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20031051'7 <br />b_\ :my governmental or reL, liatory authority, or any private party, that any removal or other remediation <br />o ::ny Hazardous Substance A'fecting the Property is necessary, Borrower 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 Lender 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 an covenant or agreement in this Security Instrument (but not prior to <br />acceleration under Section 1 S unless Applicable Law provides otherwise). The notice shall specify: (a) <br />the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date <br />th, notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the <br />dei,udt on or before the date specified in the notice may result in acceleration of the sums secured by <br />thi, Security Instrument and sale of the Property. The notice shall further inform Borrower of the <br />ri!,itt to reinstate after acceleration and the right to bring a court action to assert the non - existence of <br />a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or <br />b(Core the date specified in the notice, Lender at its option may require immediate payment in full of <br />all ,ums 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 limited to, <br />reasonable attorneys' fees 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 <br />an.N part of the Property is located and shall mail copies of such notice in the manner prescribed by <br />A; plicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time <br />required by Applicable La N%. Trustee shall give public notice of sale to the persons and in the manner <br />pi l ,cribed by Applicable Law. "Trustee, without demand on Borrower, shall sell the Property at <br />pi,Aic auction to the highest bidder at the time and place and under the terms designated in the <br />nl . ice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale <br />of :III or any parcel of the Property by public announcement at the time and place of any previously <br />sci:cduled 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 Trustee's deed <br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth <br />of c he statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) <br />to .III costs and expenses of exercising the power of sale, and the sale, including the payment of the <br />Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />al: ;toms secured by this 5ccurity Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />23. Reconveyance. t"pmi payment of all sums secured by this Security Instrument, Lender shall <br />rc :cst Trustee to reconvc% the Property and shall surrender this Security Instrument and all notes <br />e\ !cncing debt secured h\ this Security Instrument to Trustee. Trustee shall reconvey the Property <br />w, ~:lout warranty to the per,on or persons legally entitled to it. Such person or persons shall pay any <br />recorclation costs. Lender tnav charge such person or persons a fee for reconveying the Property, but only <br />if tltc tee is paid to a third IMI-ty (such as the Trustee) for services rendered and the charging of the fee is <br />permitted under Applicable l.aw. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a <br />su .cssor trustee to any Tru,tcc appointed hereunder by an instrument recorded in the county in which this <br />Sc Arity Instrument is recoi dcd. Without conveyance of the Property, the successor trustee shall succeed to <br />all :ic title, power and duuc_, conferred upon Trustee 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 />& , rower's address which i., the Property Address. <br />Initials: <br />6(NEll (000 5) Page 13 of 15 Form 3028 1/01 <br />