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<br />6341000
<br />HALL
<br />
<br />200607176
<br />
<br />given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to
<br />Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this
<br />Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
<br />substances defmed as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
<br />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; (b)
<br />"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
<br />relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
<br />action, remedial action, or removal action, as defmed in Environmental Law; and (d) an "Environmental
<br />Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
<br />Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
<br />nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
<br />Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
<br />Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding
<br />two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
<br />Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
<br />maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or
<br />other action by any governmental or regulatory agency or private party involving the Property and any
<br />Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
<br />Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
<br />release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
<br />Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified
<br />by any governmental or regulatory authority, or any private party, that any removal or other remediation of
<br />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 />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
<br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
<br />acceleration under Section 18 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 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 sale 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 assert the non-existence of
<br />a default or any 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 at its option may require immediate payment in full of
<br />all sums secured by this Security Instrument without further demand and may invoke the power of
<br />sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all
<br />expenses incurred in pursuing the remedies provided 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 record a 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 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 manner
<br />
<br />242019 (rev03 01/01) [201913]
<br />
<br />Page 13 of 16
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<br />Form 3028 1/01
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<br />JA
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