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18. Borrower's Right t0 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 applicable <br /> law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or <br /> (b) entry of a'judgment eniorcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then <br /> would.be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any defauft of any other <br /> covenant or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not IimRed to, reasonable <br /> attorneys' fees; and (d) takes such action as Lender may reasonabty require to assure that the lien of this Securky Instrument, Lender's <br /> rghts in the Property and Borrower's obligation to pay the sums secured by this Securky Instrument shall continue unchanged. Upon <br /> reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as ff no acceleration �� <br /> had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. � <br /> 19. Sale of Note; Change of Loan Servicer. rne Note or a partiai interest in tne Noce �to9etner w�cn tn�s Security � <br /> Instrument) may be sold one or more times without prior notice to Borrower. A sale may resuft in a change in the entky (known as the <br /> "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more � <br /> changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written '' <br /> notice of the change in accordance with paragraph 14 above and applicable law. 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 also contain any other information required by � <br /> applicable law. <br /> 20. Hazardous Substances. Borrower shall not cause or permk the presence, use, disposal, storage, or release of any � <br /> Hazardous Substances on or in the Property. Borrower shail not do, nor allow anyone else to do, anything affecting the Property that <br /> is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the <br /> Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal resident�al uses and to <br /> maintenance of the Property. <br /> Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental <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 leams, or is notified by any govemmental or regulatory authorky, that any removal or other remediation <br /> of any Hazardous Substance aHecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in <br /> accordance with Environmental Law. <br /> As used in 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 paragreph 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 <br /> Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to <br /> acceleration under paragraph 17 unless appiicable 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 which 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 InsVument 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 default 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 in fuli of all sums secured by this Security Instrument without further demand and may <br /> invoke the power of sale and any other remedies permitted by applicabie 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, reasonabie 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 <br /> any part of the Property is located and shall mail copies of such notice in the manner prescribed by <br /> applicabie 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 recitais in the Trustee's deed shali 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 deciaration of default, and reasonable 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 shail 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 /> Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. 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 Instrument is recorded. Without <br /> conveyance of the Property, successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by <br /> applicable law. <br /> 24. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address <br /> which is the Property Address. <br /> 25. Riders to this Security Instrument. ir one or more riders are executed by Borrower and recorded together with <br /> this Security Instrument, tha covenants and agreements of each such rider shall be incorporated into and shall amend and supplement <br /> the covenants and agreements of this Security Instrument as 'rf the rider(s) were a part of this Sacurity Instrument. <br /> Form 3028 9/90 <br /> Ft0Y9.LMO (10/97) Page 4 0l 5 <br />