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<br />200703313 <br /> <br />by any governmental or regulatory authority, or fUly private party, tha~ MY removal or other remediation <br />of 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 />LOlder for an Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender sball g~ve notice to Borrower prior to acceleration following <br />Borrower's breach 01 any covelWnt Or agreement in tbis Seturity Instrument (but. not prior to <br />acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) <br />the defaultj (b) tbe nction required to cure the default: (c) a date, not less than 30 days Crom the dale <br />the notice is given to Borrower, by which the default rolL'lt be cured; and (d) t.hat faUure to cure the <br />del'ault on or before the date specified in the notice may rcsult in acceleration of the sums sewred by <br />tills Se.:urity mlltrumcnt and sale of the Property. The notice shall further infonn Borrower of the <br />right to reinstate after acceleration and the right to bring a court actiOn to assert the non-existcm:c of <br />a default or a.ny other defense of Borrower to acceleration and 9ale. If the default is not cured on or <br />before the date spetified in the notice, Lender a.t ~t'l option may require immediate payment in full of <br />all stUDS secured by this Security :rnstrument without further 4emand and may invoke the power of <br />sale and any other remedies permitted by Applicable Law. Lender shall be entitled to coUect all <br />expenses incurred in pursuing tbe remedi~ provided in this SedloD 221 including, but not limited to, <br />reasonable attorneys' fees and costs of title evident\". <br />It the power of sale is invoked, Tr~tee shall record a notite ot default in each county in which <br />any part of the Property is lQeated and 5ho11 mail topies of such notice in th~ 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 tbe persons and in the manner <br />prescribed by Applicable Law. Trustee, without demand on Borrower. IlbaU sell the Property at <br />public auction to the highest bidder at the time and place and under the terms de.."ignated in the <br />notice of sale in one or more parcels and in any order Trustee determines. Tr"stee may postpone Side <br />at allor' any parcel of the Property by public announcement at the time 81ld place of any prevtou9ly <br />scheduled sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment ot the price bid, Tru.'ltee shaU 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 truth <br />of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (8) <br />to all costs and e~penses of exercising the power ot sale, and the sale, including the payment of the <br />Trustee's fees actually incurred and reasonable attorneys' tees as permitted by Applicable Law; (b) to <br />all sums secured by this Security Inlitrllment; and (c) any eXCe5$ to the person or perSons legally <br />entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lcnaer shall <br />request Trustee to reconvey the Property and shall surrQ1det this Security Instrument and all notes <br />evidencing debt. ~ccure4 by this Security lnstrurnent to Trostf;le. Trus~ee shall reconvey the Property <br />without warranty to the person or -persons legally entitled to it. Such person or persons shall pay any <br />recordation costs. Lender may charge such person or persons a fee for reconveyiJl.~ the Property, but only <br />if the fee is pi:lia La a third party (such M the Trustee) for services rendered and the charging of the fee is <br />permitted under Applicable Law. <br />24. Substitute 'trustee. Lender. at its option, may from timt! to time remove Trustee and appoint a <br />successor trustee to any Tru5\J;.'C appointed hereunder by an instrument recorded in the county in which this <br />Security InstruIl1Cnt is recorded. Without conveyance of the Property, the successor trustee shall succeed to <br />all the title. power and duties conferred upon Trustee herein and by Applicable Law. <br />25. Request for Notices. Borrowr;:f requ.ests that copies of the notice of default and sal~ be s.ent to <br />J3orrower's address which is the Propeny Address. <br /> <br />~.6INf' 100061 <br /> <br />P~B~ 13<1115 <br /> <br />IMlel~' <br /> <br />FOrm 3028 1f01 <br />