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<br />200603226 <br /> <br />by any governmental or regulatory authority, or any private party, that any removal or other remediation <br />of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all m;cessary <br />remedial actions in accordance with Environmental Law. Nothing herl..:in shall create any obligation on <br />Lender for an Environmental Cleanup. <br />NON~UNJrORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to BOlTower priOl" to acceleration following <br />Borrower's breach of any covenant or agreement in this Securi~' Instrument (hut not prior to <br />acceleration under Section 1 H 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 />the notice is given to Borrower, by which the default mllst be cm"ed; and (d) that failure to cure the <br />default on or before the date specified in the notice may result in acceleration of the sums secured by <br />this Securi~' Instrument :md sale of the Property. The notice shall further inform Borrowel" of the <br />right to reinstate lIfter acceleration and the right to bring :1 court action to assert the non-existence of <br />a default 0'- any other dcfense of Borrowel" to acceleration and sale. If the default is not cured on or <br />before the date specified in the notice, Lender at its option may .-equire immediate payment in full of <br />all sums secm"ed by' this Secu.-ity Instrument without furtbe.- demand and may invoke tbe power of <br />sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all <br />expenses incu.-red in pursuing the remedies p.-ovided 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 .-ecord a notice of default in each c(lunty in which <br />any part of the P.-oper~' is I(lcated and shall mail copies of such notice in tbe manner p.-escribed by <br />Applicable Law to BOlTower and to the other pers(lns prescribed by Applicable Law. After tbe time <br />required by Applicable Law, Trustee shall give public notice of sale to the persons :md in tbe manner <br />Ilrescribed by ^rlplicable Law. Trustee, without demand on Borrowel", shall sell the Property at <br />public auction to the highest bidder at the time and plllce and under the terms designated in tbe <br />notice of sale in one or more parcels and in any o.-der Trustee determines. Tmstee may postpone sale <br />of all or any pal"cel of the PI"ope.-ty by public announcement at the time and place of any' previously <br />scheduled sale. Lender or its designee may purch:lse the Pl"llperty 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 recit:lls in the Trustee's deed shall be prima facie evidence of the truth <br />(If the statements mluIe therein. Trustee shall apply the p.-oceeds of the sale in the following o.-der: (a) <br />to all costs and expenses of exercising the power of sale, :md the sale, including the payment of the <br />Trustee's fees actually incurred and reasolJllble attorueys' fees as permitted by Applicable Law; (b) to <br />all sums secu.-ed by this Secul"ity Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />23. Reconveyance. Upon paynlent of all SUIlIS secured by this Security instrument. Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes <br />evidencing debt secured by this Security 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 fee f('f reeonveying the Property, but only <br />if the fee is paid to a third party (such as the Trustee) for serviees rendered and the charging of the fee is <br />permitted under Applicable Law_ <br />24. Substitute Trustee. Lender. at its option. IlIay from time to time remove Trustce and appoint a <br />successor trustee to any Trustee appoinh.:d hereunder by an instrument recorded in the county in which this <br />Security Instrument is recorded. Without conveyance of the Property. the successor trustee shall succeed to <br />all the titk power and duties conferred upon Trustee ll\;rein and by Applicable Law. <br />25. Request for ~otices. Borrower requcsts that copies of the notice of default and sale be sent to <br />Borrower's address which is the Property Address. <br /> <br />Initials: ttW ~ <br /> <br />0110247977 <br /> <br />G-6(NE) (0407).01 <br />(t> <br /> <br />P"Je 1 3 of 1 5 <br /> <br />Fonn 3028 1/01 <br />