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200213491 <br />Borrower shall promptly give Lender written notice of any investigation, claw, demand, lawsuit or other action by any <br />governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental <br />Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory <br />authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower <br />shall promptly take all necessary remedial actions in accordance with Environmental Law. <br />As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by <br />Environmental law and the following substances gasoline, kerosene, other flammable or toxic petroleum products, toxic <br />pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As <br />used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is <br />located that relate to health, safety or environmental protection. <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />21. Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 <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 most be <br />cored; and (d) that failure to care 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 farther inform Borrower of <br />the right to reinstate after acceleration and the right to bring a court action to assert 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 <br />the notice, Lender at its option may require immediate payment in fall of all sums secured by this Security Instrument <br />without further demand and may invoke the power of sale and any other remedies permitted by applicable law. <br />Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, <br />Including, but not limited to, reasonable attorneys' fees mad 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 part of the <br />Property Is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to <br />other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice <br />of sale to the persons and in the counter prescribed by applicable law. Trustee, without demand on Borrower, shall <br />sell the Property at public auction to the highest bidder at the time and place and under the terms designated is the <br />notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of an or any <br />parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its <br />designee may purchase the Properly at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Property. The recitals In the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all casts and expenses of exercising the power <br />of sule, and the sale, including the payment of the Trustee's tees actually Incurred, not to exceed 11.000 <br />of the principal amount of the note at the time of the declaration of default, and reasonable attorneys' fees as <br />permitted by law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons <br />legally entitled to it. <br />22. Reconveyance. Upon payment of all sums secured by flits Security Instrument, Lender shall request Trustee to <br />reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security <br />Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons <br />legally entitled to it. Such person or persons stall pay any recordation costs. <br />23. Substitute Trustee. 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 />Without conveyance of the Property, the sruxessor trustee shall succeed to all the title, power and duties conferred upon <br />Trustee herein and by applicable law. <br />24. Request for Notices Borrower requests that copies of the notices of default and sale be sent to Borrower's address <br />which is the Property Address. <br />netaasax- a.yer..gc.wemvcre�mea.. umroxu wsrauuerr Liitiels: �!"V <br />P" 6 47 ,r " <br />