reasonably require to assure that the lien of this Security Instrument, Letder's rights in the Property and Borrower's obligation to <br />pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and <br />the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply <br />in the case of acceleration under paragraph 17. <br />19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may <br />be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that <br />collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer <br />unrelated to a sale of the Note. ]f there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance <br />with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which <br />payments should be made. The notice will also contain any other information required by applicable law. <br />20. Hazardous Substances. Borrower shall not cause nr permit the presence, use, disposal, storage, or release of any Hazardous <br />Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of <br />any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage nn the Property of small quantities of <br />Hazardous Substances that are generally recognised to be appropriate to normal residential uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any gvvernmentai <br />or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has <br />actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of <br />any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with <br />Environmental Law. <br />As used in this paragraph 20, "Hazardous Substances" are those substances derived as toxic or hazardous substances by <br />Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and <br />herbicides, volatile solvents, materials containing asbestos nr formaldehyde, and radioactive materials. As used in this paragraph 20, <br />"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or <br />environmental protection. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any <br />covenant or agreement in this Security instrument (but not prior to acceleration under paragraph l7 unless applicable law provides <br />otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; <br />(c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and <br />(d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums <br />secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of <br />the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of <br />Borrower to acceleration and sale. If the default is not cured on or before the,date specified in the notice, Lender at its option may require <br />immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any <br />other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in <br />this paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. <br />If the power of sale Is Invoked, Trustee shall record a notice of default in each county in which any part of the Property is located and <br />shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable <br />law. After the time required by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by <br />applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and <br />under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all <br />or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may <br />purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in <br />the Trustee's deed shall be prima facie evidence or the truth or the statements made therein. Trustee shall apply the proceeds of the sale in the <br />following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually <br />incurred, not to exceed 3.000% of the principal amount of the note at the time of the declaration of default, and reasonable attorneys' fees as <br />permitted by law, (b) to all sums secured by this Security Instrument; and (c) any excess to the person nr persons legally entitled to it. <br />Indebtedness secured by this security instrument is subordinate to the lien of any senior line holder, "Notwithstanding Lender's right <br />to invoke any remedies hereunder, as provided in paragraph 7 above, the Lender agrees that it will not commence foreclosure proceedings nr <br />accept a deed in lieu of foreclosure, or exercise any other rights or remedies hereunder until it has given the senior lien holder at least 60 <br />days' prior written notice. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 23 <br />including, but not limited to, reasonable attorney's fees and costs of title evidence. <br />22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the <br />Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee <br />shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall <br />pay any recordation costs. <br />23. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee <br />appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the <br />Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. <br />24. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address, which is the <br />Property Address. <br />