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<br />200602706 <br /> <br />by any govenl111C:lItal or rc:gulatory authority, or any privatc: party, that any removal or other remediation <br />of any Hazardous Substanc:e affecting the Property is necessary, Borrowcr shall promptly takc: allllc:cc:ssary <br />rC:1l1c:dial actions in accordance with Environmental Law. Nothing hcrc:ill shall nc:atc: any obligation on <br />Lender for an Environmental Cleanup. <br />NON-UNIFORM ('OVENANTS. Borrower and Lc:ndc:r furthn c:ovc:mmt and agree as follows: <br />22. Accelemtion; Remedies. Lendel' shall give notice to Borrower IHior to accclemtion following <br />Borrower's brellch of lmy covenant or agreement in this Security Instrument (hut not prior to <br />acceleration under Section HI unless Applicable Law provides otherwise), '1'he notice shall specify: (a) <br />the default; (h) the action relluired to cure the deflmlt; (c) a date, not less Hllln 30 dllYs from the date <br />the notice is given to Borrower, hy which the default must he cured; and (d) that fllilure to cure the <br />default on or before the dllte sllecified in the notice may result in acceleration of the sums secured by <br />this Security Instrument and sale of the Property. The notice shall further inform Borrower of the <br />right to reinstate after acceleration and the right to bring a court llction to llssert the non-existence of <br />a deflHlIt or lllly other defense of Borrower to accelerlltion and sale. If the defllUlt is not cured on or <br />before the date specified in the notice, Lendel- lit its option may relluire immediate payulCnt in full of <br />all sums secured by this Security Instrument withont furthel' demand and may invol,e the power of <br />sale and any other remedies permitted by Applicable Law. Lender slulll be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, <br />rellsollllble attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in ellch coullty in which <br />any Ilart of the Property is located and shall mail copies of such notice in the nUlllner prescribed by <br />Allplicllble Law to Borrower lmd to the other persons IJrescrihed hy Alllllicable 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, shall sell the Property at <br />puhlic auction to the highest bidder llt the time and Il!:lce and under the tenus designated in the <br />notice of sale in one or more parcels and ill any order Trustee determines. Trustee mlly postpone sale <br />01" all III' lmy parcel of the Pnlpel.t)' by public announcement at the time and place of any previously <br />scheduled sale. Lender or its designee may purchase the Property' at any sale. <br />Upon receillt of payment of the price hid, Trustee shall delivel' to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustee's deed Shllll he prima facie evidence of the truth <br />of the statements mllde therein. Trustee shllll apllly the Ilroceeds of the sale in the following onlcl-: (a) <br />to all costs 11lHI expcnses of exercising the power of sale, and the sale, including the payment of the <br />Tntstee's fees actually incurred and reasonahle attorneys' fees as Ilermitted hy Applicable Lmv; (b) to <br />all sums secured hy this Security Instrument; and (c) lmy excess to the person or persons legally <br />entitled to it. <br />23. ReconveYllnce. UPOll payment of all SUlllS secured by this Security Instnllllc:nt. Lell(kr shall <br />rC:(juc:st Trustee to reconvc:y thc Property and shall surrendc:r this Security Instrulllent and all noks <br />evidencing dc:bt sec:ured by this Security InstrllmC:llt to Trustc:c:. Trustee shall rC:COllVCY the I'ropnty <br />without warranty to the pc:rson or persons kgally C:lllillcd to it. Such person or pnSOllS shall pay any <br />recordation costs. Lender may chargc: such person or pnsons a tec: !()r reconveying thc: Property, but only <br />if the tec: is paid to a third party (such as thc: Trustee) for sc:rviec:s rendered and the charging of thc: j(;c: is <br />pnmittc:d 1I1llkr Applicabk Law. <br />24. Substitute l'rustee. Lender, at its oplion. lllay from tinle to timc: rC:lIlove Trustee and appoint a <br />SllCCC:SSor trustee to any Trustee appointc:d hc:rc:ullder by an instrUlllent recordc:d in the county in which this <br />Sc:cllrity Illstrulllc:nt is rc:corded. Without conveyallce of thc: Propc:rty. the succc:ssor trustee shall sUClTc:d to <br />allthc: tjtle. power and dutjes conferru!upoll Trustee herc:in and by Applic:abk Law. <br />25. Request fill' Notices. Borrower rC:(juc:sts that copic:s of the notice of dd'ault and sak bc: SC:lit to <br />Borrown's addrc:ss which is thc Property Addrcss. <br /> <br />Initi"ls . (~ Uj () <br /> <br />0110247846 <br /> <br />G-6(NE) (0407).01 <br />@ <br /> <br />P"Je 1 3 of .1 5 <br /> <br />Fonl1 3028 1/01 <br />