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<br />200604210 <br /> <br />Borrower shell promptly give Lender written notice of any investigetion, claim, demand, lawsuit or other action by any <br />governmental or regulatory agency or privete party involving the Property and any Hazardous Substance or Environmental Law of which <br />Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or <br />other remadiation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial <br />actions in accordance with Environmental Law. <br />As used in this paregraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by <br />Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and <br />herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20. <br />"Environmental Law" means federal lews and laws of the jurisdiction where the Property is located that relate to health, safety or <br />environmental protection. <br /> <br />21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach <br />of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless <br />applicable law provides otherwise). The notice shall specify: (a) the default: (b) the action required to cure the default: (cl <br />8 date, not less thall the minimum number of days esteblished by applicable law from the date the notice is -given to <br />Borrower, by which the default must be cured: and (d) thet failure to cure the default on or before the date specified in the <br />notice may result in acceleration of the sums secured by this Security Instrument. alld sale of the Property. The Ilotice <br />shall further inform Borrower of the right to reinstate after acceleratioll and the right to bring a court action to assert the <br />non.existence of a default or eny other defense of Borrower to acceleration and sale. If the default is not cured on or <br />before the date specified in the notice, Lender et its option may require immediate payment in full of all sums secured by <br />this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by <br />applicable law. lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this <br />peragraph 21. including, but not limited to, 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 any part of the <br />Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the <br />other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice of <br />sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the <br />Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale <br />in one or more parcels and in any order Trustee determines, Trustee may postpone sale of all or any parcel of the Property <br />by pUblic announcement at the time and place of any previously scheduled sale. lender or its designee may purchase the <br />Property et any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Property. The recitals in the Trustee's deed shall be prima facie evidanceof the truth of the statements made therein. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of <br />sale. end of the sale. including the payment of the Trustee's fees actually incurred. not to exceed % of the <br />principal amount of the note at the time of the declaration of default, and reasonable attorneys' fees es permitted by law; <br />(bl to all sums secured by this Security Instrument: and (c) any excess to the person or persons legally entitled to it. <br /> <br />22. Reconveyance. Upon payment of ell sums secured by this Security Instrument, Lender shall request Trustee to reconvey <br />the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. <br />Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or <br />persons shall pay any recordation costs. <br /> <br />23. Substitute Trustee, Lender. at its option. may from time to time remove Trustee and appoint a successor trustee to any <br />Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded, Without <br />conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by <br />applicable law. <br /> <br />24. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address <br />which is the Property Address. <br /> <br />By initialing. I acknowledge this is page 6 of 7 <br />of the Deed of Trust. <br /> <br /> <br />c... <br /> <br />Initials <br /> <br />Initials <br /> <br />@ Copyright Compll"" 5y,rom,.lnc. 199" 1994. 1995. 1997. 2004 <br />ITEM 121NEL6 104091 P'g.6.t 7 <br /> <br />W'ifJw.complianC8svstllms.com <br />900'996.8522 F.. 616.956.1868 <br />