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18. Borrower's Right to Reinstate. Ii BoROwer meets certain conditions, eonower shall have the right to have <br /> enforcement of this Securtty Instrument discont(nued at any time prior to the earlier of: (a) 5 days (or such other period as applicable <br /> law may specHy for reinstatement) before sale of the Property pursuant to any power of sals contained in this Security Instrument; or <br /> (b) entry ot'a judgment enforcing this Secur$y Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then <br /> woold be due under this Securlty Instrument and the Note as if no acceleration had occurred; (b) cures any defauR of any other <br /> covenant or agreements; (c) pays all expenses incurred in enforcing thls Security Instrument, including, but not Iimited to, reasonabie � <br /> attomeys' fees; and (d) takes such action as Lender may reasonably require to sssure that the lien of this Security Instrument, Lenders � <br /> rights in the Property and Borrower's obligation to pay the sums secured by this SecurRy Instrument shall continue unchanged. Upon � <br /> reinstatement by BoROwer, this Security Instrument and the obligations secured hereby shall remain fully effective as if no aCCeleration � <br /> had occuned. However, this right to reinstate shall not apply in the cese of acceleration under paragraph 17. ' � <br /> 19. Sale of Note; Change of Loan Servicer. The rvoce or a pan�ai tnceresc �n cne Noce �co9ecner wicn inis securiry � <br /> Instrument) may be sold one or more times wfthout prior notice to Borrower. A sale may resuft fn a change in the entity (known as the � <br /> "Loan Servicer") that collects monthy payments due under the Note and this Securky Instrument. There also may be one or more <br /> cha�ges ot the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be gNen written � <br /> notice of the change in accordance with paragraph 14 above and applicable Iflw. The notice will state the name and address of the � <br /> new Loan Servicer and the address to which payments should be made. The notice will elso contain eny other information required by <br /> appiicable lew. <br /> 20. Hazardous Substances. Borrower shall not cause or permR the presence, use, disposal, storage, or release of any <br /> Hezardous Substances on or in the Property. Borrower shall not do, nor allow anyone eise to do, anything affecting the Property that <br /> is in violation of any Environmental Lsw. The preceding two sentences shall not appy to the presence, use, or storage on the <br /> Property of small quantkies ot Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to <br /> maintenance of the Property. <br /> Borrower shail promptly give Lender wrkten notice o( any investigation, claim, demand, lawsuit or other action by any govemmental <br /> or regulatory agancy or prNate party InvoNing the Property and any Hazardous Substance or Environmental Law of which Borrower has <br /> actuat knowledge. If Borrower leams, or is not'rfied by any govemmental or reyuletory authorfty, that any removal or other remediatlon <br /> of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take ell necessary remedial actions h <br /> accordance with Environmental Law. <br /> As used 'm this paragraph 20, "Hazardous Substances" are those substances defined 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 or formaldehyde, and radioactive materials. As used in this paragraph 20, <br /> "Environmental Law" means tederai laws and laws of the jurisdiction where the Property is bcated that relate to heafth, safety o� <br /> environmental protection. <br /> NON-UNIFORM COVENANTS. Borrower and Lender turther covenant and agres as follows: <br /> 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br /> Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to <br /> acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: <br /> (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the <br /> date the notice is given to Borrower, by whlch the default must be cured; and (d) that failure to cure <br /> the default on or before the date specified 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 <br /> Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the <br /> non-existence of a defauit or any other defense of Borrower to acceleration and sale. If the default is <br /> not cured on or before the date specified in the notice, Lender at its option may require immediate <br /> payment ln full of all sums secured by this Security InsVument without further demand and may <br /> invoke the power of sale and any other remedies permitted by applicable law. Lender shall be <br /> entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, <br /> including, but not limited to, reasonable attorneys' fees and costs of title evidence. <br /> If the power of sale is invoked, Trustee shail record a notice of default in each county in which <br /> any part of the Property is located and shall mail coples of such notice in the manner prescribed by <br /> applicable law to Borrower and to the other persons prescribed by applicable law. After the time <br /> required by applicable law, Trustee shall give public notice of sale to the persons and in the manner <br /> prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public <br /> auction to the highest bidder at the time and place and under the terms designated in the notice of <br /> 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 <br /> scheduled sale. Lender or its designee may purchase the Property at any sale. <br /> Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed <br /> conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth <br /> of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: <br /> (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of <br /> the Trustee's fees actually incurred, not to exceed 3 °� of the principal amount of the note <br /> at the time of the declaration of default, and reasonabie attorney's fees as permitted by law; (b) to all <br /> sums secured by this Security Instrument; and (c) any excess to the person or persons legally <br /> entitled to it. <br /> 22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey <br /> the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. <br /> Tn�stee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to k. Such person or <br /> persons shall 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 <br /> any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instn�ment is recorded. Wkhout <br /> conveyance of the Property, successor trustee shall succeed to all the title, power and dutles conferred upon Trustee herein and by <br /> applicable law. <br /> 24. Request for Notices. Borrower requests that copies of the notices of defauft and sale be sent to Borrower's address <br /> which is the Property Address. <br /> 25. Riders to this Security InsVument. If one or more riders are executed by Borrower and recorded together with <br /> this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shalt amend and supplement <br /> the covenants and agreements of this Securky Instrument as if the rlder(s) were a part of this Security Instrument. <br /> Form 3028 9/BO <br /> F1029.LMO (10/97) Paya 4 01 5 <br /> 845 <br />