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200007006 DEED OF TRUST <br />(Continued) Page 4 of 5 <br />15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which <br />the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such <br />conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. <br />To this end the provisions of this Security Instrument and the Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this <br />Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for <br />reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment <br />enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this <br />Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays <br />all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such <br />action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's <br />obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security <br />Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to <br />reinstate shall not apply in the case of acceleration under paragraph 17. <br />19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be <br />sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer ") that <br />collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer <br />unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in <br />accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the <br />address to which payments should be made. The notice will also contain any other information required by applicable law. <br />20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous <br />Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of <br />any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities <br />of Hazardous Substances that 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 <br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with <br />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 paragraph 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 Borrower's breach of any covenant <br />or 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 <br />is 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 <br />notice 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 <br />other 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 <br />option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the <br />power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the <br />remedies 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 parcal 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 % of the principal amount of the Note at the time of the declaration of default, and <br />reasonable attorneys' fees as permitted by law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or <br />persons legally entitled to it. <br />22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the <br />Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee <br />shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons <br />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 <br />appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the <br />Property, the successor 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 <br />Property Address. <br />