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} RE- RECORDED 200212629 <br />200304845 LO" 11.80088363 <br />15. Sale of Agreement; Change of Loan Servicer. The Agreement or a partial interest in the Agreement (together with (his <br />Deed of Tmst) may be sold one or more times without prior notice to you A sale may reside in a change in the entity (known as the <br />"Loan Servicer ") Ihat collects monthly payments due under the Agreement and this Deed of Trust There also may be one or more <br />changes ofthe Loan Servicer unrelatedto the sale ofthe Agreement Ifthcre is a change ofthe Loan Services, you will be given written <br />notice ofthe change as required by applicable law'.'fhe notice will state the name and address ofthe new Loan Servicer and the address <br />to which payments should be made The notice will 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 Hazardous <br />Substances on or in the Property. You shall not do, nor allow anyone else to do, anything affecting the Property that is in violation <br />ofany Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of Hazardous <br />Substances is quantities that are generally recognized to be appropriate to normal residential uses and to maimci ance ofthe Property. <br />You shall promptly give its written notice of any investigation, claim, demand, lawsuit or other action by any governmental or <br />regulatory agency or private parry involving the Property and any Hazardous Substance or Environmental Law of which you have <br />actual knowledge. If you learn or are notified by any government or regulatory authority, (had any removal or other remediation of <br />any Hazardous Substance affecting the Property is necessary, you shall promptly lake all necessary remedial actions in accordance <br />withEnvironmental law. As used in this Deed ofTmst, "Hazardous Substances" are those substances defined as toxic or hazardous <br />substances 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 materials. As used <br />in this Deed of Trust, "Erik ronmenlal Law" means federal law's and laws of Onion sit icttoo where (he Property is located that relate <br />to hcallh, 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 Trust <br />is not made when it is due; (2) we discover that you have committed fraud or made a material misrepresentation in connection <br />with the Agreement; or (3) your action, or your failure to act, adversely affects our security for the Agreement or any right <br />we have in the Property. We shall give you notice prior to acceleration following your breach of any covenant or agreement <br />in this Deed of Trust. The notice shall specify: (a) the default; (h) the action required to cure the default; (c) a date, not less <br />than 30 days from the date the notice is given to you, 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 ofthe sums secured by this Deed of Trust, and sale of <br />the Property. The noticeshall furlherinform you ofthe rightto reinstate after acceleration and the right tobringacourl action <br />to assert the non - existence of a default or any other defense you may have to acceleration and sale. If the default is not cured <br />on or before the date specified in the notice, we may, at our option, require immediate payment in full of all sums secured by <br />this Deed of Trust without further demand and may invoke the power of sale and any other remedies permitted by applicable <br />law. We shall be entitled to collect all expenses incurred in pursuing remedies provided in this Section 17, including, but not <br />limited to, 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 in which <br />any part of the Property is located, and we shall mail or cause Trustee to mail copies of such notice in the manner prescribed <br />by applicable law to you to other persons prescribed by applicable law. Trustee shall give notice of sale by public <br />advertisement for the time and in the manner prescribed by applicable law. Trustee, without demand on you, shall sell the <br />Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale <br />in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel ofthe Property <br />by public announcement at the time and place of any previously scheduled sale. We or our designee may purchase the <br />Property at any sale <br />Upon receipt of payment ofthe price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property <br />without any covenant or warranty whatsoever. The recitals in the Trustee's deed shall be conclusive evidence of the truth of <br />the statements made therein, unless otherwise provided by applicable law. Trustee shall apply the proceeds of the sale in the <br />following order: (a) to all costs and expenses afexercisingthe power of sale, and the sale including, but not limited to, Trustee's <br />fees of of the gross sale price and reasonable attorneys' fees (as specified above); (b) to all sums secured by <br />this Deed of Trust; and (c) any excess to the person or persons legally entitled to it. <br />18. Discontinuance of Enforcement. Notwithstanding our acceleration of the sums secured by this Decd ofTmst under the <br />provisions of Section 17, we may, in our sole discreton and upon such conditions as we in our sole discretion determine, discontinue <br />any proceedings begun to enforce the terms of this Deed of Trust. <br />19. Release. Upon payment of all sums scented by this Deed of Trust, we or the Trui shall release this Deed of Trust. You <br />shall pay any recordation or filing costs and any fees paid to a third party for services rendered in recom'eying or releasing this Deed <br />of Trust, to the extent allowed bylaw. <br />20. Additional Charges. You agree to pay reasonable charges as allowed bylaw in connection with the servicing ofthis loan <br />including, without limitation, the costs ofobmining tax searches and subordination, provided, however, that nothing contained <br />in this section is intended to create and shall not be construed to creme any duty or obligation by us to perform any such act, or to <br />execute or consent to any such transaction or matter, except a release of the Deed of Tmst upon fill repayment of all sums secured <br />thereby. <br />21. Substitute Trustee. We may, at our option, from time to time remove Trustee and appoint a successor trustee to any'fmstee <br />appointed hereunder by an instrument executed and acknowledged by us and recorded in the office ofthe Recorder ofthe county in <br />which the Property is located. The instrument shall contai ithe name ofthe original lender, Trustee and borrower, the book and page <br />where this Deed of Trust is recorded and the narne and address of the successor trustee. Without conveyance of the Property, the <br />successor trustee shall succeed to all the title, powers and duties conferred upon the Trustee herein and by applicable law. <br />22. Possession of the Property. You shall have possession ofthe Property until we have given you notice ofdefault pursuant <br />to paragraph l7 of this Deed of Trust. -��q <br />NN - DEED OF TaI1Sa'- Single Family -IIEL(K- IIC420934 (02100) Initials. k3z�� <br />03002 Dunne IEi,wmenu, Inc. Page 4 of 5 NLQDEED <br />11 -01 -2002 13124 <br />