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200411796 by any governnicntal or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an En• ironmental Cleanup. NON -U ^dll RNI COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (h) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is givAi to Borrower, by which the default must be cured; and (d) that failure to cure the default on or bei'ore the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform 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 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 option may require immediate payment in full of all sums secure I by this Security Instrument without further demand and may invoke the power of sale and any o;iter remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurr: a in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable atto:-oeys' fees and costs of title evidence. If the you, r of sale is invoked, Trustee shall record a notice of default in each county in which any part of tine .`:•operty is located and shall mail copies of such notice in the manner prescribed by Applicable LaNi :, ) B wrower and to the other persons prescribed by Applicable Law. After the time required by Ap,:,:cable Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by )plicable Law. Trustee, without demand on Borrower, shall sell the Property at public auctio,l ;,, the highest bidder at the time and place and under the terms designated in the notice of sale i,; ,ne or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any p: -el of the Property by public announcement at the time and place of any previously scheduled sale. :_ceder or its designee may purchase the Property at any sale. Upon reco';,t of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the :`. ,perty. The recitals io the 'Trustee's deed shall be prima facie evidence of the truth of the statemen ; made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs .m 4 ;xpenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees a- :udl'N incurred and reasonable t,ttorneys' fees as permitted by Applicable Law; (b) to all sums sectirc-i by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Recon,,�yancc. Upon payment of all sums secured by this Security Instrument, Lender shall request Trust;;c io rcconvey the Propcity and shall surrender this Security Instrument and all notes evidencing ,!cb. ;,'cured by this Secu.:ty Instrument to Trustee. Trustee shall reconvey the Property without warr.rni . .o t!1e person or persons legally entitled to it. Such person or persons shall pay any recordation c, st, l.erder may charge such person or persons a fee for reeonveying the Property, but only if the fee is paiti a third party (such as the Trustee) for services rendered and the charging of the fee is permitted un( _cr .- plicable Law. 24. Substit �e 'Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee . ) any TrU.,t --e appointed hereunder by an instrument recorded in the county in which this Security Instrun'.. ,t is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, pov r and cluties conferred upon Trustee herein and by Applicable Law. 25. Reques- ;'or Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's addri,; which is the Property address. 0110226088 �nlua�s: (M-6(NE) !.� 5;.'.• Page 13 of 15 Form 3028 1/01 T