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200411991 <br />DW ID i1: 0008534127711004 <br />Borrower shall promptly give Leader written notice of (a) any investigation, claim, demand, lawsuit or <br />other action by any governmental or regulatory agcy or prime party Involving the Property and any <br />Hazardous Substance or Enviroamental Law of which Bmmwer has actual knowledge„ (b) any Environmental <br />Condition, including but not limited to, any spilling, Iealdag, discharge, release or threat of release of any <br />Humdous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance <br />which adversely efieets the value of the Property. If Borrower learns, or is notified by any governmental or <br />regulatory authorfty, or any private patty, that any removal or other remediation of any Hazardous Substance <br />af%cting the Property is necessary, Borrower shall promptly Was all necessary remedial actions in accordance <br />with Environmental Law. Nothing heroin shall create any obligation on Lender for an linvironmental Cleanup. <br />NON- UN1PORM COVENANTS. Borrower and Loader further covenant end agree as follows: <br />22. Acceleration; Remedies. Lender shall love notice to Borrower prior to aeeeleradou following <br />Borrower's breach of say covenant or agreenocat in this Security InstmuM (bat not prior to <br />acceleration under Section 18 unless Applicable Law provides otherwloe , The notice shag specify. (a) <br />the default; (b) the action required to care the default; (c) a doh, not lea than 30 days from the date the <br />oodra its gives to Borrower, by which the default must be cured; and (d) that failure to cure the default <br />on or before the date specified In the notice may result in acceleration of the sum secured by this <br />Security Instrument and sale of the Proparty. The notice shall further inform Borrower of the right to <br />reinatato after acceleration and the right to bring a court action to assert the non-existence of a default <br />or any other defense of Borrower to acceleration and solo. If the default is not cared on or <br />before the date specified to the aede:e, Leader at its option may require Immediate payment is tun of all <br />soma secured by this Security Instrument without further demand and may Invoke the power of sale <br />and a" other remedies permitted by Applicable Law. Leader shall be entitled to collect an expenses <br />incurred in pursulug the remedies provided In this Section 22, indudiag, but not Hustled to, reasonable <br />attorneys' fees sad costa of fide evidence. <br />If the power of sale Is favoked, Trustee shag record a notice of default In each county in which any <br />part of the Property Is located and shall mail copies of sash notice in the manner prescribed by <br />Applicable Law to Borrower and to the other persons prescribed by Applicable Law. Altar the time <br />required by Applicable Law, Trustee shall give public notice of sale to the persons and In the manner <br />prescribed by Applicable Law. Trustee, without demand on Borrower, shag sell the Property at public <br />auction to the highest bidder at the time and place and under the terms designated to the notice of sale <br />hs one or morn percale and fn any order Trustee determines. Trustee may postpone sale of all or any <br />parcel of the Property by public announcement at too time and place of any previously scheduled sans. <br />Leader or fb dedgmee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shag deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals It the Trustee's deed shag be prima facie evidence of the truth of <br />the statements made dherchL Trades shall apply the proceeds of the sale in the fallowing order: (a) to all <br />costs and expenses of exembing the power of sale, and the sale, including the payment of tkc Trustee's <br />has actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums <br />secured by this Seearltq Instrument; and (e) say excess to the parson or persons legally entitled to tit. <br />23. Reconvoyaare. Upon payment of all sums secured by ibis Security laatrumem, Lender shall request <br />Trustee to recouvey the Property and shall mareader this Security Instrument and all notes evidencing dolt <br />secured by this Security Instrument to Trustee. Trustee shall moonvey the Property without warmoty to the <br />person or persons legally entitled to iL Such person or persons shall pay any recordation costs. Lender may <br />charge such person or persons a fee for reranvoying the Property, but only if the fee is paid to a third party <br />(such as the Trustee) for services rendered and the charging ofthe fee is permitted under Applicable Law. <br />24. Substitute Trustee. Leader, at its option, may from time to time remove Trustoe 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 convoyattee of the Property, the successor trustee shall succeed to all <br />the title, power and duties confiaW upon Trusted herein and by Applicable Law. <br />25. Request for Notices. Borrower requests that copies of the notice of default and ale be sent to <br />Borrower's address which is the Property Address. <br />gk4A(Me) (aaaa;.w CM (01/Di) Pop 10 of t t t'orm SM 1/01 <br />