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<br />200701363 <br /> <br />Borrower shall not cause or permit the presence, use, disposal. storage, or release of any Hazardous Substances, <br />or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else <br />to do, anything af!ilcting the Property (a) that is in violation of any Environmental Law, (b) which creates an <br />Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a <br />condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the <br />presence, use, or storage on the Property ohmall quantities of Hazardous Substances that are generally recognized <br />to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, <br />hazardous substances in consumer products). <br />Horrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit Or other <br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance <br />or Environmental Law of which Borrower has actual knowledge, (h) any Environmental Condition, including but not <br />limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any <br />condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the <br />Property. If Borrower learns, or is notified by any governmental or regulatory authority. Or any private party, that <br />any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall <br />promptly take all 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 />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 acceleration under <br />Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action <br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by <br />wbicb tbe default must be cured; and (d) that failure to cure tbe default on Or before the date specified in tbe <br />notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The <br />notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court <br />action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the <br />default is not cured on or before the date specified in the notice. Lender at its option may require immediate <br />payment in full of all sums secured by this Security Instrument without further demand and may invoke the <br />power of 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, reasonable <br />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 any part <br />of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to <br />Borrower and to the other persons prescribed by Applicable Law. After tbe time required by Applicable Law, <br />Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, <br />without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and <br />place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee <br />determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time <br />and place of any previously 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 conveying <br />the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements <br />made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses <br />of exercising the power of sale. and the sale, including the payment of the Trustee's fees actually incurred and <br />reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; <br />and (c) any excess to the person or persons legally entitled to it. <br />23. Reconveyance. Upon payment oYaIl sums secured by this Security Instrumcnt, Lender shall request Trustee <br />to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this <br />Security Instrument to Trustee. Trustee shall reconvey the Property wilhout warranty to the person or persons legally <br />entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a <br />fee for reconveying tbe Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered <br />and the charging of the fee is permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument <br />is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties <br />conferred upon Trustee herein and by Applicable Law. <br />25. Request for Notices. Borrower requests that copies of the notice of default and sale Ill' sent to Borrower's <br />address which is the Property Address. <br /> <br /> <br />Borrower Initials; <br /> <br />Iy--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS <br />107) Page g or 11 <br /> <br />DocAfagic ei&trfi'iJfJ:f, 8(}(J-ti49-1362 <br />WIIVW. docmagic. com <br />