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0042603332 <br />20030570b <br />by anygovernmeMat reguIatoryruthoritygr any privatEparty thatanyremovabr otherremediatioaf <br />any HazardouSubstancaffectinghe Propertys necessargorrowershallpromptly takeall necessary <br />remediahctionsin accordanceith EnvironmentdJaw. Nothing hereinshallcreateany obligatioron <br />Lender for an Environmental Cleanup. <br />NON -UNI FOR KCOVENANTSBorroweandLendefurtheicovenardndagre (asfoIlows: <br />22. Acceleration; Remedies. Lender shall 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 18 unless Applicable Law provides otherwise). The notice shall specify: (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 shall 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 a <br />default or any other defense of Borrower to acceleration and sale. If the default is 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 collect all <br />expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, <br />reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall 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 public <br />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 <br />parcel of the Property by public announcement at the time and place of any previously scheduled sale. <br />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 recitals in the Trustee's deed shall be prima facie evidence of the truth of <br />the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to <br />all costs and expenses of exercising the power of sale, and the sale, including the payment of the <br />Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums secured by this Security Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />23. Reconveyance. Uponpaymerof all summecuretJythisSecurittnstrumenLendeshaltequest <br />Trustedo reconvefheP rope rtp ndshallsurrendethisSecurit�nstrumerilindall notesevidencingebt <br />securetly thisSecurit�nstrumertlo TrusteeTrustee;hallreconve jhePropertyvithoutwarrant�o the <br />persoror persont3egallyentitledo it. Suchpersoror personshallpayanyrecordati000stsLendeirnay <br />chargcsuchpersoror persona feeforreconveyin *ePropertybut only if thefeeispaidtoathirdparty <br />(such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable Law. <br />24. Substitute Trustee. Lenderat its option,mayfrom timeto time removeTruste6andappoinfa <br />successmrustedo anyTruste(appointettereund&y an instrumenrtecordeth thecountyin whichthis <br />Securit fnstrumerit recordecWithouiconveyanvd thePropertAhesuccessbnusteshallsucceeffi all <br />the title, power and duties conferred upon Trustee herein and by Applicable Law. <br />25. Request for Notices. Borrowerrequestthatcopiemf thenoticeof defaultandsalebesentto <br />Borrower's address which is the Property Address. <br />Initials•, <br />(M-6(NE) (0005) Page 13 of 15 Form 3028 1/01 <br />B QV <br />