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APR -15 -2003 TUE 01 :12 PM HOME FEDERAL -NORTH 308 382 6338 P. 14 <br />200305001 <br />by any governmental or regulatory authority, or any private party, that any removal or other remediation <br />of any Hazardous Substance affecting the Property is necessary, Borrower shalt promptly take all necessary <br />remedial actions in accordance with Environmental Law. Nothing herein shalt create any obligation on <br />Lender for an Environmental Cleanup. <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shW give notice to Borrower prior to- acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to <br />acceleration under Section 19 unless Applicable Law provides otherwise). Tlne notice shall spedty: (a} <br />the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date <br />the notice is given to Borrower, by which the default must be. cured; and (d) that failure to cure the <br />default on or before the date specified in the notice may result In acceleration of the sums secured by <br />this Security Instrument and sale of the Property. The notice aball further Inform Borrower of the <br />right to reinstate after acceleration and the right to bring a court action to assert the non - existence of <br />a default or any other defense of Borrower to acceleration and sale. If the default 4t not cured on or <br />before the date specified In the notice, Lender at Its option may require immediate payment in full of <br />all sums secured by this Security Instrument without further demand and may Invoke the power of <br />sale and any other remedies permitted by Applicable Law. Lender shall be entitled to tolled all <br />expenses incurred in pursuing the reanedfes provided In this Section 22, including, but not limited ter, <br />reasonable attorneys' foes and costa of title evidence. <br />If the power of sale Is Invoked, Trudea shag record a notice of default in each county In which <br />any part of the Property is located and shall mail copies of such notice in the manner prescribed by <br />Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After 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, shall sell the Property at <br />public auction to the highest bidder at the time and place and under the terms designated in the <br />notice of sale In one or more parcels and In any order Trustee determines. Tutee may postpone sale <br />of all or any parcel of the Property by public announcement at the time and place of any previously <br />schednded sale. Lender or its 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 <br />conveying the Property. The redtale M the Trustee's deed shalt be prima fade evidence of the truth <br />of the statements made therein. Trustee shall apply the proceeds of the sale M the following order: (a) <br />to all comb and expenses of exercising the power of sale, and the sale, including the payment of the <br />Trustee's fen actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums secured by this Security imtrument� and (c) any cum to the person or persons legally <br />entitled to it. <br />23. Reconveyance. Upon payment of all aums secured by this Security Instrument. Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes <br />evidencing debt secured by this. Security Instrument to Trustee_ Trustee shall recoavey the Property <br />without warranty to the person . or persons legally entitled to it. Such person or persons shall pay any <br />recordation costs. Lender may charge such person or peraaas a fee €or reeonveying the Property, but only <br />if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the too is <br />permitted under AppikableLaw. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a <br />saaxssor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this <br />Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to <br />all the title, power and duties conferred upon Trustee herein and by Applicable Law. <br />25. Request for Notice&. Borrower requests that copies_ of the notice, of default and sale be sent to <br />Borrower's address which is the Property Address. <br />a ads!�: <br />®-61NE) i0005to i pw to at to Fomr 3028 1/01 <br />m <br />