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<br />200703032
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<br />~ ,. 82501'0803
<br />that the other party has breached any provision of, or any duty owed by reason of, thiS Security Instrument, until such
<br />Borfower or Lender hali notified the other party (with such notice giwn in compliance with the requirements of Section
<br />~ 5) of such alleged breaeh and afforded the other party hereto e reasoneble period after the giving of such notice to
<br />take oorrective action. If Applicable Law prOYides a time period which must ela.pse before certain ection can be taken,
<br />thet time period will be deemed to be reasonable tor purposes of this paragraph. 'The notice 01 acceleration and
<br />opportunity to cure given to Borrower pursuant to Section 22 and the notioe of acceleration given to Borrower pursuant
<br />to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action proviSions of this Section
<br />20.
<br />21. Hazardou. Subetancee.. As used in this Section 21 : (e) "Hel:ardous Substances" are thosesubstanoes defined
<br />as toxic or hazardous substances, poIlutanls, or wastes by Environmental Law and the foBowing substances: gasoline,
<br />kerosene, other flammable or toxic: petroleum producb, toxic pesticides and herbicides, volatile solvents, malarials
<br />containing asbestos or t'onnaldehyde, and radioactive meterials; (b) "Environmental Law" means federellaws and laws
<br />of the Jurisdiction where the Property is located that relate to heal1h, safety or environmental protection; (c)
<br />"Environmental Cleanup" includes any response action, remedial acIior1, or removal action, as defined in Environmental
<br />law; and (d) an "Envlronmontal Condition" mc;aans a condition that can cauco, contrlbutg to, or othorwlso triggor an
<br />Environmental Cleanup.
<br />Borrower shall not cause or pennlt the prnence, use, disposal, storage, or release of any Hazardous Substances,
<br />or threalen 10 release any HazardOllS Substances, on or in the Property. Borfower shall not do, nor allow anyone else
<br />todo, anything effecting the Property (a) that is in violation of any Environmental Law, (b) which ereales an Environmental
<br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creales a condition that
<br />adversely affects the value of the Property. The preceding two sentences Shall not apply to the presence, use, orstorage
<br />on the Property of ...mall qUllntities of Hlmudous Substances that are genemlly recognized to be appropriate to normal
<br />residential uses and to maintenance of the Property ~ncluding. but not limited to, hazardous substances in consumer
<br />products).
<br />Borrower shall promptly give Lenderwritten notice of (al any investigation, claim, demand, laWsuit or other action
<br />by any governmental or regulatory agency or priwte party involving the Property and any Hazardous Substance or
<br />Environmental Lawofwhlch 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 r"e of a Hazardous Substance which adversely attects 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 affocting the Property is necessary, Borrower shall promptly take aU
<br />necessary remedial actions in ac:cordaneewlth Environmental Law. Nothing herein shall create any obligation on lender
<br />for en Environmental Cleanup.
<br />
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows;
<br />22. AcceI....Uon; R.med.... Lender ohaIl give notice to 8onower prtorto aoeeIeratlon following Bonower'a
<br />brMch of any COy..,.nt or egntement In thl. Securtty Inatrument (but not prior to acceleratlon under Sec1Ion 18
<br />unIM8 Applicable ~ provides otherwi8e). The notice ahallaplClfy: (Il) tho default; (b) the ac:tlon ~ulNd to
<br />cure the default; (c) Il ckde, not.... than 30 dayefrom the dIlte lhenotlc-.Isglven to Borroww. by which the default
<br />must be cured; and (d) that fallUA! to CUM the default on or before the date epectfled In the notice may re8l.Ilt In
<br />acceI...Uon of the auma _ured by this Securtty Instrument and sate of the Prop4trty. The noUce ahall further
<br />Inform Borrower of the right to ........... after a~eratlon and the right to bring II court aCUon to a888t1 the non-
<br />oxl&tonco of a default or any OUlor ~ of Borfower to acclflonttlon and..... "the default Is not curod on
<br />or beforo the date apodfted In tho notloe. Lender at Ita option may requlro Immedlllw payment In full of all aums
<br />eacured by thla Securtty Instrumant without further demand and may Invok. the pow.r of ..Ie and any othw
<br />A!rnodloa permitted by Applicable a.-. Lendar shall be antlUed to collect all expen_lncufTod In punwlng the
<br />remedle. pnlvtded In thI. Soctlon 22, including, but not Ilmhod to. ....llOnablo attorney.' 1M. and co.. of title
<br />evldlHlCG.
<br />If the power of ....18 InYOked, TrustH ....1 record a notice of default In eoch county In which any pttrt of
<br />the PJvperty I. lacO.d and .....1 mail copin of _h notice in the manner preacribad by AppliCllble Law to
<br />Borrower and to ..... other penon. Pf"CrIbad by Applicable Law. After tho time required by Applicable Law,
<br />Tru... sholl give public notIco of .... to the pa_a end In the manner preaorlbed by Applicable Law. Truame.
<br />wlthout demand on 80n'0wer. ahall1l8l1 the Property at public auction to tho htghe. bkIdor at the time and p1a~
<br />amd under the tarms de8lgnllbtd In the no1Ico of"'e In one or more parcelll and In any ordorTru.... determines.
<br />Tru... may poatpone "'e of all or any parcol of the Property by public announcomant at the time and place of
<br />any prevlou8ly acheduled ..... Lender or Ita de8ignae may purchase the Property at any sala.
<br />Upon receipt of paym.nt of1he price bid, Tru... ahall delivorto the purchaser Trustee'. deed conveying the
<br />Property. The recitals In ..... Trustee'. deed shall be prima flle" evidence of the truth of the ldatomenta made
<br />th.....n. Trust.. ohaIl apply tho proceeda of the sale In tho following order:: (II) to all coats and axpen_ of
<br />8Ierclalng the power of aal., and tho ..... Inolltdlng the payment of the TI1I...... foe. actually Incurred and
<br />....sonabl. attomey.' fMa as p4N1nItt8d by Applicable Law; (b) to all sum. MCUred by thIa s.curtty Inatn.nnent;
<br />and (c) any 0_ to the penton or ~ legally entlUcad to It.
<br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee
<br />to re-oonvey the Properly and shall surrender this Security Instrument and aU 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 />entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a
<br />fee for reconvaying the Property, but only if the '" Is paid to a third party (such 8$ the Tru$toe) for s81V1ce$ nmd8l'lld
<br />and the charging of the fee is pennitted under Applicable Law.
<br />24. SublllltUta Tru.... Lender, atibloplion, mayfrom tlmeto time remove Trusteeandappointesuecessortrustee
<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 an the title, power and duties
<br />conferred upon Trustee herein and by Applicable Law.
<br />25. Request for Notlce.. Bom:Iwer requests that copies of the notice of defauh and sal8 be sent to
<br />addfM$ which is the Property AddfM$. .
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