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200207114 <br />by any governmental or regulatory authority, or my private parry, that arty removal or other rrmediation <br />Of any Hmardous Substance affecting the Property is necessary, Burrower shall promptly take all necessary <br />remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on <br />Lender for an Environmental Cleanup. <br />NON - UNIFORM COVENANTS. Borrower and holder further covenant and agree as follows: <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 IN unless Applicable Law provides otherwise). The notice shall specify: (a) <br />the default; (b) the action rW uured to cure the default; (c) a date, not leis than 30 days from the date <br />the notice is given to Borrower, by which the default must he 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 Burrower of the <br />right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of <br />a 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 Iimitert to, <br />reasonable attorneys' fees and costs of title evidence. <br />If the Power of sale is invoked, Trustee shall turned a notice of default in each county in which <br />any part of the property is Inalal 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 tine 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 dNermines. 'Trustee may postpone ale <br />at all or any parent of tine Property by public announcement at the time and place of any previously <br />scheduled 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'I'rustee's deed <br />conveying the property. The recitals in the 'I'ruster's daH shall be prima facie evidence of the truth <br />of the statements matte therein. Truster shall apply the proceeds of the sale in the following order: (a) <br />to all costs and expenses of exercising the power of sale, and the sale, including the payment of the <br />'frusta's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums seeureH by this Security Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />23. Rec v vane. Upon payment of all s ured by this Suavity Instrument, Lender shall <br />request Trustee to r eon vey the Property and shall surrender this Security Instrument and all notes <br />evidencing debt savred by this Security Instrument to 'trustee. Trustee shall reconvey the Property <br />without warranty to the person or persons legally entitled to it. Such person or persons shall pay any <br />recordation costs. Leader may charge such person or persons a fee for reconveying 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 fee is <br />permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may train time to time remove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder by an insumnan 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 tide, power and duties conferred upon Trusmc herein and by Applicable Law. <br />25_ Request for Notices. Borrower requests that copies of the notice of default and sale be sent to <br />Borrower's address which is the Properly Address. <br />mw.GAY� <br />(M GGINFa moos rwc13'1 6 Form 3025 Vnt <br />u� t <br />