Laserfiche WebLink
202007 7 45 <br />Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage <br />on the Property of small quantities of Hazardous Substances that are generally recognized to be <br />appropriate to normal residential uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, <br />lawsuit, or other action by and governmental or regulatory agency or private party involving the <br />Property and any Hazardous Substances or Environmental Law of which Borrower has actual <br />knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that <br />any removal or other remediation of any Hazardous Substance affecting the Property is <br />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 <br />toxic or hazardous substances by Environmental Law and the following substances: gasoline, <br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile <br />solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in <br />this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where <br />the Property is located near that related to health, safety, or environmental protection. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agrees as <br />follows: <br />21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or agreement in this Security Instrument (but not <br />prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice <br />shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than <br />30 days from the date the notice is given to Borrower, by which the default must be cured; and <br />(d) that failure to cure the default on or before the date specified in the notice may result in <br />acceleration of the sums secured by this Security Instrument and sale of the Property. The notice <br />shall further inform Borrower of the right to reinstate after acceleration and the right to bring a <br />court action to assert the non-existence of a default or any other defense or Borrower to <br />acceleration and sale. If the default is not cured on or before the date specified in the notice, <br />Lender, at its option, may require immediate payment in full of all sums secured by this Security <br />Instrument without further demand and may invoke the power of sale and any other remedies <br />permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing <br />the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys' <br />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 <br />which any part of the Property is located and shall mail copies of such notice in the manner <br />prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. <br />After the time required by applicable law, Trustee shall give public notice of sale to the persons <br />and in the manner prescribed by applicable law. Trustee, without demand of Borrower, shall sell <br />the Property at public auction to the highest bidder at the time and place and under the terms <br />designated in the notice of sale in one or more parcels and in any order Trustee determines. <br />Trustee may postpone sale of all or any parcel of the Property by public announcement at the <br />time and place of any previously scheduled sale. Lender or its designee may purchase the <br />Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's <br />deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of <br />the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the <br />following order: (a) to all costs and expenses of exercising the power of sale, and the sale, <br />including the payment of the Trustee's fees actually incurred, not to exceed 5.00% of the <br />principal amount of the note at the time of the declaration of the default, and reasonable <br />attorneys' fees as permitted by law; (b) to all sums secured by this Security Instrument: and (c) <br />any excess to the person or persons legally entitled to it. <br />22. Re -conveyance. Upon payment of all sums secured by this Security Instrument, <br />Lender shall request Trustee to re -convey and shall the Security Instrument and all notes <br />evidencing debt by this Security Instrument to Trustee. Trustee shall convey the Property without <br />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 <br />appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the <br />country in which this Security Instrument is recorded. Without conveyance of the Property, the <br />successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein <br />and by applicable law. <br />24. Request for Notices. Borrower requests that copies of the notices of default and sale <br />—6— <br />