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<br />200601775 <br /> <br />hy any governmental or n:gulatory authority. or any private party. that any removal or ot.ber remediation <br />of any Hazardous Suhstance atkcting the Property is necessary. Borrower shall promptly take all necessary <br />remedial actions in accordance with Environmental Law. Nothing herein shall create any ohligation 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 Borrnwer prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (hut not prior to <br />acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) <br />the default; (b) the ~Iction required to cure the default; (c) a date, not less than 311 days from the date <br />the notice is given to Borrower, by which the default must be cured; and (d) that faihll'e to cure the <br />default on or before the date specified in the notice m~ly I"esult in acceleration of the sums secUl"ed by <br />this Security Instrument and sale of the Property. The notice shall further inflmn Borrower of the <br />right 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 />hefore 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 dem~md 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, hut not limited to, <br />reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall reconl :1 notice of default in each count} in which <br />any part of the Property is located and shall mail copies of such notice in the manner presel"ibed hy <br />Applicable L:lw to Borrower and to the other persons presel"ibed by Applicable Law. After the time <br />required by Applicahle Law, Trustee shall give puhlic notice of sale to the persons and in the manner <br />prescribed by Applicable Law. Trustee, without demand on Borrower, Sh:ll1 sell the PI"operty at <br />public auction to the bighest bidder at the time :md place and under the terms designated in the <br />notice of sale in one or more parcels :Hul in any order Trustee determines. Trustee may postpone s~lle <br />of all or any parcel of the Propert). by public announcement at the time and place of any previously <br />scheduled sale, Lender or its designee ma)' purchase the Property :It any sale. <br />Upon ,"eceipt 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 f:tcie evidence of the truth <br />of the statemcnts m:lde thercin. Tmstee shall apply the proceeds of the sale in the following order: (a) <br />to all costs and expenses of exercising the powe'" of sale, allll the sale, including the payment of the <br />Trustee's fees actually incurred and reasonable ~lttorneys' fees as permitted by Applicable Law; (b) to <br />all sums seeUl"ed by this Security Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />23. Reconveyance. Upon payment of all sums secured hy this Security InstrUlTlent Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes <br />evidencing dcbt secured hy this Sccurity 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. Lender may charge such person or persons a fec for reconvcying tbe Property. but only <br />if the fee is paid to a third party (such as the Trustee) l(Jr services rendered and the charging of the fee is <br />permitted under Applieahle Law. <br />24. Substitute n'ustee. Lender, at its option. may fi-om time to tinle remove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder by an instrument rccorded in the county in which this <br />Security InstrulTlent is recorded. Without conveyance of the Property, the successor trustee shall succeed to <br />all the title. power and dutit:s conferred upon Trustee herein and by Applicable Law. <br />25. Request for "'lotices. Borrower requests that copies of the notice of <Jcfi.mlt and sale he sent to <br />Borrower's address which is the Property Address. <br /> <br />P<ge 13 of 1 5 <br /> <br />InjtjalS~P <br />V.Q.i! <br /> <br />0110247550 <br /> <br />.-6(NE) (0407).01 <br />@ <br /> <br />FOIl11 3028 1101 <br />