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06 -16 -2000. ,, 200004935 FNMA/FHLMC DEED OF TRUST Page 4 of 5
<br />Loan No 60189 (Continued)
<br />20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances
<br />on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental
<br />Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that
<br />are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
<br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or
<br />regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual
<br />knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous
<br />Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
<br />As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law
<br />and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
<br />materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws
<br />and laws of the jurisdiction where the Property is located that relate to health, safety or 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 Borrower's breach of any covenant or
<br />agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The
<br />notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is
<br />given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice
<br />may result in acceleration of the sums 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 non - existence of a default or any other
<br />defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option
<br />may require immediate payment in full of 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 collect all expenses incurred in pursuing the remedies
<br />provided in this paragraph 21, Including, but not limited to, reasonable 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 any part of the Property is located and
<br />shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable
<br />law. After the time required by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by
<br />applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place
<br />and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone
<br />sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its
<br />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 conveying the Property. The recitals in
<br />the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale
<br />in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of Trustee's fees
<br />actually incurred, not to exceed 3.00% of the principal amount of the Note at the time of the declaration of default, and reasonable attorneys'
<br />fees as permitted by law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled
<br />to it.
<br />22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and
<br />shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the
<br />Property without warranty and without charge to the person or persons legally entitled to it. Such person or 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 any Trustee appointed
<br />hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor
<br />trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law.
<br />24. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address which is the Property
<br />Address.
<br />25. Riders to this Security Instrument. if one or more riders are executed by Borrower and recorded together with this Security Instrument,
<br />the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this
<br />Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]
<br />Adjustable Rate Rider Q Condominium Rider 1-4 Family Rider
<br />Graduated Payment Rider Planned Unit Development Rider Biweekly Payment Rider
<br />Balloon Rider 0 Rate Improvement Rider Second Home Rider
<br />Q Other(s) [specify]
<br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed
<br />by Borrower and recorded with it.
<br />Witnesses:
<br />�) ", (Seal)
<br />Michael D. Kemling— Borrower
<br />(Seal)
<br />Susan A. Kemling— Borrower
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