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<br />200700526 <br /> <br />mortgage loan servicing obligations to Borrower will remain with the Loan Servieer or be transferred to <br />a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the <br />Note purchaser. <br />19. Hazard.,us Substances. As used in this Section 19: (a) "Hazardous Substances" are those <br />substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and <br />the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic <br />pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and <br />radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where <br />the Property is located that relate to health, safety or environmental protection; (c) "Environmental <br />Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental <br />Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or <br />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 <br />do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any <br />Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, <br />use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the <br />Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of <br />small quantities of Hazardous Substances that are generally recognized to be appropriate to normal <br />residential uses and to maintenance of the Property (including, but not limited to, hazardous substances <br />in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit <br />or other action by any governmental or regulatory agency or private party involving the Property and <br />any 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 <br />of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release ofa <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 <br />of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all <br />necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any <br />obligation on Lender for an Environmental Cleanup. <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />20. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or agreement in this Security Instrument (but not <br />prior to acceleration under Section 16 unless Applicable Law provides otherwise). The notice shall <br />specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days <br />from the date the notice is given to Borrower, by which the default must be cured; and (d) that <br />failure to cure the default on or before the date specified in the notice may result in acceleration <br />of the sums secured by this Security Instrument and sale of the Property. The notice shall further <br />inform Borrower of the right to reinstate after acceleration and the right to bring a court action <br />to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. <br />If the default is not cured on or before the date specified in the notice, Lender at its option may <br />require immediate payment in full of all sums secured by this Security Instrument without <br />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 <br />provided in this Section 20, including, but not limited to, Reasonable Attorneys' Fees and costs of <br />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 <br />by Applicable Law to Borrower and to the other persons perscribed by Applicable Law. After the <br />time required by Applicable Law, Trustee shall give public notice of sale to the persons and in the <br />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 <br />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 <br />time and place of any previously scheduled sale. Lender or its designee may purchase the <br />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 <br /> <br />Paga 8 of 10 <br /> <br />NE-2030-1206 <br />