Laserfiche WebLink
2oiiao�so <br />If Lender exercises this aption, Lender shall give Borrower notice of acceleration. The notice shall provide a period of <br />not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums <br />secured by this Secucity Instrument. If Borrower fails to pay these sunns prior to the expiration of this period, Lender may <br />invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />19. Borrower's Right to Reinsrate After Acceleration. If Borrower meets certain conditious, Borrower shall have ttie <br />right to have enforcement of this Security lnstrwnent discontinued at any time prior to the earliest of: (a) five days before sale <br />of the Property pursuant to any power of sale cantained in this Security Instrument; (b) such other period as Applicable Law <br />might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. <br />Those conditions are that Borrower: (a) pays Lender all sums whicb then would be dae under this Secariry Instrument and the <br />Note as if na acceleration had oecurred; (b) cures any default of any other covenants or agreemeuts; (c) pays all expenses <br />incurred in enfarcing this Security Iustrument, including, but not limited to, reasonable attoxneys' fees, property inspection and <br />valuation fees, and other fees incutred for the purpose of protecting Lender's interest in the Property and cights under this <br />Security Instrument; and (d) takes such action as Lender may reasonably require to assare that Lender's interest in the Property <br />and rights under this Security Instrument, aud Borrower's o6ligation to pay the sums secured by this Security Instrument, shall <br />cantinue unchanged. Lcnder may require that Borrower pay such reinstatement sum,s and expenses in one or more of the <br />following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or <br />cashier's check, provided any such check is drawu upon an institution whose deposits are insuced by a federal agency, <br />instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstaternent by Borrower, this 3ecurity Instnunent and <br />obligations secured hereby shall remain fully effective as if no acceleratian had occurred. However, this right tn reinstate shall <br />not apply in the case of acceleration under Section 18. <br />20. Sale of Note; Change of Laan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together <br />with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale mig4t result ►n a change <br />in the entity (known as the "Loan Servrcer") that collects Periodic Payments due under the Note aud this Security Instrument <br />aud performs other moc[gage loan servicing obligations under the Nate, this Securiry Instrument, and Applicable Law. There <br />also might be one or �nore changes af the Laan Servicer unrelated to a sale of tbe Note. If there is a change of the Loan <br />Servicer, Borrower will be given written notice of the change which w'rll state the name and address of the new Loan Servicer, <br />the address to which payments should be made and any other information RESPA requires in connection with a notice of <br />traasfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Laan Servicer other than the purchaser of the <br />Note, the mortgage loan servicing o6ligations to Borrower will remain with the Loan Servicer or be transferred to a successor <br />Loan Serviccr and are not assumed by the Note purchaser unless otherwise provided by the Nate pnrchaser. <br />Neither Borrower nor Lender may comcnence, join, or be joined to any judicial action (as either an individual Ir[igaut or <br />the member of a class) that arises frorn the other party's actions pursuant to this Securiry Instrument or that alleges that the <br />other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or <br />Lender has notified the othec party (with such notice given in compliance with the requirements of Section 15) of such alleged <br />breacla aud afforded the other party hereto a reasonable period after the giving of such uotice to take corrective action. If <br />Appl'rcable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to <br />be reasanabie for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to <br />Section 22 and the notice of acceleration given to Barrower pursuant to Section 18 shall be deemed to satisfy the notice aud <br />opportunity to take corrective action provisions of this Section 20. <br />21. Hazardous Substances, As used in tl�is Section 21: (a) "Hazardous Substances" are those substances defined as <br />toxic or hazardous substances, pollutants, or wastes by Bnviroumental Law and the following substances: gasoline, kerosene, <br />other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, maCerials containing asbestos or <br />farmaldehyde, and radioactive rnaterials; (b) "Environmental Law" means federai laws and