2U22 d S
<br />Loan Servicer and the address to which payments should be made. The notice will also contain any other
<br />information required by applicable law.
<br />20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage,
<br />or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to
<br />do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences
<br />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
<br />other action by any governmental or regulatory agency or private party involving the Property and any
<br />Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or
<br />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
<br />actions in accordance with Environmental Law.
<br />As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or
<br />hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other
<br />flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing
<br />asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law"
<br />means federal laws and laws of the jurisdiction where the Property is located that related 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
<br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration
<br />under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the
<br />action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to
<br />Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date
<br />specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of
<br />the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right
<br />to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration
<br />and sale. If the default is not cured on or before the date specified in the notice, Lender, at its option, may
<br />require immediate payment in full of all sums secured by this Security Instrument without further demand and
<br />may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to
<br />collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited
<br />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
<br />part of the Property is located and shall mail copies of such notice in the manner prescribed by applicable law
<br />to Borrower and to the other persons prescribed by applicable law. After the time required by applicable law,
<br />Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee,
<br />without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and
<br />place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee
<br />determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time
<br />and place of any previously 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 of the
<br />statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and
<br />expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually
<br />incurred, not to exceed 5.00% 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
<br />excess to the person or persons legally entitled to it.
<br />22. 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 evidencing
<br />debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and
<br />without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation
<br />costs.
<br />23. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a
<br />successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this
<br />Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all
<br />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
<br />Borrower's address which is the Property Address.
<br />25. Riders to this Security Instrument. If one or more riders are executed by Borrower and
<br />recorded together with this Security Instrument, the covenants and agreements of each such rider shall be
<br />incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as
<br />if the rider(s) were a part of this Security Instrument. {Check applicable box(es)}
<br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
<br />Security Instrument and in any rider(s) executed by Borrower and recorded with it.
<br />Witnesses:
<br />5 of 6
<br />
|