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, � � � � • �99. zc�4ss� � <br /> 15. REMEDIES ON DEFAULT. In some instances, federal and state law will require <br /> Lender to provide Grantor with notice of the right to cwe or other notices and may <br /> establish time schedules for foreclosure actions. Subject to these limitations, if any, <br /> Lender may accelerate the Secured Debt and foreclose this Security Instrument in a <br /> manner provided by law if Grantor is in default. <br /> At the option of Lender, a11 or any part af the agreed fees and charges, accrued <br /> interest and principal shall become immediately due and payable, after giving notice <br /> if required by law, upon the occurrence of a default or anytime thereafter. In <br /> addition, Lender shall be entitled to all the remedies provided by law, the terms of the � � <br /> Secured Debt, this Security instrument and any related documents, including without i� � <br /> limitation, the power to sell the Property. M, � <br /> Ifthere is a default, Trustee shall, in addition to any other permitted remedy, at the ��� g <br /> request of the Lender, advertise and sell the Property as a whole or in separate parcels � �D <br /> at public auction to the highest bidder for cash and convey absolute title free and clear Mp <br /> of all right, title and interest of Grantor at such time and place as Trustee designates. C: <br /> Trustee shall give notice of sale including the time, terms and place of sale and a <br /> description of the property to be sold as required by the applicable law in effect at the <br /> time of the propose sa1e. <br /> Upon sale of the property and to the extent not prohibited by law, Trustee shatl make <br /> and deliver a deed to the Property sold which conveys absolute title to the purchaser, <br /> and after first paying all fees, charges and costs, shall pay to Lender all money <br /> advanced for repairs, ta�es, insurance, liens, assessments and prior encumbrances and <br /> interest thereon, and the principal and interest on the Secured Debt, paying the <br /> surplus, if any, to Grantor. Lender may purchase the Property. The recitals in any <br /> deed of conveyance shall be prima facie evidence of the facts set forth therein. <br /> All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to <br /> all remedies provided at law or equity, whether or not expressly set forth. The <br /> acceptance by Lender of any sum in payment or partial payment on the Secured Debt <br /> after the balance id due or is accelerated or after foreclosure proceedings are filed <br /> shall not constitute a waiver of Lender's right to require complete cure of any existing <br /> default. By not exercisin�any remedy on Grantor's default, Lender does not waive <br /> Lender's right to later consider the event a default if it continues or happens again. <br /> 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEY'S FEES; <br /> COLLECTION COSTS. Except when prohibited by law, Grantor agrees to pay all <br /> of Lender's expenses if Grantor breaches any covenant in this Security Instrurnent. <br /> Crrantor will also pay on demand any amount incuned by Lender for insuring, <br /> inspecting, preserving or otherwise protecting the Property and Lender's security <br /> interest. These expenses will bear interest from the date of the payment until paid in <br /> full at the highest interest rate in effect as provided in the terms of the Secured debt. <br /> Crrantor agrees to pay all costs and expenses incurred by Lender in collection, <br /> enforcing ar protecting Lender's rights remedies under this Security Instrument. This <br /> amount may include, but is not limited to, attorneys' f+ees, court costs, and other legal <br /> expenses. This Security Instrument shall remain in effect until released. Grantor <br /> agrees to pay for any recordation costs of such release. <br /> 17. ENVIIiONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in <br /> this section(1)Environmental Law means, without limitation, the Comprehensive <br /> Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. <br /> 9601 et seq.)and all other federal, state and local laws, re�ulations, ordinances, court <br /> orders, attomey general opinions or interpretive letters concerning the public health, <br /> safety, welfare, environment or a hazardous substance; and (2)Hazardous Substance <br /> means any toxic, radioactive or haaardous material, waste, pollutant or contaminant <br /> which has characteristics which render the substance dangerous or potentially <br /> dangerous to the public health, safety, welfaze or environment. The terms include, <br /> without limitation, or any substances defined as"hazardous material," "toxic <br /> substances," "hazardous waste"or"hazardous substance"under any Environmental <br /> Law. <br /> Grantor represents, warra.nts and a�rees that: <br /> A. Except as previously disclosed and acknowledged in writing to Lender, no <br /> Hazardous Substance is or will be located, stored or released on or in the <br /> Properiy. This restriction does not apply to small quantities of Hazardous <br /> Substances that are generally recognized to be appropriate for the normal <br /> use and maintenance of the Property. <br />