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200402855 LOAN #: E0220512
<br />entity (known as the "Loan Servicer") that collects monthly payments due under the Agreement and this Deed of Trust.
<br />There also may be one or more changes of the Loan Servicer unrelated to the sale of the Agreement. If there is a change
<br />of the Loan Servicer, you will be given written notice of the change as required by applicable law. The notice will state
<br />the name and address of the new Loan Servicer and the address to which payments should be made. The notice will
<br />also contain any information required by applicable law.
<br />16. Hazardous Substances. You shall not cause or permit the presence, use, disposal, storage, or release of any
<br />Hazardous Substances on or in the Property. You shall not do, nor allow anyone else to do, anything affecting the
<br />Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use,
<br />or storage on the Property of Hazardous Substances in quantities that are generally recognized to be appropriate to
<br />normal residential uses and to maintenance of the Property. You shall promptly give us written notice of any investigation,
<br />claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property
<br />and any Hazardous Substance or Environmental Law of which you have actual knowledge. If you learn or are notified
<br />by any government or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting
<br />the Property is necessary, you shall promptlytake all necessary remedial actions in accordance with Environmental Law.
<br />As used in this Deed of Trust, "Hazardous Substances" are those substances defined as toxic or hazardous substances
<br />by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products,
<br />toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive
<br />materials. As used in this Deed of Trust, "Environmental Law" means federal laws and laws of the jurisdiction where the
<br />Property is located that relate to health, safety or environmental protection.
<br />17. Acceleration; Remedies. You will be in default if (1) any payment required by the Agreement or this Deed of
<br />Trust is not made when it Is due; (2) we discoverthat you have committed fraud or made a material misrepresentation
<br />in connection with the Agreement; or (3) your action, or your failure to act, adversely affects our security for the
<br />Agreement or any right we have In the Property. We shall give you notice prior to acceleration following your breach
<br />of any covenant or agreement in this Deed of Trust. The notice shall specify: (a) the default; (b) the action required
<br />to cure the default; (c) a date, not less than 30 days from the date the notice is given to you, by which the default must
<br />be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration
<br />of the sums secured by this Deed of Trust, and sale of the Property. The notice shall further inform you of the right
<br />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 you may have to acceleration and sale. If the default is not cured on or before the date specified in the notice,
<br />we may, at our option, require immediate payment in full of all sums secured by this Deed of Trust without further
<br />demand and may invoke the power of sale and any other remedies permitted by applicable law. We shall. be entitled
<br />to collect all expenses incurred in pursuing remedies provided in this Section 17, including, but not limited to,
<br />reasonable attorneys' fees as permitted by applicable law.
<br />If we invoke the power of sale, we shall record or cause Trustee to record a notice of default in each county
<br />in which any part of the Property is located, and we shall mail or cause Trustee to mail copies of such notice
<br />In the manner prescribed by applicable law to you to other persons prescribed by applicable law. Trustee shall
<br />give notice of sale by public advertisement for the time and in the manner prescribed by applicable law. Trustee,
<br />without demand on you, shall sell the Property at public auction to the highest bidder at the time and place and
<br />under the terms 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 time and place
<br />of any previously scheduled sale. We or our 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
<br />Property without any covenant or warranty whatsoever. The recitals in the Trustee's deed shall be conclusive
<br />evidence of the truth of the statements made therein, unless otherwise provided by applicable law. Trustee shall
<br />apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of
<br />sale, and the sale including, but not limited to, Trustee's fees of of the gross sale price and
<br />reasonable attorneys' fees (as specified above); (b) to all sums secured by this Deed of Trust; and (c) any excess
<br />to the person or persons legally entitled to it.
<br />18. Discontinuance of Enforcement. Notwithstanding our acceleration of the sums secured by this Deed of Trust
<br />under the provisions of Section 17, we may, in our sole discretion and upon such conditions as we in our sole discretion
<br />determine, discontinue any proceedings begun to enforce the terms of this Deed of Trust.
<br />19. Release. Upon payment of all sums secured by this Deed of Trust, we or the Trustee shall release this Deed
<br />of Trust. You shall pay any recordation or filing costs and any fees paid to a third party for services rendered in
<br />reconveying or releasing this Deed of Trust, to the extent allowed by law.
<br />20. Additional Charges. You agree to pay reasonable charges as allowed by law in connection with the servicing
<br />of this loan including, without limitation, the costs of obtaining tax searches and subordinations, provided, however,
<br />that nothing contained in this section is intended to create and shall not be construed to create any duty or obligation
<br />by us to perform any such act, or to execute or consent to any such transaction or matter, except a release of the Deed
<br />of Trust upon full repayment of all sums secured thereby.
<br />21. Substitute Trustee. We may, at our option, from time to time remove Trustee and appoint a successor trustee
<br />to any Trustee appointed hereunder by an instrument executed and acknowledged by us and recorded in the office of
<br />the Recorder of the county in which the Property is located. The instrument shall contain the name of the original lender,
<br />Trustee and borrower, the book and page where this Deed of Trust is recorded and the name and address of the
<br />successor trustee. Without conveyance of the Property, the successor trustee shall succeed to all the title, powers and
<br />duties conferred upon the Trustee herein and by applicable law.
<br />22. Possession of the Property. You shall have possession of the Property until we have given you notice of default
<br />pursuant to paragraph 17 of this Deed of Trust.
<br />23. Waiver. No waiver by us at any time of any term, provision or covenant contained in this Deed of Trust or in the
<br />Agreement secured hereby shall be deemed to be or construed as a waiver of any other term, provision or covenant
<br />or of the same term, provision or covenant at any other time.
<br />NE - DEED OF TRUST - Single Family - HELOC - HC# 20934 (02/00)
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