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<br />'200203392 <br /> <br /> <br />BOITower shall prOl'llptly give Lenderwritten notice of {a) any im:cstigation, claim, demand, lawsuit or <br />other action by any govemmentai or r~gulatory agency or private part;. involving the Property and any Hazardous <br />Substance or Environmental Law of which Borrower has lIen/al knowledge, (b) any Environmental Condition, <br />including but not limited to, any spilling, leaki,lg, discharge. rdea~e or threat of release of any Hazardous <br />Substance, and (c) any condition caused by the pre-~ence. use or reIcaseofa}~a7.ardous Substance which adversely <br />affects the v:1lue of the Property. If Borrower learns, or IS notified by any govemmental or regulatory authority, or <br />any private parry, that any removal or other remediation of any Hazardous Subs!ancc affectil,l& the Property is <br />necessary, BOITower shall promptli take all necessary remedial actions in accordance with Environmental Law. <br />Nothing herein shall create any obiif;ation on Lender for an Environmentar' Cleanup. <br /> <br />NON-UNIFORM COVENANTS. B0rrower and Lender fur'Jler covenant and agree as follows: <br />22. Acceleratiou; Remedies. Leuder shaU give notice to Borrower prior to acceleratioro foUowing <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration <br />under Section 18 unless Applicable Law provides otlwrwise). The notice shall specify: (a) the default; (b) <br />the action required to cure the default; (c) a date, not less than 30 days from the datetne notice is given to <br />Borrower, by which the default must be cured; and (d)tha~ failure to cure the default on or before the date <br />specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of <br />the Property. The notice shall further inform Borrower of the right to rdnstste after acceleration and the <br />right to bring a court action to assert the non-existence of a default or any other defense of Borrower to <br />acceleration and sale. If the default is not cllred on or before the date specified in the notice, Lender at its <br />option ma)' require immcdillh: payment in full of aU sums secured by this Security Instrument without <br />funhtr demand and may invoke the power of sale and any other remedies pennitted by Applicable Law. <br />Lender shall be entitled to coUect all expenses incurred in pursuing the r~medies provided in this Section <br />n, including, but not limited to, reasonable attorneys' lees 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 any <br />p:ut of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable <br />Law to Borrower and to the other persons prescribed by Applicable Law. After the time requlred by <br />Applicable Law, Trustee shall give public notice of sale to the person!: and in the manller prescribed by <br />Applicable Law. Trustee, without demand on Borrower, shaU sell the Property at public auction to the <br />highest bidder at the time and place and under the terms designated in the notice of sale In one or more <br />parcels and in any order Trustee determines. Trustee may postpone sale of aU or any parcel of the Property <br />by public announcement at the time and place of any previously scheduled sale, Lender or Its designee may <br />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 the <br />statements made therein. Trvstee shall apply the proceeds of the sale In the (ollowlng order: (a) to all costs <br />and expenses of exercising the powcr of sale, and the sale, Including the payment o( the Trustee's fees <br />actually incurred and reasonable llltorney's' fees as permit led by Applicable Law; (b) to all ~ums secured by <br />this Security Instrument; and (c) any excess to the person or persons legally entitled to It. <br />23. Reconve):ance. Upon payment of all sums secured 1:>y this Security Instrument, Lender shall reque~t <br />Trustee to rtconvey the Property <lnd shall surrender this Security Inst.rument and all notes evidencing debt <br />secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty 10 the per~on <br />or per.ions kgally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such <br />person or persons a fee for rr.:conveying the Property, but only if the Jee is paid to a third party (such as the <br />Trustee) for services rcndered and the charging of the fee is permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Truslee and appoint a <br />succes~or trustee to any Truster. appointed hereunder by an instrument recorded in the county in which this <br />S,:curity instrument is recorded. Without conveyance of the Property, the successor trustee Sb!lll succeed to all the <br />title, power ;mJ duties conferred upon Trustee herein and by Applicable Law. ., <br />25. Ilequest for Notices. Borrower rC'Iuests th;n copies of the notice of default and saie be sent k1 <br />Borrower',; i1ddres~ whidl is (he Property Address. <br /> <br />=..6(!Ij[) "'''''' <br /> <br />P.~c 13 or 1'1 <br /> <br />(\ <br /> <br />lnl1ialslt(~Jl\ <br /> <br />FOOl) 30U 1i0 I <br />