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<br />200600286
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<br />asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal
<br />laws and laws of the jurisdiction where the Property is located that relate to health, safety or
<br />environmental protection; (c) "Environmental Cleanup" includes any response action, remedial
<br />action, or removal action, as defined in Environmental Law; and (d) an "Environmental
<br />Condition" means a condition that can cause, contribute to, or otherwise trigger an
<br />Environmental Cleanup.
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<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
<br />Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property.
<br />Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in
<br />violation of any Environmental Law, (b) which creates an Environmental Condition, or
<br />(c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that
<br />adversely affects the value of the Property. The preceding two sentences shall not apply to the
<br />presence, use, or storage on the Property of small quantities of Hazardous Substances that are
<br />generally recognized to be appropriate to normal residential uses and to maintenance of the
<br />Property (including, but not limited to, hazardous substances in consumer products).
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<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim,
<br />demand, lawsuit or other action by any governmental or regulatory agency or private party
<br />involving the Property and any Hazardous Substance or Environmental Law of which Borrower
<br />has actual knowledge, (b) any Environmental Condition, including but not limited to, any
<br />spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any
<br />condition caused by the presence, use or release of a Hazardous Substance which adversely
<br />affects the value of the Property. If Borrower learns, or is notified by any governmental or
<br />regulatory authority, or any private party, that any removal or other remediation of any
<br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
<br />necessary remedial actions in accordance with Environmental Law. Nothing herein shall create
<br />any obligation on Lender for an Environmental Cleanup.
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<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as
<br />follows:
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<br />22. Remedies. Lender at its option may require immediate payment in full of all
<br />sums secured by this Security Instrument without further demand and may invoke the
<br />power of sale and any other remedies permitted by Applicable Law. Lender shall be
<br />entitled to collect all expenses incurred in pursuing the remedies provided in this Section
<br />22, including, but not limited to, reasonable attorneys' fees and costs of title evidence.
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<br />If the power of sale is invoked, Trustee shall record a notice of default in each
<br />county in which any part of the Property is located and shall mail copies of such notice in
<br />the manner prescribed by Applicable Law to Borrower and to the other persons prescribed
<br />by Applicable Law. After the time required by Applicable Law, Trustee shall give public
<br />notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee,
<br />without demand on Borrower, shall sell the Property at public auction to the highest bidder
<br />at the time and place and under the terms designated in the notice of sale in one or more
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<br />CHAR1\764150_ I
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