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<br />LOAN #l EOS084S0 <br />15. Sale of Agreement; Change of Loan Servlcer. The Agreement or a partial interest in the Agreement (together <br />with this Deed of Trust) may be sold one or more times without prior notice to you. A sale may result in a change in the <br />entity (known as the "Loan Servicer") that collects monthly payments due under the Agreement and this Deed of Trust. <br />There also may be one ormore changes of the Loan Servicer unrelated to the sale of the Agreement. If there is a change <br />of the Loan Servicer, you will be given written notice of the change as required by applicable law. The notice will state <br />the name and address of the new Loan Servicer and the address to which payments should be made. The notice will <br />also contain any information required by applicable law. <br /> <br />200606444 <br /> <br />16. Hazardous Substances. You shall not cause or permit the presence, use, disposal, storage, or release of any <br />Hazardous Substances on or in the Property. You shall not do, nor allow anyone else to do, anything affecting the <br />Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, <br />use, or storage on the Property of Hazardous Substances in quantities that are generally recognized to be appropriate <br />to normal residential uses and to maintenance of the Property. You shall promptly give us written notice of any <br />investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party <br />involving the Property and any Hazardous Substance or Environmental Law of which you have actual knowledge. If <br />you learn or are notified by any government or regulatory authority, that any removal or other remediation of any <br />Hazardous Substance affecting the Property is necessary, you shall promptly take all necessary remedial actions in <br />accordance with Environmental Law. As used in this Deed of Trust, "Hazardous Substances" are those substances <br />defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, <br />other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing <br />asbestos or formaldehyde, and radioactive materials. As used in this Deed of Trust, "Environmental Law" means <br />federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental <br />protection. <br /> <br />17. Acceleration; Remedies. You will be in default If (1) any payment required by the Agreement or this Deed <br />of Trust Is not made when It Is due; (2) we discover that you have committed fraud or made a material <br />misrepresentation in connection with the Agreement; or (3) your action, or your failure to act, adversely affects <br />our security for the Agreement or any right we have In the Property. We shall give you notice priorto acceleration <br />following your breach of any covenant or agreement in this Deed of Trust. The notice shall specify: (a) the <br />default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is <br />given to you, by which the default must be cured; and (d) that failure to cure the default on or before the date <br />specified In the notice may result in acceleration of the sums secured by this Deed of Trust, and sale of the <br />Property. The notice shall further Inform you of the right to reinstate after acceleration and the right to bring a <br />court action to assert the non-existence of a default or any other defense you may have to acceleration and sale. <br />If the default Is not cured on or before the date specified In the notice, we may, at our option, require immediate <br />payment in full of all sums secured by this Deed of Trust without further demand and may invoke the power of <br />sale and any other remedies permitted by applicable law. We shall be entitled to collect all expenses incurred <br />in pursuing remedies provided In this Section 17, including, but not limited to, reasonable attorneys' fees as <br />permitted by applicable law. <br />If we invoke the power of sale, we shall record or cause Trustee to record a notice of default In each county <br />in which any part of the Property Is located, and we shall mail or cause Trustee to mail copies of such notice in <br />the manner prescribed by applicable law to you to other persons prescribed by applicable law. Trustee shall give <br />notice of sale by public advertisement for the time and In the manner prescribed by applicable law. Trustee, <br />without demand on you, shall sell the Property at public auction to the highest bidder at the time and place and <br />under the terms designated In the notice of sale in one or more parcels and In any order Trustee determines. <br />Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of <br />any previously scheduled sale. We or our designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Property without any covenant or warranty whatsoever. The recitals In the Trustee's deed shall be conclusive <br />evidence of the truth of the statements made therein, unless otherwise provided by applicable law. Trustee shall <br />apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of <br />sale, and the sale including, but not limited to, Trustee's fees of of the gross sale price and <br />reasonable attorneys' fees (as specified above); (b) to all sums secured by this Deed of Trust; and (c) any excess <br />to the person or persons legally entitled to It. <br /> <br />18. Discontinuance of Enforcement. Notwithstanding our acceleration of the sums secured by this Deed of Trust <br />under the provisions of Section 17, we may, in our sole discretion and upon such conditions as we in our sole discretion <br />determine, discontinue any proceedings begun to enforce the terms of this Deed of Trust. <br /> <br />19. Release. Upon payment of all sums secured by this Deed of Trust, we or the Trustee shall release this Deed <br />of Trust. You shall pay any recordation or filing costs and any fees paid to a third party for services rendered in <br />reconveying or releasing this Deed of Trust, to the extent allowed by law. <br /> <br />20. Additional Charges. You agree to pay reasonable charges as allowed by law in connection with the servicing <br />of this loan including, without limitation, the costs of obtaining tax searches and subordinations, provided, however, <br />that nothing contained in this section is intended to create and shall not be construed to create any duty or obligation <br />by us to perform any such act, or to execute or consent to any such transaction or matter, except a release of the Deed <br />of Trust upon full repayment of all sums secured thereby. <br /> <br />21. Substitute Trustee. We may, at our option, from time to time remove Trustee and appoint a successor trustee <br />to any Trustee appointed hereunder by an instrument executed and acknowledged by us and recorded in the office of <br />the Recorder of the county in which the Property is located. The instrument shall contain the name of the original lender, <br />Trustee and borrower, the book and page where this Deed of Trust is recorded and the name and address of the <br />successor trustee. Without conveyance of the Property, the successor trustee shall succeed to all the title, powers and <br />duties conferred upon the Trustee herein and by applicable law. <br /> <br />22. Possession of the Property. You shall have possession of the Property until we have given you notice of default <br />pursuant to paragraph 17 of this Deed of Trust. <br /> <br />NE . DEED OF TRUST. Single Family. HELOC . HC# 20934 (02/00) <br />@ 2004 Online Documents, Inc. 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