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20031051'7 b_\ :my governmental or reL, liatory authority, or any private party, that any removal or other remediation o ::ny Hazardous Substance A'fecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of an covenant or agreement in this Security Instrument (but not prior to acceleration under Section 1 S unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date th, notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the dei,udt on or before the date specified in the notice may result in acceleration of the sums secured by thi, Security Instrument and sale of the Property. The notice shall further inform Borrower of the ri!,itt to reinstate after acceleration and the right to bring a court action to assert the non - existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or b(Core the date specified in the notice, Lender at its option may require immediate payment in full of all ,ums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If the power of sale is invoked, Trustee shall record a notice of default in each county in which an.N part of the Property is located and shall mail copies of such notice in the manner prescribed by A; plicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable La N%. Trustee shall give public notice of sale to the persons and in the manner pi l ,cribed by Applicable Law. "Trustee, without demand on Borrower, shall sell the Property at pi,Aic auction to the highest bidder at the time and place and under the terms designated in the nl . ice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of :III or any parcel of the Property by public announcement at the time and place of any previously sci:cduled sale. Lender or its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of c he statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to .III costs and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to al: ;toms secured by this 5ccurity Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Reconveyance. t"pmi payment of all sums secured by this Security Instrument, Lender shall rc :cst Trustee to reconvc% the Property and shall surrender this Security Instrument and all notes e\ !cncing debt secured h\ this Security Instrument to Trustee. Trustee shall reconvey the Property w, ~:lout warranty to the per,on or persons legally entitled to it. Such person or persons shall pay any recorclation costs. Lender tnav charge such person or persons a fee for reconveying the Property, but only if tltc tee is paid to a third IMI-ty (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable l.aw. 24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a su .cssor trustee to any Tru,tcc appointed hereunder by an instrument recorded in the county in which this Sc Arity Instrument is recoi dcd. Without conveyance of the Property, the successor trustee shall succeed to all :ic title, power and duuc_, conferred upon Trustee herein and by Applicable Law. 25. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to & , rower's address which i., the Property Address. Initials: 6(NEll (000 5) Page 13 of 15 Form 3028 1/01