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<br />200605786 <br /> <br />by any governmental or regulatory authority, or any private party, that any removal or other remediation <br />of any Hazardous Substanee affecting the Property is necessary, Borrower shall promptly take all neeessary <br />remedial actions in aecordance with Environmental Law. Nothing herein shall create any obligation on <br />Lender for an Environmental Cleanup. <br />NON-UNlrC>RM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Accelenltion; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's hre:lch of any covenant or agreement in this Security Instrument (hut not prior to <br />acceleration under Section 18 unless Applicahle Law provides otherwise). The notice shall specify: (a) <br />the default; (h) the action required to cure the default; (c) a date, lIot less than 30 days from the date <br />the notice is given to Borrower, hy which the default must he cured; and (d) that failure to cure the <br />default on or hefore the date specified in the notice m:ly result in acceleration of the sums secured hy <br />this Security Instrument and sale of the Property, The notice shall further inform Borrower of the <br />right to reinstate afte'" acceleration lInd the dght to hring a court action to assert the non-existence of <br />a default or any other defense of Borrowe,' to llcceleration llnd sale. If the default is not cured on or <br />hefore the dnte specified in the notice, Lender at its option may require immediate payment in full of <br />all sums secured hy this Security Instmment without further dem:md and may invol{e the power of <br />sale and any other remedies permitted hy Applicahle Law. Lender shall he entitled to collect all <br />expenses incurred in pursuing the remedies provided in this Section 22, including, hut not limited to, <br />reasonahle attorneys' fees and costs of title evidence. <br />If the power of sale is invol,ed, Trustee shall record II notice of default in each county in which <br />any part of the Property is located and shall mail copies of such notice in the manner prescrihed hy <br />Applicahle Law to Borrower and to the other persons prescrihed hy Applicllhle Law. After the time <br />relluired hy Applicahle Law, Trustee shall give puhlic notice of sale to the persons and in the mlllllle'" <br />prescrihed hy Applicahle Law. Trustee, without demllnd on Borrower, shall sell the P,"ope'"ty at <br />puhlic auction to the highest hidder at the time llnd place and under the terms designated in the <br />notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale <br />of all or any parcel of the Property by puhlic annollncement at the time and place of any previously <br />scheduled sale. Lender or its designee m:ly purchase the Property at any sale. <br />lJl}()Jl ,"cccipt of payment of the price hid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustee's deed shall he prima facie cvidence of the truth <br />of the shltements made the,"ein. Trustee sllllll apply the proceeds of the sale in the following order: (a) <br />to all costs lmd expenses of exercising the power of sale, and the sale, including the payment of the <br />Trustee's fees actually incurred and rellsonable attorneys' fees as Ilermitted by Applicahle Llnv; (h) to <br />all sums secured hy this Security Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />B. Reconveyance. Upon payment of all SUlTIS sccured by this Security InstrumenCLender 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 \varranty 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 t'(Jr reeonveying the Property, but only <br />if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is <br />permitted under Applicable Law. <br />24. Suhstitute Trustee. Lender, at its option, may thml time to time remove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this <br />Security Instrufm:nt is reeorded. Without conveyance of the Property, t he successor trustee shall succeed to <br />all the title, power and duties conferred upon Trustee hercin and by Applicable Law. <br />25. Request fOI" Notices. Borrower requests that copies of the notiee of default and sale he sent to <br />Borrower's address which is the Property Address. <br /> <br />P'lJe 13 of 1 5 <br /> <br />",,;.c% (5 <br /> <br />06-041407 <br /> <br />.-6(NE) (0407).01 <br />(~) <br /> <br />Fonn 3028 1/01 <br />