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18. Bo�rower's Right to Reinstate. If Bonower meets certain conditions, eorrower shall have the right to have <br /> enforcement cf this Security Instrument discontk�ued at any time prior to the earlier of: (a) 5 days (or such other period as appl(cable <br /> law may specify for reinstatement) be(ore sale of the Property pursuant to any power of sale contained in this Security Instn�ment; or � <br /> (b) entry of a judgment enforcing this Securky �nstrument. Those condRions 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 incuRed in enforcing this Security Instrument, including, but not limited to, reasonable <br /> attomeys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lenders � <br /> rights in the Property and BoROwer's obligation to pay the sums secured by th(s Security Instrument shall continue unchanged. Upon � <br /> reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as 'rf no acceleration W <br /> had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. F„� <br /> 19. Sale of Note; Change of Loan Servicer. Tne Noce or a pertial interest in cne rvoce (together wtcn tnis securicy Q <br /> Instrument) may be sold one or more times wkhout prior notice to Bort'ower. A sale may resuft in a change k� 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. I( there is a change of the Loan Servicer, Bonower will be given written <br /> notice o( 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 permit the presence, use, disposal, storage, or release of any <br /> Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that <br /> is in violation of any Environmental Law. The precedfng two sentences shall not apply to the presence, use, or storage on the <br /> Property o( small quantities of Hazardous Substances that are qenerally recopnized to be appropriate to normal residential uses and to <br /> maintenance of the Property. <br /> Borrower shall promptly give Lender written notice o( any investigation, claim, demand, lawsuit or other action by any governmental <br /> or regulatory agency or prNate party invoNing the Property and any Hazardous Substance or Envkonmental Law ot which Borrower has <br /> actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remedietion <br /> o( any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial act(ons in <br /> accordance with Environmental Law. <br /> As used in this paragraph 20, "Hazardous Substances" are those substances defined as tox� or hazardous substances by <br /> Environmental Law and the following substances: gaso�ine, kerosene, other flammabie or toxic petroleum products, toxic pesticides and <br /> herbicides, volatile soNents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, <br /> "Environmental Law" means federai laws and lews of the jurisdiction where the Property is located that relate to heakh, safety or <br /> environmental protection. <br /> NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br /> 21. Acceleration; Remedies. Lender shail give nottce to Borrower prior to acceleration following <br /> Borrower's breach of any covenant or agreement in this Security InsVument (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 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 Instrument and sale of the Property. The notice shall further inform <br /> Borrower of the right to reinstate after acceleration and the rlght 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 full 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 applicable law. Lender shali be <br /> entitled to coilect ail 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 shatl 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 /> applicable law to Borrower and to the other persons prescribed by applicabie 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 appiicable law. Trustee, without demand on Borrower, shall sell the Property at pubiic <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 mo�e 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 °�6 of the principal amount of the note <br /> at the time of the declaration 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 Securky Instrument, Lender shall request Trustee to reconvey <br /> the Property and shall surrender this Securky 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 Iegaliy entitled to k. Such person or <br /> persons shall pay any recordation costs. <br /> 23. Substitute Trustee. Lender, at its option, may irom 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 shati succeed to all the title, power and duties conferced upon T�ustee here(n and by <br /> applicable Iaw. <br /> 24. Request for Notices. Borrower requests that copies of the notices of defauR and sale be sent to Borcower's address <br /> which is the Property Address. <br /> 25. Riders to this Security Instrument. 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 shall amend and supplement <br /> the covenants and agreements of this Securky Instrument as if the rider(s) were a part of this Security Instrument. <br /> Form 3028 9/BO <br /> F1029.LM0(i0/97) Page 4 of 5 <br />