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20120044� <br />by any governmental or regulatory authority, or any private party, that any removal or other remediation <br />of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary <br />remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on <br />Lender for an Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agr�ment in this S�urity Instrument (but not prior to <br />acceleration under Section 18 unl�s Applicable Law provides otherwise). The notice shall specify: (a) <br />the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date <br />the notice is given to Borrower, by wlutch the default must be cured; and (d) that failure to cure the <br />default on or before the date specifi� in the notice may result in acceleration of the sums secured by <br />this Security Instrument and sale of the Pro�rty. The notice shall further inform Borrower of the <br />right to reinstate after acceleration and the right to bring a court action to assert the non-e�stence of <br />a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or <br />before the date specified in the notice, Lender at its option may require unmediate payment �tn full of <br />all sums secured by this Security Instrument without further demand and may invoke the power of <br />sale and any other remedies permitted by Applicable Law. Lender shall be entitled to coll�t all <br />expenses incurred in pursuing the remedies provided in this S�tion 22, including, but not limited to, <br />reasonable attorneys' fe� and costs of title evidence. <br />If the power of sale is invoked, Trustce shall r�ord a notice of defaWt in each county in which <br />any part of the Property is loc�ted and shall mail copies of such notice in the manner pr�cribed by <br />Applicable Law to Borrower and to the other persons prescrihed by Applicable Law. After the time <br />required by Applicable Law, Trustce 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 <br />public auction to the highest bidder at the time and place and under the terms designated in the <br />notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale <br />of all 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.l�vstee shall apply the proceeds of the sale in the following order: (a) <br />to all costs and eacpenses of exercising the power of sale, and the sale, including the payment of the <br />Trustce's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums secured by this Security Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property <br />without wananty to the person or persons legally entitled to it. Such person or persons shall pay any <br />recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only <br />if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is <br />permitted under Applicable Law. <br />24. Substitute 1Yustee. Lender, at its option, may from time to time remove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder by an instniment recorded in the county in which this <br />Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to <br />all the ritle, power and duties conferred upon Trustee herein and by Applicable Law. <br />25. Request for Notices. Bonower requests that copies of the norice of default and sale be sent to <br />Borrower's address which is the Property Address. <br />�-6G(NE) l000sl.o� <br />� <br />Inkials:�VV <br />Page 13 of 15 � Form 3028 1/01 <br />