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<br />200606850 <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 necessary <br />remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on <br />Lender for an Environmental Cleanup. <br />N eN- HNI-F0 RM- C(}Y~~~I~~-; __J?9El:~:'Y~t~~~~:~~_t:l~~~~ft1.r~h~~:~()',I~I1~l!:!:~!l~~.!!h'":l:~~:~_s_-.K()ll(1ws: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's br.each of any covenant or agreement in tillS Security Instl'llment (but not prior to <br />acceleration unde,' Section 18 unless Applicable Law provides other'wise). The notice shall specify: (ll) <br />the default; (b) the action required to cure the deflmlt; (c) a date, not less than 30 days from the date <br />the notice is given to Borrower, by wlllch the default must be cured; 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 Security Instrument and snle of the Property. The notice shall further inform Borrower of the <br />right to reinstate after acceleration and the right to bring a court action to ilSsert the non-existence of <br />a defnult or any other defense of Borrower to acceleration and salc. If the default is not cured on or <br />before the date specified in the notice, Lender at its option may require immediate payment in full of <br />all sums secured by this SeclU'ity Instrument without further demand and may invoke the power of <br />sale and any other remedies permitted by Applicable Law. Lender shnll be entitled to collect all <br />expenses incurred in pm'suing the remedies provided in tillS Section 22, induding, but not limited to, <br />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 wlLich <br />any part of the Property is located and shall mail copies of such notice in the manner prescribed by <br />Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time <br />required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manller <br />prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at <br />public auction to the ILighest bidder at the time and 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 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 receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth <br />of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) <br />to all costs and expenses of exercising tile power of sale, and the sale, induding the payment of the <br />Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to <br />all sums secured by tillS Security Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />23. Reconveyance. Upon payment of all sums 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 for reconveying 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. Substitute Trustee. Lender, at its option, may fi'om 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 Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to <br />all the title, power and duties conferred upon Trustee herein and by Applicable Law. <br />25. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to <br />Bor:rower'-s-address which is the Property Address. <br /> <br />G-6(NE) (0005) <br />@ <br /> <br />InitlaIS:.2V <br /> <br />230099 <br /> <br />Page 1 3 of 1 5 <br /> <br />~~ <br /> <br />Form 3028 1/01 <br />