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200306402 <br />response action, remedial action, or removal action, as defined in Environmental Law; mid (d) an Environmental Condition <br />means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or <br />threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, <br />anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental <br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely <br />affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property <br />of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to <br />maintenance of the Property (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by <br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, <br />any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the <br />presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower (cams, or is <br />notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any <br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in <br />accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22.Accele ation; Remedtes.Lender shall give notice to Borrower prior to acceleration following Borrowers <br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration tinder Section 18 <br />unless Applicable Law provides otherwise). The notice shall specify: (a) the default (b) the action required to cure the <br />default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be <br />cured; and (d) that failure in cure the default on or before the date specified in the notice may result in acceleration of <br />the sums secured by this Security Instrument and sale of the Property. The notice shall further Inform Borrower of <br />the right in reinstate after acceleration and the right to bring a court action to gased the non-existence of a default or <br />any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the <br />notice, Lender at its option may require immediate payment in full of all sums secured by this Security tournament <br />without further demand and may invoke the power of sale and any other remedies permitted by Applicable taw. <br />Lender shall he entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, <br />including, but not limited m, reasonable attorneys fees and costs of tide evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the <br />Property is located and shall mail copies of such notice in the manner prescribed by Applicable law to Borrower and <br />to the other persons prescribed by Applicable Law. After the time required by Applicable taw, Trustee shall give <br />public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on <br />Borrower, shall sell the Property at public auction in the highest bidder at the time and place and under the terms <br />designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone <br />sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled <br />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 Trustees deed conveying the <br />Property. The recitals in the Trustees deed shall he prima facie evidence of the truth of the statements made therein. <br />Trainee shall apply the pmcecds of the sale in the following order. (a) to all costs and expenses of exercising the power <br />of sale, and the sale, including the payment of the Trustees fees actually incurred and reasonable attorneys fees as <br />permitted by Applicable Law; (b) to all stuns secured by this Security Instrument; and (c) any excess to the person or <br />persons legally entitled in it <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to <br />reoonvey the Property and shall surrender this Security histrement and all notes evidencing debt secured by this Security <br />Instrument to 'trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. <br />Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the <br />Property, but only if the fee is paid to a third party (such as the Inistee) for services rendered and the charging of the fee is <br />permitted under Applicable Law. <br />24.Substimte Ttostee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to <br />any Trustee appointed hereunder by an instrument recorded In the county in which this Security Instrument is recorded. <br />NEEWASRA Single family Fannie Mar/trcddie Non UNIFORM 1NSTRUVIFiNT Fong 3028 lint <br />GPFARANa <br />ITEM 1915L10(0011) (Page hoer I I gages) Tnordareall I80053Op 93Fac 516 4 91 -1131 <br />11.1,1 MMpape PaRM/ayhl0mabtl AbggBy¢ ra'hrroHMi <br />