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200302389 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value ofthe Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognize be appropriate to normal residential uses and to maintenance of the Property (including but not limited to, hazardous substances in consumer products). Burrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private parry involving the Property and any Hazardous Substance or any spilling, leaking, discharge, release orthreat or release of any Hazardous Substance, and (c) any condition caused bythc Presence, use or release ofa Hazardous Substance which adversely affects the value ofthe Property. IfBorower leams, or is notified by any governmental 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 taw. Nothing herein shat t create any oh ligation on Lender for an Environmental Cleanup. NON - UNIFORM 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; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, bywhich the default must be cured; and BB that failure to cure the default on or before the date specified in the notice may result in acceleration ofthe sums secured by this Security Instrument and sale of the Properly. The notice shall further inform Borrower ofthe 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. Ifthe 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 secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and coats of title evidence. If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Lawto Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public notice ofsale to the persons and m the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale ofall or any parcel ofthe Property by public announcement at the time and place ofany previously scheduled sale. Lender or its designee may purchase the Property at any sale. the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Low; (b) to all sums secured by this Security Instrument; and (e) any excess to the person or persons legally entitled to it. 23. Reconveyanee. Upon payment of all sums secured by this Security Instrument, Lender shall requestTmstee to re- convey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only ifthe fee is paid to a third party (such as the Trustee) for services rendered and the charging ofthe fee is permitted under Applicable Law. 24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Request for Notices. Borrower requests that copies ofthe notice ofdefault and sale be sent to Borrower's address which is the Property Address. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) Borrower Gt rry I. Smith �� (Seal) Borowe, Do 7 ASnli[h Barowcr Bonowcr (Seal) (Seal) NERRAS"-- Single rumily— Fa nnie Mae/Freddie Mac UNIFORM INSTRUMENT Form3028 1101 Ivos'�fSpugJ 9954.CV(1/02) ot1t11M G010(1101W45e9)