laws of tk�e jurisdiction where the <br />Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response <br />action, remedial action, or removal action, as defined in Environmental Law; aud (d) an "Environmental Condition" means a <br />coudition that can cause, contribute to, or otherwise trigger an Envitonmental Cleanup. <br />Borrowcr shall not cause or permit the presence, us�, disposal, storage, or release of any Hazardaus Substances, or <br />tk�reaten to release any Hazardous Substances, on or in the �roperty. Borrower shall not do, nor allow anyone else to do, <br />anything affecting the Property (a) that is in vialation of any Environmental Law, (b) which creates an Environmental <br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely <br />affects the value of the Property. The preceding twa sentences shalt not apply to the pcesence, use, or storage on the Pxoperty <br />of small quantities of Hazardous Substances that are generally recognized to be appropriate ta normal residential uses and to <br />main�enance of the Property (including, but not limited to, hazardous suhstances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by <br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Enviromnental <br />Law of which Borcower has actual knowledge, (b) any Environmental Cond'rtion, including but not limited to, any spilling, <br />teaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use <br />or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any <br />governmental or regulatory authority, or auy prrvate party, that any removal or other remediation af any Haz,ardous Substance <br />affecting ihe Property is necessary, Borrvwer sba11 promptly take all necessary remedial actions in accordance with <br />Environmental Law. Nothing herein shall create any obligation on L�nder for an Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Accelerakion; Remedies. Lender shall give natice to Borrower prior ta acceleration following Borrower's <br />breach of auy covenant oc agreement in this 5ecurity Instrument (but not prior to accelerat�on under 6ection 18 unless <br />Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action requlred to cure the de�ault; <br />(c) a date, not less than 30 days from the date the notice is given to Borrower, by which the def�ult must be cured; and <br />(d) that failure to cure the d�fault on or before the date specified in the uotice may result in acceleratinn of the sums <br />securecl bp tWs Security Instrutnent and sale nf the Property. The notice shall further inform Borrnwer of the right to <br />reinstate after acceleratron and thc right to bring a court action to assert the non-existence of a default or any other <br />defense of Borrowe� to acceleration and sale. If the default is not cured on or before the date specified in the notice, <br />I.euder at its option may require immediate payment in full of all surns secured by this Security Instrument without <br />further demand and may invoke the power of sale and any other remedies permirked by Applicable Law. I,ender shall be <br />entitled to collect all ex�euses incurred iu pursuing the remedies provided in this Sectfan 22, including, bat not Wnited <br />to, reasonable attorneys fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice ai default in each county in which any part of the <br />Property is located and shall mail copies of such notice in the manner prescribecl by Applicable Law to Borrower and to <br />the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public <br />notice af sale to the persons and fn the manner prescribed 6y Applicable Law. Trustee, without demand on Bnrrower, <br />s�all sep the Property at public auction to tb,e highest bidder at the time and place and under the terms designared in the <br />notice of sale in one or more parcels and in any order Trustee deternunes. Trustee may postpone sale of all ar any parcel <br />of the Prnperty by public announceruent at the time aud place o[ any previously schedaled sale. Lender or its designee <br />may purchase the Property at any sale. <br />Upon rec�ipt of paymenk of the price bid, Trustee shall dcliver to the purchaser Trustee's deed canveying the <br />Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br />Trustee shall apply the proeeeds of the sale in the following order: (a) to all costs and expenses of e�ceccising the �ower of <br />sale, and the sale, including the paymeut of the Tcustee's [ees actually incurred and reasonable attorneys fees as <br />permittecl by Applicable Law; (b) to all sums secured by this Security Tnstrument; aTad (c) any excess to the person oc <br />persons legally entitled to ik. <br />N@SRASKA-5ingle Family—Fannie Mae/Fraddie Mac UNIFORM IN5TRUMENT -� � rrr 3028 1/01 <br />8ankara Systams, Inc., St. Cioud, MN Form M�-i-NE 8/17/2000 (page 6 af 7 pageS) _�T <br />