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<br />LOAR I, 0021635891
<br />21. Hazardous Subetancn. As used In this Section 21: (a) "Hazardous Substances" are those substances defined
<br />as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substanoes: gasoline,
<br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />containing asbestos orfonnaldehyde, and radioactive materials; (b) "Environmental Law" muns federal laws and laws
<br />of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (0)
<br />"Environmental 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 otherwise trigger an
<br />Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances I
<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 affecting the Property (a) that Is In violation of any Environmental Law, (b) which creates an Environmental
<br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely
<br />affects the value of the Property. The preceding two sentences sha. not apply to the presence, use, or storage on the Property
<br />of sman quantttles 01 Hazardous Substances 1hat are generally recognized to be appropriate to normal residential uses and
<br />to maintenanoe of the Property (Including, but not limited to. hazardous substances i1 consumer products).
<br />Borrower shall promptly give Lender written notice of (8) any Investigation. claim, demand. lawsuit or other action
<br />by any govemmental or regulatory agency or private party involving the Property and any Hazardous Substance or
<br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, Including but not limited
<br />to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition
<br />caused by the presence. use or release of a Hazardous Substance which adversely affects the value of the Property.
<br />If Borrower learns, or is notified by any governmental or regulatory authority. or any private party, that any removal or
<br />other remediation 01 any Hazardous Substance affecting the Property Is necessary, Borrower shall promptly take all
<br />necessary remedial actions In accordancewi1h Environmental Law. Nothing herein shall create any obligation on Lender
<br />for an Environmental Cleanup.
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<br />200701416
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<br />NON-UNIFORM COVENANTS. Borrower and Lenderfur1her covenant and agree as follows:
<br />22. Acceleration; Remedies. under .hall give notice to Borrower prior to acceleration following Borrower'.
<br />broach of any covenant or agr_ment In thle Socurlty Inatntment (but not prior to acceleration und.r S.ction 18
<br />unlna Applicable Law provide. otherwise). The noUce shall ap.c:lfy: (a) the default; (b) the .ctlon required to
<br />cure the default; (c) . d.", noUMe than 30 day. from the date the noUe.le given to Borrower, by which the d.fault
<br />must be cured; .nd (d) that failure to cure the default on or before the date speclfted In the notice may reeult In
<br />acceleration of the sums ..cured by this Security Instrument and sale of the Property. The notice ahall further
<br />Inform Borrower of the right to reinstate after acceleration and the right to bring a court action to ....rt the non-
<br />exlatence of a default or any other de'en.. of Bonower to acceleration and aale. If the default la not cured on
<br />or before the date apeclfted In the notlce, Lander at Ite option may roqulrelmmedlate payment In full of alleums
<br />"GUM by this Security Instrument wfthout further demand and may Invoke the power of ..Ie and any other
<br />remedln permitted by Applicable Law. Lender shall be .ntltled to oollect all expeneea incurred In pursuing the
<br />remedies provided in this Sectlon 22, Including, but not limited to, reasonable attorney.' fees and CON of title
<br />evidence.
<br />If the power of .ale Is Invoked, Trustee 8hall reoord a notice of default In each county In which any part of
<br />the Property Ie located and shall m.11 eople. of such notice In the manner prescribed by Applicable Law to
<br />Borrower and to the other pel'8one prucrlbed by Applicable Law, After the ame requlr.d by Appllc.ble Law,
<br />Trustee shall give public notlce of aale to the persons and In the manner Pl'MCrlbed by Applicable Law. Trustee,
<br />without demand on Borrower, shall nil the Property at public auction to the highest bidder at the time and place
<br />and under the terms dealgnated In the noUee of eal.ln one or more parc.le and In any order Truate. determine..
<br />Trustee may postpone sale of all or any parcel of the Property by public announcement at the time .nd place of
<br />any previously scheduled a.le. Lender or Its d.algnee may purchase the Property at any eale.
<br />Upon rec.lpt of p.yment of the price bid, Tru.... ahall deliver to the purchaaerTruatee's de.d conveying the
<br />Property. The recitals In the Trustee'. deed nail be prima facl. evidence of the truth of the atatemente made
<br />therein. Tl\I8too shall apply the proctHlda of the 881. In the following order: (a> to all coettl and expensea of
<br />.xerGlalng the power of sal., and the aal., Including the payment of the Trustee'. fe.. actually Incurred and
<br />reaaonable attomeys' feM.s pennltted by Applicable Law; (b) to .11 sums secur.d by thle Security Instrument;
<br />and (c) any exc... to the person or porsone legally entlded to It
<br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee
<br />to re-convey 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 without warranty to the person or persons legally
<br />entiUed to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a
<br />fee for reconveylng the 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 pennitted under Applicable Law.
<br />24. SubeUtute Trustee. Lender. at its option, may from time to time remove Trustee and appoint a successor trustee
<br />to any Trustee appointed hereunder by an instrument recorded In the county In which this Security Instrument Is
<br />recorded. Without conveyance of the Property, the successor trustee shall succeed to all the tiUe, power and duties
<br />conferred upon Trustee herein and by Applicable Law.
<br />25. Requeet for Notices. Borrower requests that copies of the notice of default and sale be Sent to Borrower's
<br />address which Is the Property Address.
<br />20. Post Judgment. Borrower agrees that the interest rate payable after a Judgment is entered on the Note or In
<br />an action to foreclose the Security InstNment, shall be the rate stated In the Note or, If the State does not permit the
<br />Lender to charge the Note rate, then the judgment rate permitted under Applicable Law shall apply.
<br />Any advances made by a lender after a judgment Is entered on the Note or In an action to foreclose the Seourity
<br />Instrument. including but not limited to payments of insurance premiums and real estate taxes, shall become additional
<br />indebtedness of the Borrower and shall continue to be the obligation of the Borrower until said indebtedness is paid in
<br />full.
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<br />NE Deed 01 Trust - Single Family - Home Equity Ifl.v. ..,-05)
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